that the section should stand precisely as it is
without even the amendment which I have had
the honor to present; and I will therefore with
draw that amendment. We are now forming
portion of the Constitution, which has reference
not to the elective franchise, not to political
rights, not to the office of Governor, or any office
of a mere political character; but to a judgeship,
which the gentleman himself would have as far
removed from all political considerations as possible,
which he himself agrees ought not to
be thrown open to the whole community at large
in this very bill it is confined to members of the
bar. That may be said to be anti-republican.
Why should not every man be a judge, whether
a member of the bar or not, whether learned in
the law or not ? Because if this was to become
the practice, the judicial department would fall
into just disrepute, and would receive the sneer
and the scorn of the world, and would become
justly unpopular. Every man would be indignant
at such a proposition as that. While we would
not take away the right of suffrage from the
naturalized citizen, we might, without any inconsistency
at all, and without any attack upon any
man's republican notions, say that he should no
be chosen to construe our laws, until he shall
have been here long enough to understand them
I think it is a wholesome guard, with no odious-
ness whatever, upon its face, no unjust discrimi-
nation in the letter of the law, and none intended
or practically resulting from its operation,
Again, if you should pass the judiciary bill
with a provision allowing foreigners, who are
not citizens of the State, to be put upon your
bench, I suppose that this might have a wonder-
ful influence in the city of Baltimore, and per-
haps all over the State, in the vote upon the
adoption of the Constitution. A great many
would vote against the Constitution on that very
ground.
Mr. DORSEY. I think the people would prefer
the Constitution on that very ground. If an alien
should come here to-morrow, when he has had
the requisite residence, he may be a judge under
the Constitution as it now stands; and do you
think the people would reject a Constitution
which requires five years residence, in order to
go back to one which equally throws open the
way to the admission of an alien judge ?
Mr. HOWARD. If the gentleman from Prince
George's withdraws the amendment he proposed
just now, I will renew it at the proper time. The
Constitution of the United States provides that
the citizen of one State shall be entitled to all
the privileges of citizens of the other States.
We know that that clause once gave rise to very
great debates, and some exceedingly interesting
questions arose. Under the letter of that clause,
it might be said that we could not exclude citi-
zens from the other States from being entitled to
the same privileges with the citizens of this State,
and consequently citizens of other States, who
have been here only six months, would be entitled
to be eligible.
Mr. DORSEY. I will inform the gentleman
from Baltimore county, that this question was
discussed, during his absence, at great length, |
and the Convention were of opinion, with some
few exceptions, that the Constitution did not mean
political rights; and that we had an unquestionable
right of depriving naturalized citizens of
holding any office whatever, as a member of the
Legislature, or any other office; and that the
citizen of another State had no political rights in
framing our Constitution, and we had a right to
exclude him as well as the naturalized citizen.
Mr. HOWARD. I will not press the amendment
then.
Mr. BUCHANAN, I have some difficulty upon
this subject. I am very much disposed to stand
by my friend, the chairman of the committee,
(Mr. Bowie,) with whom I concurred very much
in the committee; but, nevertheless, I think he
is somewhat mistaken, and I am obliged in can-
dor so to say. Our friend on my left, [Mr. Dorsey,]
did start, I think, with some hostility to the
naturalized citizens; but he very soon became
exceedingly liberal, so much so that I take plea-
sure in thanking him for coming into our ranks,
and in congratulating the friends of the natural-
ized citizens for the very just services he has
rendered them in this Convention, From the be-
ginning to the present hour, I have been opposed
lo any distinction between the naturalized and
the native born. I have been most particularly
opposed to any distinction which was calculated
to wound the feelings of the naturalized citizen.
I have argued that question before, and do not in-
tend to go over the around again now. But my
difficulty is this: If I understand the gentleman
from Prince George's, there will be adistinction
between the time of residence required in the
State for the naturalized citizen, and the time re-
quired for the native born citizen. If there is, I
shall vote against the section, as a matter of
course.
If the object of the gentleman from Anne
Arundel be to allow the naturalized citizen to be-
come a judicial officer, after he has remained
here the same length of time that is required of
the native born citizen, then, of course, I shall
vote for his amendment, in preference to the pro-
position of the honorable chairman of the com-
mittee. I desire no such distinction. I maintain
that if a man comes into the State of Maryland,
no matter where he comes from, whether from
Germany, Hungary, or from Ireland—as one of
my friends said just now, one of the chosen spots
in the earth, a good deal desecrated by man, but
blessed by God—let him come from whence he
may, if he have sufficient intelligence to draw
the attention of our people to him, in so far as to
induce them to elect him a judicial officer, then,
sir, he has intelligence enough to form a good
opinion upon our institutions, and is perfectly
fitted to be a judicial officer. Pursue the other
course, and you may exclude from your bench
some of the wisest and most distinguished men
from other countries.
There are as distinguished lawyers in Ireland.
and some other quarters of the world, as any in
the United States. One of these comes here and
takes up his abode in Maryland, full of legal
knowledge, and with a view best to terminate his
days. He dedicates his days and nights to the |
