pacity, had a right to send any body here
that they thought proper, even though he
were a minor or foreigner. They were not
bound by the act of assembly, the only office
of which was to suggest, which suggestion
the people have adopted. Those were my
reasons for signing the report.
Mr. PUGH called for the previous question,
and the call was sustained.
The main question was upon concurrence
with the report of the committee on elections
Mr. DAVIS, 'of Charles, demanded the yeas
and nays, and they were ordered.
The question being taken, the result was—
yeas 55, nays 4—as follows :
Tea—Messrs. Abbott, Annan, Audoun
Baker, Bond, Brooks, Brown, Cunningham,
Gushing, Davis, of Washington, Dellinger,
Dennis, Earle, Ecker, Edelen, Farrow, Gallo-
way, Greene, Harwood, Hatch, Hebb, Hoff-
man, Hollyday, Hopkins, Hopper, Keefer,
Kennard, King, Larsh, Markey, Mayhugh,
McComas, Mitchell, Mullikin, Murray, Ny-
man, Parran, Pugh, Purnell, Ridgely, Robi-
nette, Russell, Sands, Schley, Scott, Smith, of
Dorchester, Smith, of Worcester, Stirling
Swope, Sykes, Todd, Valliant, Wickard,
Wooden—55.
Nays—Messrs. Davis, of Charles, Lee. Mil-
ler, Parker—4.
As their names were called,
Mr. DAVIS, of Charles, said: The gentle-
man from Baltimore city (Mr. Stirling) said
this question had been raised to consume
time, that it was a mare's nest, that it was
never heard of before, that these gentlemen
were disqualified from taking seats in this
body. I take this occasion to say that I took
that ground in the campaign in our county.
that many gentlemen who now hold seats
upon this floor were ineligible. I say this
particularly to show that my opposition at
this time to their holding seats is not with
me a new-born idea. I have held it ever
since the call of this convention. As we are
now dealing with the law of this convention
1 shall vote according to my opinions ex-
pressed for the last two years, "no."
Mr. CUSHING. You consider your col-
league, Mr. Edelen, as not entitled to a seat?
Mr. DAVIS, of Charles. I considered the
gentleman from Charles, Mr. Edelen, as not
entitled to a seat.
Mr. EARLE said: Being one of those who
are regarded by the resolution of the gentle-
man from Prince George's as ineligible to a
seat in this convention, I ask to be excused
from voting on the report of the committee
on elections.
Mr. STIRLING, I should like to gratify the
gentleman from Cecil (Mr. Earle,) but sup-
pose somebody should come in and say that
two-thirds of the convention were disquali-
fied; would they sit here and let the one-
third turn them out? I submit that the gen-
tleman must vote. |
The convention refused to grant the re-
quest.
Mr. EARLE. In explanation of the vote I
shall give, I wish to state I have no doubt of
my right to a seat in this convention. Had I
entertained a shadow of doubt on the subject,
I should never have allowed my name to be
used as a candidate for the position; and had
my opinion undergone the slightest change
from any argument made use of on this floor,
I should not now hesitate to lender my
resignation.
The act of assembly calling the convention
is explicit, and no fair construction of it can
exclude from a seat here, either a judge, or
clerk of the court of appeals. Entertaining
these opinion?, and as the convention insists
on my voting, I vote "aye."
Mr. EDELEN said: As I belong to that class
who will beaffected by this resolution, I ask
to be excused from voting,
The convention refused to grant the re-
quest.
Mr. EDELEN said; I will take occasion, in-
asmuch as the house requires me to vote, to
say that I became a candidate for a seat in
this convention very much against my will
and quite unexpectedly to myself. I did not
know I was to be a candidate until the
very moment I was put in nomination.
I must, confess that I had not looked very
carefully into this convention bill, and the
question that is now raised by the resolution
of the gentleman from Prince George's (Mr.
Belt) and supported at length by the gentle-
man from Anne Arundel (Mr. Miller,) did
not occur to me at the time. Had I supposed
that I was not entitled to a seat in this body,
like my friend from Cecil, I should certainly
have never become a candidate. From the
examination that I have given to this question,
when the matter was a few weeks ago
brought to this body, I must confess that I
am not altogether clear upon the question. It
is one of those questions which to my mind
has two sides, and a great deal may be said
upon either side. But being more inclined to
the view that we are not here bound by the
requirements of that bill, I shall vote "aye."
Mr. GALLOWAY said: Though it was not
known to the gentleman from Prince George's
(Mr. Belt,) suppose when he drew up his
resolution, I have the honor in my county of
holding that position which, in the opinion
of the gentleman from Prince George's, dis-
qualifies me from holding a seat in this con-
vention, [State's attorney.] But thinking
myself legally elected and entitled to hold
my seat, I desire to do so until this conven-
tion closes, and shall therefore vote " aye."
Mr. SANDS said: I should prefer to be ex-
cused from voting upon this question; but
the experiment made by several gentlemen
convinces me that my application for release
from voting would be ineffectual. I am
happy however to Bay that I have not a bit of |
