ought to be corrected, but after an experience
of more than seventy-five years no evil or in-
convenience had resulted from it. But that the
correction should require a residence in the
State of five years after naturalization, in addi-
tion to five years before it, is in his opinion impolitic,
unreasonable and unjust.
The fifth section required him to be a citizen
of the United States. Now, unless he was a
citizen of the United States, of course he could
not be a citizen of Maryland. He might be an
inhabitant, but not a citizen, though he might
reside here. But this amendment provided that he
should be a citizen. Now, we had heretofore had
much discussion on the subject, and the Convention
had settled down, as he supposed, with the
intention to place naturalized citizens in the same
situation, as the citizens of other States—
born in the United States—coming into Mary-
land with a design to become a bona fide resi-
dent thereof. He would require five years re-
sidence of persons corning from the north, in or-
der that their sentiments and opinions might be-
come well known. A foreigner who was natu-
ralized at the time he received his appointment,
after having resided five years in the State,
should be placed on the same footing as the citi-
zens of other States immigrating to Maryland.
Should no particular time of residence be fixed;
it opened the door to colonization, too, to which,
in every aspect of it, he was opposed. Not that
he was opposed to a selection or election of
judges from the most distinguished lawyers in
every part of the State, but that he was oppo-
sed to such lawyers as would colonize to obtain
judgeship not feeling implicit confidence in the
soundness of their principles.
Mr. BOWIE said that he was very glad to find
that his friend from Anne Arundel, [Mr. Dor-
sey,] had changed his opinion in regard to the
rights of foreigners; for, shortly after the assem-
bling of this Convention, his very first vote, he,
(Mr. B.,) believed, was given against extending
the elective franchise to them, except under cer-
tain restrictions. Now, it appeared that he was
particularly fond of naturalized citizens, and he
seemed to think that he, [Mr. B.,] being the
chairman of the committee who made the report
requiring a residence of five years, designed to
make an attack upon that class of our citizens.
Now the gentleman was entirely mistaken in
supposing that any reference was had by the
committee, or himself, to foreigners at all, or
that the report from the committee looked to a
discrimination between the rights of natives and
foreigners. A citizenship of the State was re-
quired of all persons, by a residence of five years
in it. And, in doing this, the very evil which
the gentleman from Anne Arundel had adverted
to, was in the contemplation of the committee.
and that is the case of persons, natives of other
States, who might come here and be eligible
The gentleman thought they should be citizens
of the United States. Now, he, (Mr. B.,) wanted
to know whether naturalized citizens did not
become citizens of the United States, when they
became citizens of this State ? And if there was |
no difference between foreigners and others who
came from other States—where was the hard-
ship ? They are to be citizens, and for this pur-
pose a residence in the State of five years is re-
quired. And, persons coming here from Boston,
New York, or from any other of the Northern
States, must come here with the intention of be-
coming citizens of the State, and remain five
years in it, before they would he entitled to the
rights and privileges of those born in Maryland.
A man may have lived here ten years, but unless
he came with a determination to reside here, and
to make it his permanent residence, he did not
become a citizen. And, it was with that view
simply, and not with a view to prevent natura-
lized citizens any more than the citizens of other
States from becoming judges, that the committee
reported this provision.
Now, he would ask the gentleman, if he effec-
ted anything by the amendment he had intro-
duced? He actually allowed a man, who was
not even a citizen of the State, to become a
judge, and he proposed to give him eligibility
from the fact of his being a citizen of the United
States, and an inhabitant of the State. This
would sanction the doctrine that a man might be
a judge who was a resident of the State simply.
He would say that the gentleman's amendment
did not carry out his own views, and it was an
attempt to engraft upon the Constitution a most
obnoxious feature; because, according to this
amendment, if a man was an inhabitant only, he
was eligible to the office of a judge. He, [Mr.
B.,] had supposed that as there was no discrimination
made between a person coming from an-
other State, and a naturalized citizen, it was
right to require a residence of five years, and
that there would be no objection to that. Now,
he could see no objection to this, nor had any of
the committee, nor had he changed his opinion
in any one particular on the subject. He said
that as framers of the Constitution, we had no
right to make any distinction between naturalized
citizens and others; and he saw no reasons for
any such distinctions.
And, when the gentleman from Anne Arundel
[Mr. Dorsey,] intimated that he [Mr. B.,] had
changed his opinions on this subject, he begged
leave to say that the gentleman was entirely in
error. He saw no occasion for interlining those
words, "and citizens of the United States." All
that this Convention had to look to was, to see
whether the party was a citizen of Maryland,
for no man could be a citizen of Maryland, who
was not a citizen of the United States; but a
person might be a citizen of the United States,
without being a citizen of Maryland. So that he
used the best terms that he could find. He must
be a citizen of the State; and if the gentleman
wished to confine his amendment to ten years,
instead of five, then he [Mr, B.,] had no objec-
tion.
He would say that the gentleman's amendment
would authorize a man who was a citizen of Mas-
sachusetts to be a judge, he having become a
mere inhabitant of Maryland. He claimed the
right to discuss the amendment, and the force of |
