Mr. DANIEL. Is this report taken tip in con-
nection with the resolution offered by the
gentleman from Prince George's (Mr. Belt?)
If they are both up, I would move to post-
pone their consideration until Friday. I
would really like to hear that gentleman's
reasons for the adoption of his order, and it
would be courteous to him to give him the
opportunity to be heard.
Mr. STOCKBRIDGE. So far as I am aware,
the facts that shall enable this convention to
judge of the matter are as fully before the
convention this morning a they will be on
Friday. That being so, I see no object in
postponing it. If we were to get any new
light—if the gentleman had coupled that
with a proposition to take testimony to es-
tablish any of the facts in the preamble of
the resolution on page 381 of the journal, I
could understand it. But at this time I do
not see the reason why the absence of any
individual member should bar the progress
of a report. I propose that we go on and
finish our business as fast a we reach it.
Mr. DANIEL. I do not think we ought to
prejudge the gentleman's reasons. He has
moved this resolution deliberately, and I
think he ought to be heard upon the subject.
I do not think we ought to prejudge whether
he can give us any new light or not.
The motion to postpone until Friday was
rejected.
The question recurred upon concurring in
the report of the committee,
Mr. MILLER. In the course of the proceed-
ings of the convention the other day, I
offered an order which brought up this ques-
tion of the construction of the bill under
which the convection was called; and this
report of the committee on elections brings
up again the same question, I have no per-
sonal considerations of an unfriendly char-
acter towards those who have, in my judg-
ment, taken their seats in this convention
without the authority or sanction of the law
under which the convention was called. It
is simply a question of the construction of
that law, and of the powers of this body as
a convention of the people of Maryland.
I think it is perfectly plain that under the
provisions of the convention bill itself, the
gentlemen named in the resolution offered by
my friend from Prince George's (Mr. Belt)
were not eligible to seats; because the first
section of that bill—if that bill is to be
adopted for the guidance of this convention—
provides that " the legal voters of this State
shall by ballot elect delegates to the said con-
vention, whose qualifications shall be the same
as those now required for a seat in the house
of delegates." That is the language of the
provision of the bill. If the legislature has
power to prescribe that qualification, it seems
to me very clear that the gentlemen who are
named in this resolution are not entitled to
seats. The legislature has said in calling |
this convention that the delegates shall have
the same qualifications as are now required
for a seat in the house of delegates.
Under the provisions of the constitution
the qualifications required for a seat in the
house of delegates are prescribed.. Section
9 of article 3, lays :
"No person shall be eligible as a senator
or delegate who at the time of his election is
not a citizen of the United State? "—that is a
negative qualification—"and who has not
resided at least three years next preceding the
day of his election in this State, and the last
year thereof in the county or city which. he
may be chosen to represent, if such county
or city shall have been so long established,
and if not, then in the county from which in
whole or in part the same may have been
formed; nor shall any person be eligible as
a senator unless he shall have attained the
age of twenty-five years, nor as a delegate
unless he shall have attained the age of twenty-one
years at the time of his election."
The language of the constitution is nega-
tive. It says no person who has not these
qualifications shall be eligible as a delegate.
Then comes the next provision ',
' ' No member of congress, or person hold-
ing any civil or military office under the
United States, shall be eligible as a senator
' or delegate; and if any person shall, after
his election as a senator or delegate, be elected
to Congress," &c.
" No minister or preacher of the gospel, of
any denomination, and no person holding
any civil office of profit or trust under this
State, except justices of the peace, shall be
eligible as senator or delegate."
The convention will perceive that these
qualifications in the old constitution are all
of them of the game character. Suppose a.
non-resident, a foreigner, or a person who
had not resided three years in the State of
Maryland, a person who had not attained big
majority, who was not twenty-one years of
age, had been elected by the people in any of
the counties to this convention, would such
a person be entitled to hold a Beat upon this
floor? If the legislature would have the
power to fix that as a qualification, and say
that no such person should be a member, they
have also the same power to prescribe that no
person should be eligible holding any of these
offices. Majority in one case is the qualifica-
tion, citizenship the qualification, freedom
from holding office is also a qualification. 1
ask gentlemen bow they are to make a dis-
tinction. The general words of the law are
that the same qualifications shall be required
from delegates of this convention, a those
now required for a «seat( in the house of dele-
gates.
In the latter part of this bill there is a pro-
vision in section 4, that any senator or dele-
gate may be elected. That is an exception
to the general provisions contained in the |
