might be convinced of the power of this Con-
vention to pass a proposition of such a charac-
ter. But he had not yet obtained the consent of
his own judgment that they had got the right to
do as was proposed, and it grew principally out
of a part of the Constitution of the United States,
which had not been noticed by any gentleman
who had discussed this matter. In looking at
the third section of the third article, it says:
"No man shall be a Senator who shall not
have attained to the age of thirty years, and
been nine years a citizen of the United States,
and who shall not, when elected, be an inhab-
itant of that State for which he shall be chosen."
Here was a power given to the United States,
granted by the people of the States in their
sovereign capacities.
Mr. BOWIE. The Constitution of the United
States prescribed certain requisites for a Senator,
Mr. STEWART. Exactly; that the States had
agreed among themselves when they ratified
this constitution, that these requisites should be
necessary to qualify a United States Senator.
Well, what follows? in the fourth section of
the same article were these words:
"The times, places and manner of holding
elections for Senators and Representatives, shall
be prescribed in each State by the Legislature
thereof."
There, the States for themselves, by the Con-
stitution of the United States, invested the Le-
gislature with a discretionary power. They had
said it should be in the discretion of the Legis-
lature, under certain restrictions, (which he had
read in the third article of the third section,) to
fix the times, places and manner of holding elec-
tions for Senators. Now, it was a principle of
law, which had never been denied, that when
ever any body, or State, exercised a power
within their discretion, then there was no power
that could undo what they had done. Now,
what was the discretion left to the Legislature?
Why, that they should send a Senator to the
United States Senate. Under what limitation?
Under the limitation of the third article of the
third section. Now, suppose a Senator had
heretofore been sent to the United States Sen-
ate from the Western Shore, when there was
one already there from the same quarter. He
presented his credentials Then lot a gentleman
present himself, appointed by the Governor
of the State, upon the grounds that the Legisla-
ture had not acted according to law, in taking
both Senators from the same shore, and contest
the seat of the one appointed by the Legislature,
And upon what ground? Because the Legislature
had acted contrary to the laws or constitution of
the State) and that, consequently, the selection
made by them was null and void, and it was to
fill a vacancy. Well, he came there, and pre-
sented his credentials as having been appointed
by the Governor, and contested the seat with the
other. After this article was adopted, what would
the United States Senate do? Where would
they look for the test? Why, they would refer
to the Constitution of the United States, and
examine whether the person asking admission
to the Senate as having been appointed by the
Legislature, has complied with its requirements,
31 |
and not with those of the State of Maryland.
There was the difficulty with him. And what
would they say? Was he thirty years of age?
Had he been in the United States nine years?
Had he been appointed by the Legislature, in
accordance with the requirements of the Con-
stitution of the United States? Yes; and what
qualification did he need, which was required
by the Constitution of the United States? Why,
would say his opponent, he must come from the
Eastern Shore. What answer would the Uni-
ted States Senate give? They would say, if the
Convention of the State had a right to divide it
into two districts, they had a right to go as far
as they pleased. They might say that they
should go alternately, or come from one district;
or they could say the Senator should come from
a certain house, if you once grant this principle,
as the gentleman from Somerset (Mr. J. U.
Dennis) had said. And, then, when the ques-
tion had come up in this way by one gentleman
contesting the seat of another, he did not think
the Senate would hesitate to grant the gentle-
man his seat who had complied with the Con-
stitution of the United States, and been appoint-
ed by the Legislature in the exercise of the
power given them by the Constitution of the
United States. Now, why did he say so? He
would refer gentlemen to the fifth section of the
first article of the Constitution of the United
States. It says: "Each House shall be the
judge of the elections, returns and qualifications
of its own members."
Now, if they are to judge of the qualifications
of their own members, how were they to judge?
They must judge by the Constitution of the
United States; for they were not authorized to
judge of the qualifications according to me con-
stitution of a State. Now, the gentleman said,
if we districted the State, and the Legislature
should select one from the Eastern Shore and
another from the Western, why it was in ac-
cordance with the Constitution of the United
States. That was all very true; because he had
complied with all the requirements of the Con-
stitution of the United States, and there was no
conflict. But suppose that the Legislature
should select both from one shore in accordance
with the Constitution of the United States, but
not in the manner prescribed by the constitution
of the State.
In his opinion, they could not constitution-
ally pass such an article as the one now propo-
sed. It would be merely a recommendation to
the Legislature, which they could follow or
no . Now, there was another objection he had
to it, although he would look over much to vote
for it. He had all those feelings which the
gentleman from Kent had so beautifully and
eloquently ascribed to himself, and also those
sentiments which fell from the gentleman from.
Dorchester, (Mr. Hicks.) He was sure he had
that organ of the brain which indicated love of
home, largely developed.
If there was any man who had a strong at-
tachment and love of his name, it was their
nimble speaker. But, at the same time, it did
not contain all the feelings of his heart. Those
feelings were not bound by the mere boundaries |
