the Senate of the United States would disregard
the constitutional rights of the States, and be-
fore the gentleman could plant himself upon
such supposed action of the Senate, he should
first have shown by a legitimate process of rea-
soning, that the provision in the State Constitu-
tion was in conflict with the Constitution of the
United States.
Mr. THOMAS said that he had not intended to
say a wold further, but for a question which
was asked by the gentleman from Prince
George's, (Mr. Bowie.) He had asked whether
a member of Congress could be elected who
should reside within the boundaries of Mary-
land and out of the district in which he was
chosen. The Congress of the United States
had no more power to superadd qualifications
lo the members of that body than this Conven-
tion itself. The Constitution of the V. States
was the supreme law of the land, and any act
of Congress incompatible or inconsistent with
with it in the slightest degree, would be a nul-
lity. Residence was a technical word. A per-
son might be an inhabitant of any part of Ma-
ryland if he was there for five hours previous to
the election. Philip Barton Key himself re-
sided in the county of Montgomery, though
elected from Prince George's, Anne Arundel
and others, to the House of Representatives.
The fact that he was permitted to argue this
question, showed that his seat was not vacated
on that ground.
Mr. RANDALL (in his seat.) It was contested
and decided in his favor.
Mr. THOMAS said that he was not aware of that.
He would now state a parallel case. In providing,
in the Constitution of Maryland, for the qualifi-
cations of members of the House of Delegates,
the residence of twelve months in the State and
six months in the county was required. Could
the Legislature superadd to these qualifications?
Could the Legislature require a residence of twelve
months in the county, or add any other provision?
So with a member elected to the House of Repre-
sentatives That body must judge of his qualifi-
cations. and their rule would be the Constitution
of the United States. The Senate of the United
States, in deciding upon the eligibility of a mem-
ber, never would look to the Constitution of Ma-
ryland, or the law of 1809, to determine that ques-
tion. The Constitution of the United States was
supposed to be a perfect instrument in this respect,
requiring no aid from the Legislatures of the
States. He had no doubt that a member might
be elected from any part of Maryland by any dis-
trict in Maryland, and that Congress would so de-
termine, looking to the Constitution of the United
States for the qualifications required, and not to
the action of Congress, nor to the proceedings of
the State Legislature.
Mr. BOWIE said that he supposed such an
answer would be given to make the gentleman's
argument consistent. But he could not see any
reason for requiring the States to lay off congre-
sional districts, if residents in any one district
could be elected from any other. The only de-
sign of the district system was to prevent a gen-
eral ticket system) and to allow minorities to be |
represented all over the country. The States
were laid off into districts in order that minorities
might be represented, and that all the diverse
interests of each State might be protected in Con-
gress This whole system, with all its benefits,
would he entirely prostrated by the construction
of the gentleman from Frederick. In the case
mentioned by the gentleman from Frederick, of
qualifications as to residence for elections to the
House of Delegates, he would admit that the term
being prescribed at six months by the Constitu-
tion, could not be changed to twelve by the Legis-
lature; but he would ask if the Legislature would
not have the right to district the counties, and to
say that the persons elected shall come from par-
ticular portions of them. The great error into
which gentlemen had fallen was in assuming the
very thing to be proved—that the superadded
qualification would be, as such, in conflict with
the Constitution. If there was no inconsistency
between the superadded qualification and those
previously existing, he could see no conflict what-
ever; and he should maintain the State's lights
doctrine upon this point.
Mr. THOMAS adverted to the Constitution of
Maryland, which requires that the representa-
tives of counties shall be residents of the county
where they are to be chosen one whole year
next preceding the election, &c. And asked if
the qualification could be changed by the Mary-
land Legislature?
The Constitution did not say that they should
reside there no longer than one year. If they
resided there two years they would still be eli-
gible under the Constitution; and if required to
reside there two years, it would be merely su-
peradding the qualification of an additional
year's residence. The major proposition would
include the minor. If he had resided there tell
years, he must have resided there a year. No
one would contend that the time could be made
shorter by the Legislature; but it was not more
in conflict with the Constitution to make the
time shorter than to make it longer, or to super-
add any other qualification. This oft-repeated
clamor against the overshadowing commercial
power of the city of Baltimore, was like the old
fable of the rebellion of the limbs against the
belly, all being members of one body, which
must stand or fall, prosper or perish together.
He did not wish an article incorporated into the
Constitution which was not only founded upon a
mistaken apprehension, but would be a nullity,
and would lead to diversity of feeling with re-
spect to the adoption of the instrument itself. It
might be impossible to satisfy the people of
Maryland, whether or not the provision was
binding. It would lead to misunderstanding,
and when decided to be a nullity it would lead
to disappointment and perhaps dissatisfaction.
He would therefore oppose the proposition.
Mr. HICKS had listened patiently to the able
discussion of the gentlemen from Frederick,
(Mr. Thomas,) from Kent, (Mr. Chambers,) and
from Prince George's, (Mr. Bowie,) but he
could not consent, as a representative, a feeble
representative of the Eastern Shore, that the
vote should be taken without saying something |
