Kent county in regard to a United States Sena-
tor. However, he looked at this matter as one
for compromise, and thought that they would all
come up to the question in the same spirit as
those who had gone before them, and then even-
handed justice would be meted out,
Mr. BOWIE had not intended to say another
Word, but he hoped the Convention would in-
dulge him in a few remarks. His friend from
Kent, (Mr Chambers,) undertook to read from
the opinions of distinguished gentlemen in the
contested election case of "Barney vs. McCreary,"
in support of bin argument. He (Mr. B.)
had never seen that case until now, and he had
just cast his eye upon it. He believed, however,
that the members who advocated the doctrine
now held by the gentleman from Kent, were all
Federalists. Here were their names. Mr. Philip
Barton Key, Mr. Quincy, Mr. Chapman John-
son and others. Those who voted to sustain the
rights of the States were Democrats, viz: Mr.
Randolph, Mr. Sawyer, Mr. Bibb, and Mr.
Love. He desired to read for his own justification
the deliberate opinions of Mr. Randolph, of Va.,
who, in his, (Mr. B's) judgment, had expressed
sentiments of the clearest and soundest character,
They came fully up to the case now under con-
sideration, and not even Mr. key, or Mr. Quincy,
or his friend from Kent, (Mr. Cham-
bers,) or the gentleman from Frederick, (Mr.
Thomas,) had come within gun shot of the ar-
gument. He asked the attention of the Con-
vention, while he read Mr, Randolph on the
Constitutional question;
"The second paragraph of the second section
of the first article of the Constitution had, to
his extreme surprise, been construed by the
committee of elections as restricting the States
from annexing qualifications to a seat in the
House of Representatives. He could not view
it in that light. Mark the distinctions between
the first and second paragraphs. The first is
affirmative and positive. 'They shall have the
qualifications necessary to the electors of the
most numerous branch of the State Legisla-
ture,' The second merely negative. 'No per-
son shall be a representative who shall not have
attained to the age of twenty-five years,' &c.
No man could be a member without these re-
quisites; but it did not follow that he who had
them was entitled to set at naught such other
requisites as the several States might think
proper to demand. If the Constitution had meant
(as was contended) to have settled the qualifi-
cations of members, its words would naturally
have run thus: "Every person who has attained
the age of twenty-five years, and been seven
years a citizen of the United States, and who
shall, when elected, be an inhabitant of the
State from which he shall be chosen, shall be
eligible to a scat in the House of Representa-
tives." But so far from fixing the qualifications
of members of that House, the Constitution
merely enumerated a few disqualifications within
which the States were left to act. It said to the
States, you have been in the habit of electing
young men bare of age; you shall send us none
but such as are five and twenty, some of you |
have elected persons just naturalized; you
shall not elect any to this House who have
not been seven years citizens of the United
States. Sometimes mere sojourners and tran-
sient persons have been clothed with legislative
authority; you shall elect none whom
your laws do not consider as inhabitants.
Thus guarding against too great laxity in the
State regulations, by general and negative pro-
visions, leaving them, however, within the limits
of those restrictions, to act for themselves; to
consult the genius, habits, and if you will, the
prejudices of their people. The first paragraph
which he had read was positive and affirmative.
By it every person having the qualification re-
quisite to an elector of the most numerous
branch of his State Legislature, was entitled to
vote for members of the House of Representatives.
Yet, nevertheless, the qualification rested
with the State. They might make it a part of
the qualification of an elector, that he should
resine within his district, county or borough.
Would it not be absurd to say that a man might
take a seat in that House, who, at the same
time, was not qualified to vote for a member of
it? It had always been supposed that the elec-
ted should possess higher qualifications than the
elector; yet it would be entirely reversed. And
why should it be supposed that whilst the Con-
stitution had vested in the State the greater
power, that which was most capable of abuse,
the unlimited right of prescribing the qualifica-
tion of the person voted for, having respect,
however, to the disqualifications enumerated in
it? The construction of the constitution, for
which lie had contended, was so obvious and
natural that it had been adopted by the States,
and acted upon from the commencement of the
government, without any man dreaming of, or
starting an objection to it."
Here (continued Mr. B.) was the substance of
the argument he had submitted to the Conven-
tion, and every word was endorsed by Mr.
Sawyer, by Mr. Bibb, and by Mr. Love, all of
whom were lawyers of distinction. He thought
the opinions of such men entitled to quite as
much weight as those of Mr. Key or of any
other gentleman whose opinion has been relied
on by the gentleman from Kent.
Mr. STEWART, of Caroline, asked if it would
be in order to offer a substitute for the amend-
ment at that time?
The PRESIDENT said it would not.
Mr STEWART then observed) that he should
decline to vote for the amendment of the gen-
tleman from Prince George's; but it struck him
at the time the proposition was first offered, that
it was unconstitutional. And, having his own
opinions and views as to the constitutionality of
the proposition coming in conflict with what he
desired, should otherwise be a provision in the
constitution, he had listened with great atten-
tion to the arguments on the subject; for he had
determined, if he could be satisfied in his own
mind that it was constitutional, he would vote
for it. Therefore he had listened with a great
deal of pleasure to the argument of the gentle-
man from Prince George's, in order that he |
