of counties. They were not restrained and con-
fined exclusively there because he happened to
be born or lived in a certain portion of the
world. Why, this whole earth was the habita-
tion of man, and his feelings should encompass,
in his benevolence, every portion of the human
race, because he was in brotherhood with ever
part of creation.
He would say, then, that although he might
have these preferences, it seemed to him that it
was useless to adopt such an article as the one
proposed. It was putting another qualification
not required by the Constitution of the United
States, which he thought they had not right to
do. he had thought of the objection of the
gentleman from Kent, when he (Mr. S.) had
drawn up his amendment, and he would call his
attention to it, to see if it would suit his notions.
There was another objection he entertained to
the amendment of the gentleman from Prince
George's, and that was, it was to lengthy, and
not precise enough. He showed, for instance,
that they should elect alternately from each
shore. Now, if two vacancies were to occur
on one shore, before any occurred on the other,
then they might select both Senators from one
shore. His proposition read thus: "The State
shall be divided into two United States Senato-
rial districts, the Eastern Shore shall compose
the first district, and the Western Shore the
second, and it shall be the duty of the General
Assembly in prescribing the manner of holding
elections for United States Senators, and i ex-
ecution thereof, to elect alternately."
Mr. BOWIE. That would be alternately.
Mr. STEWART. Certainly it would. Mr. S.
proceeded with the reading thus: "From time
to time, a United States Senator from each of
said shores, as vacancies in the office of United
States Senator may respectively occur, and if
the appointment of a United States Snator shall
devolve upon the Executive in the recess of the
General Assembly, the same rule and mode of
appointment shall be observed by him in all ap-
pointments of United States Senator so made."
Well, suppose they were selected alternately
from each shore, and before a vacancy occured
on the Western, two should happen on the East-
ern Shore, if they should select alternately
from each shore, must not the vacancy be filled
from the other shore? thus would both be from
the same shore.
Mr. CHAMBERS would very cheerfully surrender
his amendment to the gentleman's supervision.
Mr. STEWART. Well, he had not read the
whole of it.
"It is hereby recommended to the Legislature
go to make their selections of United States
Senators, as that there shall always be one from
the Western and one from the Eastern Shore;
it is also recommended to the Governor in his
appointments to fill vacancies in the U. States
Senate, to select the appointee from the shore
where the vacancy may occur."
Now, he was very willing to vote for that,
and the reason he could nut vote for the other,
was, that his vote might be construed as an ex-
pression of his opinion in favor of the gentleman's
construction of the Constitution of the U. States. |
Mr. BOWIE said, that according to the fourth sec-
tion the Senate was made the judges of the election
and qualification of its members; but did not his
friend from Caroline (Mr. Stewart) see that if the
State had, in the exercise of her reserved rights,
the power to district, that then the Senate of the
United States would be bound to conform to the
rights of the States, whether they were reserved
rights or rights proceeding from constitutional
grants? Did the gentleman suppose the Senate
would disregard the constitutional or reserved
rights of the States? The question at last comes
back to the original proposition, whether a State
has a right to pass such a law? whether it was a
law contrary to the Constitution of the United
States, and in the fair exercise of the reserved
rights of the States? If so, then the Senate, who
were made the judges of the returns and qualifi-
cations of Senators, were not to sit in hostile
judgment upon the rights of the States. They,
like all other judges, were to judge according to
the law of the case, and if the right existed, they
would so decide. If the States had the right,
then the Senate would be bound to acquiesce in
the exercise of it.
Mr. STEWART said, if the gentleman will an-
swer this question, I shall be obliged. Suppose
an article should be adopted in the Constitution
of Massachusetts, prohibiting the election of any
one as United States Senator who was not an
abolitionist? And them suppose that the Legisla-
ture of that State should select a man, not an
abolitionist, but having all the requisites prescribed
by the Constitution of the United States-I ask
the gentleman if he would not be permitted by
the Senate of the United States to take his seat?
Mr. BOWIE said, he would take it for granted
that all who went for abolition would vote for the
abolitionists, and all who were opposed to them
would vote against them. Those extreme cases
proved nothing. Now, gentlemen had said they
would go for the measure if their own consciences
would permit them. Why, he recollected read-
ing some distinguished author on the philosophy
of the human mind, who had said that conscience
was seated in the head, and not in heart, for
he had never known the head to be right, that
the conscience did not follow it. So he suspected
it was with gentlemen: if their heads were but
right, he opined their consciences would not dis-
turb them.
Mr. CHAMBERS had said nothing about con-
science. He withdrew his amendment.
Mr. STEWART, of Caroline, then moved to
amend said amendment offered by Mr. BOWIE, by
striking out the same, inserting in lieu of it
the following:
"It is hereby recommended to the Legislature
so to make their selections of United States Sen-
ators, as that there shall always be one from the
Western and one from the Eastern Shore; it is
also recommended to the Governor in his appoint-
ments to fill vacancies in the United States Sen-
ate, to select the appointee from the Shore where
the vacancy may occur."
Mr. BROWN moved the previous question ;
And not being seconded,
Mr. BOWIE moved for a division of the question
upon striking out. |
