adoption of that order, because I believe that
the Convention bill does prescribe the qualifi-
cations of members of this body, and that
the provisions of that bill, respecting the
qualifications, just as much as the provisions in
the 4th section, requiring the oath to be taken
by the members, or the provision of another
section, that the Constitution which we may
adopt shall be submitted to the people for
their ratification or rejection, are obligatory
upon this body. If we are to observe one of
these provisions, I want the whole of them
observed. It was for that purpose, and that
purpose only, that I introduced the order
yesterday.
The Convention bill does prescribe that
the parties entitled to seats upon this floor
shall have the same, qualifications as those
prescribed for seats in the present House of
Delegates. What are those qualifications?
Look at the bill and you will see that no per-
son shall be eligible as delegate, who, at the
time of his election, is not a citizen of the
United States. Suppose an unnaturalized
foreigner had been elected to a seat in this
body.
Mr. HEBB railed the question of order.
Mr. MILLER. I say that I am in favor of
the adoption of the order because the Con-
vention bill itself raises the question of parties
entitled to seats in this body, and it is a
question of organization. If there is to be any
report at all to this body from the Committee
on Elections, it is necessary that this order
should be passed. There is a necessity for
the adoption of the order because there is a
difference of opinion among members of this
Convention in regard to the question,
whether the Convention bill does prescribe
qualifications or not, and I am going on to
show that it does prescribe qualifications, if
I can be allowed to do so under the rule.
The PRESIDENT. It will not be in order,
the point having been raised by the gentle-
man from Baltimore city (Mr. Stockbridge.)
Mr. MILLER. Then I will forbear to make
any remarks until the report of the committee
comes in. I think enough has been said to
show the necessity for the adoption of an
order like this.
Mr. STIRLING. If the Convention bill has
no power to disqualify anybody from this
floor then we are all duly elected. I am not
willing to declare any man disqualified who
has been sent lo this Convention by the
people. I say distinctly, as a matter of fact,
that the Convention bill was understood by
everybody in the Legislature, when it was
passed to exclude these things. I have an
amendment to offer to strike out all after
" ordered" and to insert, " that all members
holding seats here are hereby declared duly
elected," and I demand the previous question
upon that order.
Mr. CHAMBERS. I object to that as being
utterly inconsistent with the subject of the |
order, and not within the scope of a legiti-
mate amendment.
The PRESIDENT sustained the point of order,
and overruled the amendment.
Mr. STOCKBRIDGE. I now move the previous
question upon the order.
The previous question was sustained.
Mr. MILLER demanded the yeas and nays
upon the order, and they were ordered.
The question being taken, the result was—
yeas 47, nays 15—as follows :
Yeas—Messrs. Goldsborough, President ;
Annan, Audoun, Barron, Belt, Bond, Bris-
coe, Brooks, Carter, Chambers, Clarke, Cun-
ningham, Daniel, Davis, of Washington,
Dent, Earle, Edelen, Galloway, Hatch, Hoff-
man, Hollyday, Hopkins, Hopper, Horsey,
Jones, of Cecil, Keefer, Lansdale, McComas,
Miller, Morgan, Murray, Noble, Nyman, Par-
ker. Peter, Purnell, Ridgely, Russell, Scott,
Smith, of Carroll, Smith, of Dorchester,
Sneary, Swope, Thomas, Todd, Wickard,
Wilmer—47.
Nays—Messrs. Abbott, Baker, Cushing,
Dellinger. Ecker, Hebb, Larsh, Mullikin,
Pugh, Schley, Schlosser, Stirling, Stock-
bridge, Sykes. Wooden—15.
As their names were called,
Mr. BELT said: I vote for the order be-
cause I am one of those to be affected by any
report of the Committee on Elections. I
trust, the House will remember that those of
us who are affected by it, seven or eight in
number, are anxious that this matter should
be acted upon, because we do not wish to
maintain our position here unless we are en-
titled to it. I vote "aye."
Mr. PUGH said: It has not been customary
bare to ask committees to report. If one is
asked, I think we may as well ask two or
three other committees. I therefore vote
" no."
Mr. SCHLEY said: Presuming that the com-
mittee have sufficient reasons for their delay,
I am not disposed to put an imputation upon
them by voting for this order; and I there-
fore vote "no."
Mr. STOCKBRIDGE said: I regard this order
an imputation upon the fidelity of the com-
mittee, and 1. have seen nothing whatever in
their conduct to call for a vote of censure
from this body, I therefore vote "no."
Mr. THOMAS said: I would not at any time
vote to censure a committee, and I should
vote "no "'on this occasion, were it not that,
like my friend from Prince George's (Mr.
Belt,) I am one of the unfortunate indi-
viduals referred to by this order; and I feel
a delicacy about the matter. I ask: to be ex-
cused from voting.
Nut being excused, Mr. THOMAS voted
"aye."
So the order was agreed to.
Mr. CUSHING submitted the following or-
der:
Ordered, That the Committee on Elec- |
