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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 778   View pdf image (33K)
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Mr. DENT The Legislature might make
some other city.
Mr. STIRLING. I suppose the word "city"
might not he necessary anywhere. It might
so happen that some city may become so pop-
ulous as to make it necessary to erect it in a
new county.
Mr. RIDGELY. Where do the Legislature
get any such power?
Mr. STIRLING. They have exercised the
Mr. RIDGELY. The Legislature never has
done it. The Constitution has made the new
counties—Howard, Carroll, &c.
Mr. MILLER. If it is the sense of the Con-
vention that the word " city" should remain
in the section, then in order to make it uni-
form I move to insert the words "or city'
after the word " county" in the clause which
now reads—" and if not, then in the county
from which, in whole or in part, the same
May have been formed."
The question being taken upon the motion
of Mr. MILLER, it was not agreed to, upon a
division, ayes 22, noes 26.
Mr. MILLER. I move now to strike out the
words "or city" in the sentence which now
reads—"if such county or city shall have
been so long established."
The motion was not agreed to,
No further amendment was offered to the
seventh section.
Section eight was then read as follows:
"No member of Congress, or person hold-
ing any civil of military office under the
United States, shall be eligible as a senator
or delegate; and if any person shall, after
his election as a senator or delegate, be elect-
ed to Congress, or be appointed to any office,
civil or military under the Government of
the United State's, his acceptance thereof shall
vacate his seat."
Mr. CLARKE. I believe section eight of this
report agrees with the section as it stands in
the present Constitution. But I move to
amend this section by striking out all after
the word "delegate" where it first occurs,
and inserting the following :
"And no person shall, after his election
and qualification as a senator or delegate,
and during his term of office, be elected to
Congress, or accept any office civil or milita-
ry under the Government of the United
In proposing this change, it is not with
the idea that we have any right to prescribe
the qualifications of members of Congress or
to prescribe to the General Government whom
they shall appoint. The first portion of this
section provides that—" No member of Con-
gress, or person holding any civil or military
office under the United States, shall be eligi-
ble as a senator or delegate." Suppose the
people elect a person to represent them as a
senator or delegate. The amendment I pro-
pose provides that after his election and qual-
ification he shall not be elected to Congress,
and shall not accept any office under the
Federal Government.
Mr. STIRLING. How will yon enforce it?
Mr. CLARKE. The gentleman inquires bow
this provision can be executed. When a
inember elect qualifies, he swears to support
the Constitution of Maryland; and he is
thereby by his oath at once prevented from
accepting any federal office. In that way
the State will secure the services of the indi-
vidual who has been elected as senator or
delegate. That is the way in which the
amendment will become operative Now I
will state the reason for the amendment:
The first clause of this section shows clear-
ly that when a person is a member of Con-
gress, or holds any office under the United
States, the State does not desire to take him
from the discharge of that duty to serve in
the State Legislature assenator or delegate.
Now I say the same rule ought to hold good
in reference to the officers of the State. What
is more common than this; that gentlemen
who aspire to places in the Senate of the
United States seek seats in the House of Dele-
gates or in the other body, as a high road to
an election to the United States Senate, if
such an election is coining off. For several
years past there has not been a senator elect-
ed to the Senate of the United States who
has not been chosen from one House of the
Legislature or the other,
I offer this amendment to obviate that dif-
ficulty. Those gentlemen do not come to the
Legislature, when a senatorial election is to
come off, for the purpose of discharging their
duties in the Legislature with a view solely
to subserve the interests of the State, but
they come here with a view to electioneer
among members, profiting in that respect by
the opportunites they have over other gen-
tlemen in the State—by little acts of courtesy
here, and little acts of courtesy there, by the
influence of their presence upon the spot;
though I, will not say by anything which
gentlemen should not stoop to do; we all have
heard, however, those charges abroad in the
community. Now I desire to free the halls
of legislation from all such scenes as those.
We sometimes have three or four aspirants
to the United States Senate upon this floor
and upon the floor of the other house. I have
seen here, as others have seen, this member
directing his course here with that view, and
so with other members. All the time there
was a game going on, looking solely to the
senatorial election. Now, when a man is
elected to either branch of the Legislature, I
want to have him come here with a view of
serving the State, with no other or higher
consideration to affect his course. I do not
say it would affect his course knowingly to
him, or that he would not be governed by
regard for the interests of the State, But I
want to remove this temptation from him,

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 778   View pdf image (33K)
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