Mr. CHAMBERS. I am happy to perceive that
the occasion for rebuke did not exist, but I must
in candor say to the gentleman I was not alone
in supposing him to have used the remark at-
tributed to him, and certainly nothing was far-
ther from my design than to attribute to him
more than he had said.
Mr. GWINN, The gentleman from Queen
Ann's (Mr. Grason) did not so understand me.
Mr, CHAMBERS. I will acknowledge with
great gratification that it was my misunderstand-
ing. Whenever such a question arises between
the gentleman and myself, I shall infinitely pre-
fer that the fault is to be charged to some in-
firmity on my part, rather than to an unkind re-
mark of his.
To proceed then, I have again to express my
regret at the, introduction of this question. It
is calculated to place some of us in a false posi-
tion, by the appearance of not enforcing a prac-
tice of which we approve. Believing, as I do,
that to adopt this provision would violate the
Constitution of the United States, I feel bound
I in candor to say so. That Constitution, in the
I name of the people of the United States, by
whose authority it was made, has delegated to
the States, as States, certain powers, amongst
which this of electing Senators is one. It
seemed to be assumed that the States, as such,
had all power of sovereignty, except such as are
in terms denied to them or given by words of
exclusion to the General Government. Not so,
sir, the powers reserved are reserved according
to the letter of the instrument to the States or
"to the people." I apprehend it will be aposi-
tion difficult to defend, that the States, as such,
can exercise any portion of the sovereign power
of the "people of the United States," except
the State claiming to do so can find an express
grant of that power. I suppose the people of
the United States would be competent now as
they were in 1787, when the present Constitu-
tion was framed, to make a new form of gov-
ernment without any intervention of State legislatures.
It is not necessary, however, to discuss
this question, it does not arise in this case. No
claim is made but under the term of the grant.
These terms authorize the State to prescribe the
times of the election, the places of holding elec-
tions and the manner of holding elections. And
here, sir, I will take occasion to say a word in
reply to my friend from St. Mary's, (Mr. Blak-
iston.) With declarations of "the utmost diffi-
dence and of a very humble desire to acknowl-
edge his inferiority," my friend—whose sincer-
ity in this respect of course I must not doubt—
nevertheless made a long argument, in which
he expressed in the strongest terms his thorough
conviction. His point is, that as the Legislature
could make districts for members of the House
of Representatives, therefore they could adopt
this provision. Now, sir, the vice of this argu-
ment is not in the premises, but in the conclu-
sion. There can be no doubt that the Legisla-
ture can designate districts, within which mem-
bers of the House of Representatives are to be
chosen, because the plain words of the Consti-
tution give the authority to "prescribe the place |
of holding the election" for members of the
House, but it is expressly denied in respect "to
the place of choosing Senators." But suppose
that distinction not to exist, as it does, between
the cases, the material question yet remains, can
the legislature designate the place--not "of
holding the election"—but "of the residence of
the candidate?" The difference is obvious and
the reasons for it are obvious,
Questions touching the qualification of voters,
and when and where and how they should vote,
were precisely those which each State had to settle
for itself, in its own internal government, and it
was not only fit, but in fact essential, that no
other mode should be required by the General
Government. To do so would disturb not only
fixed habits of convenience, but of propriety, and
for no useful purpose, offend the feelings of a large
class. Bill as the qualifications of the represen-
tative, it was just as fit and proper that the Gen-
eral Government alone should have exclusive
control. All were to act together, all to have
equal power, all should have equal respect, all
should be equally qualified.
It was therefore held, and in my judgment,
rightly held. by the House in the dispuled election
cases, that while the division into districts was
perfectly proper, and obliged the voters to cast
their ballots in the district designated, yet the
voters residing in that district might elect a mem-
ber from any other district; the candidate need
not reside in the district. The analogy of the
cases, then, does not exist, as my friend supposed;
it fails in the only particular in which it could
avail his purpose, and he must perceive can be
used directly against his position. The Legisla-
ture has power to prescribe the "place of elec-
tion" in regard to representatives, and yet it can-
not prescribe the " place of a candidate's resi-
dence," therefore a fortiori it cannot prescribe the
place of residence for a Senator, in respect to
whom it has not that power. To press such an
argument as is urged on the other side, will end
in nothing short of a power in the Legislature,
and of course, as is conceded by Congress also, to
prescribe the house in which the individual shall
reside, and all the points of character, political,
moral, or religious, which he must possess, to en-
able him to accept a seat when tendered to him
by the Legislature. If the gentleman from Prince
George's feels the force of this brief argument, I
shall be exceedingly gratified to have the Conven-
tion saved, and to be saved myself, from the
unpleasant duty of voting against his proposition.
Mr. BOWIE said that he found himself in company
with his friend from St. Mary's, (Mr. Blak-
iston,) apparently in a very small minority, in
reference to the constitutionality of the provision
proposed to be inserted in the Constitution. Ha
supposed lie should find himself in a very large
majority in reference to the propriety of the meas-
ure ilself; and if the Convention could be satisfied
that they had the constitutional power to incorporate
such a provision, he had no doubt, judging
from the regrets of his friends from the Eastern
Shore, that they would very gladly embrace the |
