called. Is not the Governor of the State au-
thorized to call an election in less than two
years from the time of the last election ?
Mr. CLARKE. Certainly; but after the
term of service has expired then there is a
vacancy, just as if the member has resigned
his seat.
Mr. STIRLING. Does not Maryland stand
almost alone in electing members of Congress
at so late a day ?
Mr. CLARKE. Yes, sir; but they elect at in-
tervals of two years. I do not know when other
States made their change. But the change
can be made in this State by the Legislature
so as to gradually bring the time to the same
as in other States. The coming Legisla-
ture can provide for holding the election at
any time, if an interval of two years is al-
lowed to take place.
But this provision brings about annual
elections of members of Congress; and that
is done by the action of this Constitutional
Convention.
In reply to my objection that the Legisla-
ture only had the power to fix the day of
election of members of Congress, the gentle-
man from Baltimore city (Mr. Stirling) says
that this provision brings the day of election
on the same day on which it would take place
if there was no such clause in the Constitu-
tion. But when we come to look at the sub-
ject we find that there-is a change; that the
election of members of Congress will not take
place at the time when it would take place as
regulated by the Legislature.
Furthermore, I refer to that provision of
the Constitution of the United States, which
says that members of Congress shall be elected
every two years. We bad an election for
members of Congress last fall. Now, it will
be a violation of the Constitution of the
United States for us to provide here for an
election next fall.
Mr. RIDGELY. The Constitution of the
United States says—" every second year,"
Mr. CLARKE. You had an election last
year. Now, I contend that this entire year
must pass before you can hold another elec-
tion for members of Congress. You might
provide for an election in January, February,
or March, or any other time. Now, I think
the provision of the Constitution of the
United States is very clear, that the election
must take place every second year—that an
entire year must intervene. I do not pre-
tend to raise the question here, because it will
be raised before other bodies. If we under-
take to adopt this provision, and make this
change in the time of electing our members
of Congress, when they go to take their seats,
they may find that they have been elected
under regulations prescribed by our State
Constitution, and not under the regulations
prescribed by the Legislature in accordance
with the Constitution of the United States.
And they may furthermore find that they |
have been elected not at an election held the
second year, but at an annual election. Now,
I do not raise the question here as to whether
they would be entitled to hold their seats, for
that will be raised by the body in which they
will claim a right to take seats.
Mr. STOCKBRIDGE. May I ask the gentle-
man whether more than two full years will
not have elapsed on the 8th of November
next since the last election was held?
Mr. CLARKE. I think not. We have never
elected members of Congress until November.
I should like to see how the gentleman will
prove it.
The PRESIDENT. It is the difference be-
tween the first Wednesday and the first Tues
day after the first Monday, I suppose.
Mr. CLARKE. I have not gone through the
calculation. I understand that the years go
from election to election. The first Wednes-
day from the first Tuesday after the first Mon-
day amounts, I suppose, to full 365 days. If
it were less than 365 days it would not be a
year.
Mr. STOCKBRIDGE. The law provides that
the election of representatives to Congress,
shall be on the same day as the election of
members of the General Assembly. The
Constitution provides that the election of
delegates shall take place on the first Wednes-
day of November. This year the first Tues-
day after the first Monday in November comes
on the 8th; and the first Wednesday can
never be so late in the month as the 8th.
Mr. CLARKE. No, sir; I think it cannot.
But this is only in relation to one branch of
my argument. When we turn to the code,
we find that the Constitution has changed the
period of the election of members of the
General Assembly; and the Constitution un-
dertakes therefore to change the day of the
election of members of Congress. I would
like to know why this is done. Will gentle-
men give us some valid reason for it? There
is a clear provision in the Constitution that
the Legislature shall fix the time. Why are
we to violate the provision of the Constitu-
tion of the United States? Why are we to
assume a power not given us, but expressly
prohibited us by the Constitution of the
United States? We have been told here over
and over again of our duty to the Constitu-
tion of the United States, and that our para-
mount allegiance is due to the Federal Gov-
ernment,
Mr. STIRLING. I think I can save the gen-
tleman some trouble with regard to this ar-
gument. I have beard no one claim that this
Convention has any power to fix the time.
Mr. CLARKE, Why then is this put in?
Mr. STIRLING. I claim distinctly that the
Legislature in the exercise of its power has
named no specific day; but has said that the
election shall take place on that day on which
by the Constitution of the State the election
of delegates takes place. This body have |
