the power to fix that day; and if that en-
forces a change in the day of electing mem-
bers of Congress, it is by the will of the Legis-
lature, and not of this Convention. I admit
that the provision is utterly nugatory in it-
self. It is simply put in for the purpose of
explaining what is the necessary effect of the
action of the Legislature.
Mr. CLARKE. If this is surplusage, put in
here for no purpose whatever, if it is in a
wrong place, an improper place, why not
strike it out? There must be some reason
behind, for putting it in.
Mr. CUSHING. I will give the gentleman a
reason; that it will prevent the Legislature
from changing the day which they have al-
ready fixed.
Mr. CLARKE. The Legislature have the
right to chance the day; for the Constitution
. of the United States says expressly that the
Legislature shall regulate this. They can re-
peal that law.
Mr. CUSHING. Not if this is adopted.
Mr. CLARKE. This shows that gentlemen
had, as I supposed, some object. I have no
doubt that they thought they had a right to
exercise that power. But if the gentleman is
correct, it is to my mind a reason for striking
this out. It is putting into our Constitution
something prohibited by the constitution of
the United States, and is therefore nugatory.
and should bestricken out. It is undertaking
to legislate in reference to the provisions of
this Code. So far as the Constitution comes
in conflict with the Code, it repeals it. Un
der the Constitution of the United States it
has not the power in this respect to repeal
the action of the Legislature. The Legisla-
ture having fixed the day upon which the
election shall be held, you cannot change
that day. What harm will it do to leave it
to the Legislature? We are to have a Legis-
lature this fall. If it is desirable that an
election should take place preceding the ex-
piration of the temp of office, the Legislature
can provide for it, and fix whatever time
they may think .proper. It is their constitu-
tional duty. If there should be avacancy, a
special session may becalled by the Gov-
ernor. We have no right to interfere with
the question,
Mr. CHAMBERS. I suppose there is hardly
any member of this body that desires to
usurp any power which the Constitution of
the United States has expressly and exclu-
sively granted to the Congress of the United
States. Now, the Constitution of the United
States expressly declares that the Congress of
the United States shall have power lo came
the day of election. Yet we are undertaking
here by our Constitution to say what shall be
the day. If this is not an express assump-
tion of the exclusive power of the General
Government, I defy any gentleman to name
an instance in which such assumption can be
made. If the Congress of the United States |
has delegated this power to the State Legis-
lature, this clause is one winch should not be
admitted. They may revoke that whenever
the' please; and what would be the condi-
tion of things then? The Congress of the
United States, by virtue of power secured to
them by the Constitution under which they
exist, would name one day: and the Consti-
tution of the State of Maryland, which we
are now making, would name another day
for the election of congressmen. Certainly
the clause in our Constitution would he a
mere idle effort to control a matter not within
our jurisdiction. If the Legislature, under
the grant of power which has been made to
them by the Congress of the United States,
in virtue of their authority under the Consti-
tution of the United States, should choose,
after the adoption of this Constitution, to
name another day, I say as a lawyer that this
Constitution does not prohibit the Legisla-
ture from doing it. We can confer no power
upon the Legislature in this respect. We can
lake no power from them which the Congress
of the United States may grant Any power
which they exercise on the subject, is derived,
not from the people of this State, or from the
Constitution, which is their express will—or
ought to be—for I believe this is very far
from it, so far as we are cone—but is derived
from the people of the United States through
the Constitution of the United States.
I think, therefore, the power not belong-
ing to us, that this is an idle attempt to en-
act a useless provision into this Constitution.
But it is not only useless. It may be mis-
chievous. I think gentlemen who propose to
keep it here, because it is a harmless, inof-
fensive provision, make a, mistake. There is
a certain contingency in which our Governor
is authorized to change this date, or the State
would be unrepresented. Will the Governor
of the State, with the Constitution staring
him in the face and declaring that the elec-
tion of congressmen shall be on the first
Tuesday after the first Monday of November,
dare to violate that Constitution by ordering
an election at any other day? I say that
under this provision he will violate the Con-
stitution, if he appoints any election on any
other day. He has no authority. The Con-
gress of the United States could say that the
Governor might fix the day. They have the
power, and they can delegate it. But their
delegate cannot delegate; or else the Gov-
ernor might appoint some individual in turn
to name some other day. The Congress of
the United States have named the Legisla-
ture, and no other person, no other body cor-
porate, no other individual I say, there-
fore, that the effect will be mischievous,
Now, then, I ask another question; and if
it cannot be answered satisfactorily, it is a
very sufficient reason for omitting this pro-
vision. I say it does no good on the face of the
earth, and if it is to have no practical effect, |
