Mr. CHAMBERS. Does the gentleman mean
to say to us that not having one particle of
authority, in order to avoid an inconvenience,
we should assume the power of acting. I put
the question: Are we cot usurping the power
of the General Government? Will the gen-
tleman deny it?
Mr. STOCKBRIDGE, [in his seat.] I do
deny it.
Mr. CHAMBERS. We have taken the oath
to support the Constitution. We owe allegi-
ance to this Government, the best on earth,
worthy of all commendation, as I deem it to
be. Yet we are to usurp a power expressly
taken away from us, and without a pretence
of right. I think it is very likely that the
Legislature will be in session and provide for
this case. if so, there will be no difficulty at
all. But anything in preference to usurpa-
tion. I want an answer to the question:
Have we any authority to act upon the sub-
ject?
Mr. MILLER. I do not want to prolong the
discussion, but I wish to reply to the gentle-
man from Baltimore city (Mr. Stockbridge)
who places the argument entirely upon the
supposition that the Legislature of the State
will fail to carry out its obligations under
the Constitution of the United States.
Mr. STOCKBRIDGE, [in his seat.] Not at all.
Mr. MILLER. The Legislature of the State,
which will meet under this new Constitution
on the first Wednesday of January, 1865,
will be bound, if they regard the provisions
of the Constitution of the United States, to
fix a time at which members of Congress shall
be elected. In every form of government we
must repose trust and confidence somewhere.
We are not to act on the assumption that the
Legislature will fail to discharge its constitu-
tional duty. I think that is an answer to the
objection that at the next long session of Con-
gress Maryland will be unrepresented. If
the Legislature to be elected next fall does its
duty, the first thing it will do will be to pass
a law fixing the day on which members of
Congress shall be elected. This Constitution
comes in and changes entirely all existing
laws on the subject. It sweeps them away.
The Bill of Rights says that every law we
have adopted inconsistent with the provisions
of this Constitution, is null and void. We
come in here now and make an entire change
with regard to the period at which we have
been electing our Legislature annually under
the existing Constitution. We are to have
another election this fall. And the Legisla-
ture will make provision for the election of
members of Congress, if they discharge their
duty.
Mr. STOCKBRIDGE. The gentleman entirely
misapprehends my position. I did not as-
sume at all that the coming Legislature would
fail to discharge its duty. There is no duty
resting upon it with reference to this subject.
The time has already been fixed by the law |
of the State. Does the Constitution say that
every Legislature shall re-adjust that? Sup-
pose the Legislature in its wisdom prefer to
retain the day they have fixed, and do not
choose to modify it. They violate 'no obliga-
tion whatever. We are not authorized to
assume that they will make any change in
the day now fixed by the law.
Mr. THOMAS, I am opposed to the pro-
posed change in this section, for the reason
given by the gentleman from Prince George's
(Mr. Clarke) and the gentleman from Kent
(Mr. Chambers,) believing it to be a plain
violation of the Constitution of the United
States. To obviate the difficulty, I do not
see why we should have the first election for
senators and delegates under the new Con-
stitution next fall. Why not have that elec-
tion in November, 1865; and then we can
put in a provision that the Legislature shall
provide by law that the election of repre-
sentatives from this State in the Congress of
the United States shall be held on the same
day with the election of representatives and
senators for the General Assembly. That
will meet the views both of the gentleman
from Prince George's, and the gentlemen on
our side. Then put in a provision into the
Constitution that the senators and delegates
already elected shall continue in office until
next winter, and shall be convened in session
next winter, and continue in session as pro-
vided tor in the 6th section of this article. I
think that obviates the difficulties, and will
fix this matter just as it ought to be; and
when the proper time comes I will propose
an amendment to that effect.
As to the vacancy mentioned by my col-
league, by referring to the 4th clause of sec-
tion 2, article 1, of the Constitution of the
United States, we shall see that it provides :
. "When vacancies happen in the represen-
tation from any State, the executive authority
thereof shall issue writs of election to fill up
such vacancies."
The Constitution of the United States does
not provide how he shall make these requisi-
tions, or anything about it; but if the State
is unrepresented, it is provided that we may
have a representation.
Mr. CLARKE. I suppose that the majority
of the Convention may make such amend-
ments if they see fit; and being a member of
the Legislature, I do not know that it is
proper for me to make any suggestion in re-
gard to it; but I wish to say that I prefer
that the election of State officers should come
at a different period from the Presidential
election. It should be held on the odd years,
in 1865, &c., so that when we vote for State
officers we may vote for them upon State
issues solely, and not have the Presidency
swapped off for some minor office. I shall
therefore prefer the gentleman's proposition,
to make the State election next year.
Mr. SCHLEY. In the committee which made |
