this report, this matter was fully considered.
It was admitted and believed that the clause
there was really unnecessary, excepting as
removing all doubt at all about the meaning
and application of the act of assembly, or
the Code. I think, myself, that it is super-
fluous. I think if it were stricken out, it
would not at all impair what it already sets
forth, in prescribing the day; for that day is
certainly fixed by the Legislature unless the
Legislature ait some subsequent session choses
to alter it. I mean that I think it is only
important, if important at all, as declaratory
of the time at which the next congressional
election shall take place, if it be in any re
spect an assumption of authority, if it can be
construed to) be an assumption of authority
that is not resident in this body, of course it
is a mere nullity. If it interferes at all with
the provision of the Constitution of the United
State?, of course it is a mere nullity. It can
do no barm where it stands, and may do
some good on the assumption that the Legis-
lature does not mean to change the day it
has already fixed. For my own .part, if it
should be retained, I should like to have the
amendment adopted which my colleague (Mr.
Cunningham) was about to offer, stating that
that should be the day, unless some other
day for this congressional election should be
prescribed by the General Assembly. But I
attach no importance to it at all, and should
be quite satisfied to see it stricken out en-
tirety.
Mr. STIRLING. I intend to vote to strike out
this portion of the report; and this is my rea-
son for it. As I said before, I admit that this
Constitution has no light to fix the day, and
the only object in placing it there was to
make a declaratory statement of what is
the existing law. At the time I looked at
it in committee I was not aware of the
exact language of the Constitution of the
United States. I think it is unnecessary for
the reason that I hold it to be clear that if
this Convention changes the day of the elec-
tion of the members of the General Assem-
bly, and fixes it for next fall, the Legislature
of this State has already decided that the
election of members of Congress shall take
place on that day. The moment this Con-
stitution goes into effect, the election of mem-
bers of Congress necessarily takes place next
tall under the existing laws, and there will
be one then held beyond all possible doubt,
Mr. DANIEL. The point put so pertinently
by the gentleman from Kent (Mr. Chambers)
has convinced me that this portion ought to
be stricken out. Believing as I do that this
power is especially granted to the Legisla-
ture, I think this Convention has no right to
fix the day; and I believe that is conceded
by all. The question then comes to us—
Shall we assume a power to meet an incon-
venience? Believing that we have no such
right, I shall vote to strike out this portion
of the section. |
The amendment to strikeout the last clause
of the third section was agreed to.
Mr. ABBOTT moved to amend section 3, by-
adding :
"The Legislature shall fix the time for
electing representatives from this State in the
Congress of the United States."
Mr. THOMAS, I am opposed to that for the
reason that the Constitution of the United
States prescribes that the Legislature shall do
that.
Mr. CHAMBERS. I rise to make the same
objection. We have no right to give them
any instructions.
Mr. PETER. We may have the power to
require them to fix the day, although we have
no power to fix it.
Mr. ABBOTT. It will do no harm to put
that in, and I think it may do good to in-
struct the Legislature what we expect them
to do.
The amendment was rejected.
Mr. THOMAS moved to strike out " in every
second year" and insert "annually," so as
to provide for annual elections.
Mr. BELT. Is that amendment resigned to
raise the question as to the expediency of an-
nual instead of biennial sessions?
Mr. THOMAS. That is the purpose.
Mr. BELT. Then I shall take pleasure in
supporting the amendment.
Mr. STOCKBRIDGE. It docs not at all fol-
low, if we have annual sessions, that the
elections must be biennial; and that matter
is expressly raised in the fifth section which
provides that the Legislature shall meet every
second year. For my own part, if it is decided
that the sessions shall be annual, I shall be in
favor of biennial elections. I think the ex-
perience of one session will be of some advan-
tage to the persons who have acted during
that session; and they will come at the next
session better prepared to do the work re-
quired of them.
Mr. THOMAS. I think so myself; and I
will withdraw the amendment and offer it
when the fifth section comes up.
Mr. BELT. I renew the amendment. I am
not only in favor of annual sessions of the
Legislature, but in favor of the annual elec-
tion of the members When mine comes
here to represent me, I want him to have my
last words. I want to be immediately repre-
sented, and not by a Legislature which will
sit for two or three years.
Mr. STIRLING. The second section pro-
vides that members of the House of Delegates
shall serve for two years. This amendment
directly contradicts that. I raise the point
of order, whether it will not be necessary first
to reconsider the second section.
The PRESIDENT. Of course, if this is adopted •
the House will have to reconsider that sec-
tion.
Mr. BELT. If the House adopts my amend- |
