Tuesday next after the first Monday of the
month of November, 1864,"
There may be a little infelicity in that
phraseology; but it is the precise phraseology
of the act of Congress of 1845, in reference
to the appointment of electors for President
and Vice-President of the United States. This
perhaps is as good a year to illustrate the mat-
ter as we shall ever have. The Tuesday next
after the first Monday, is, of course, not
necessarily the first Tuesday in the month.
It so happens that this year Tuesday is the
first day of November; and the Tuesday next
after the first Monday in November is the
eighth day of the month. Therefore, if the
section reported by the committee beadopted,
we should have an election for State officer's
and senators and delegates upon the first
"Wednesday of November, being the second
day of the month; and then within less than
a week, on the following Tuesday, we should
have an election for presidential electors. I
therefore move to strike out the words ''first
Wednesday," and insert the words, " Tues-
day next after the first Monday of the month."
That will bring the elections for State and
national officers on the same day.
The question being then taken, the amend-
ment of Mr. STOCKBRIDGE was agreed to.
Mr. CLARKE. I move to further amend this
section by striking out the last clause, being
the following words:
"And the election for representatives from
this State in the Congress of the United
States shall take place on the same day."
My attention has been called to this subject
simply upon the reading of the section this
morning. I will submit what views I have
formed thus hastily in reference to this pro-
vision of this section. It now reads—"The
election for representatives from this State in
the Congress of the United States shall take
place on the same day." The first clause of
section four, article one, of the Constitution
of the United States provides—
" The times, places, and manner of hold-
ing elections for senators and representatives;
ahull be prescribed in each State by the Legis-
lature thereof."
My first objection to the proposed provision
I'll our Constitution is that it is transcending
our power under the Constitution of the
United States. We have taken an oath to
support the Constitution of the United States
One of the most express and clear provisions
of that Constitution is that the Legislature
shall fix the time for electing senators and
representatives in Congress. The naming
the Legislature of the State is, of course, an
exclusion of the Constitutional Convention, or
any other body in the State, other than the
Legislature, undertaking to fix the day of
election. That proposition appears to be too
clear for argument. We are, by this provi
sion, undertaking to violate the Constitution
of the United States, and to assume a power |
which the Constitution of the United States
in direct terms gives to another authority in
the State. And I might say further that the
expression of this power in one body operates
to the exclusion of the power to all other
bodies. When gentlemen undertake to form
a Constitution for the State, and deal with high
questions of constitutional law, it will not do
to say that it makes no difference in changing
the time. We are here to act as men who
know our rights under the Constitution, and
our obligations, too. We are here called
upon to assume a power which the Constitu-
tion of the United States does not give us.
And I oppose this provision upon the ground
that it would be a violation of the Constitu-
tion of the United States, and an assumption
upon the part of this Convention of a power
which it has no right to exercise.
It is replied that the provision of the code
brings the day of electing members of Con-
gress upon the same day that is fixed by this
provision. And hence we do not change the
time; we do not at all violate our duties in
inserting this provision in our Constitution.
Section 76, of the code, on page 271, is as
follows:
"The election of representatives of this
State in the Congress of the United States,
shall be on the same day as the election for
members of the General Assembly of this
State, unless there should be aspecial meet-
ing of Congress called by the President of the
United States, to be holden previous to such
day, and after the expiration of the term of
service of said representatives; in which
event the Governor shall, by proclamation,
direct such election to be held on a day
therein named by him."
I turn now to the first clause of section
two, of article one, of the Constitution of tile
United States, which reaids as follows:
''The House of Representatives shall be
composed of members chosen every second
year by the people of the several States; and
the electors in each State shall have the quali-
fications requisite for electors of the most
numerous branch of the State Legislature."
Now, when was there an election in the
State of Maryland for members of Congress?
There was an election last fall, and the clause
of the Constitution of the United States which
I have just read provides that they shall be
chosen every second year. Now,if we un-
dertake in violation of the power we have
under the fourth section of the first article of
the Constitution of the United States, what
right is there under the Constitution of the
United States to elect members of Congress at
that time ?
Mr. STIRLING. I will put this question to
the gentleman: Suppose an election was held
as in this State last fall, for members of Con-
gress; and after the terms of those members
have expired, but not two years after the last
fall election, aspecial session of Congress is |
