which prescribes the qualifications, so far as
the section designates them. And when the
State of Maryland puts a limitation upon the
qualifications of senators from its State, it
seems to me the Senate of the United State
would look not only to this clause of the
Constitution of the United States, but would
go behind it, would come to the State and
ask if the senator who came from the State
was legally elected according to the consti-
tution and laws of the State, as well as the
Constitution of the United States. And if
he was not chosen according to the constitu-
tion and laws of the State, it seems to me
that the Senate of the United States would
regard that fact, I think that in the spirit
of abiding by the law, whether State law or
not, they would regard that fact. And, there
fore, the adoption of the amendment of the
gentleman from Prince George's would ope-
rate practically—just as the division of the
State heretofore into senatorial districts—to
accomplish the very object which he desires
to accomplish.
And in the humble view I take of the mat-
ter, I do not see that by adopting this propo-
sition we place ourselves in the position of
disregarding our oaths to support the Con-
stitution of the United States. There is no
word of prohibition in the Constitution of
the United States against our taking this ac-
tion. I know it has been said by the gentle-
man from Kent (Mr. Chambers) that expressio
mini is the exclusion of the other. But this
is not an expression which excludes the power
of the State to act in this respect. Therefore
I think it is competent for us to incorporate
such a provision as this in our Constitution.
Mr. DANIEL. I desire to say a word or
two in reply to the gentleman from Calvert
(Mr. Briscoe.) He has read the provision of;
the Constitution of the United States, con-
cerning the qualifications of senators, and the
provision declaring that each house of Con-
gress shall be the judge of the election and
qualifications of its own members, as if there
could be no doubt about the construction for
which he contends. Now, I desire to read a
further provision from the Constitution of the
United States, as follows:
"The times, places and manner of holding
elections for senators and representatives shall
be prescribed in each State by the legislature
thereof; but the Congress may at any time
by law, make or alter such regulations, ex-
cept as to the place of choosing senators "
That shows exactly what the Legislature
may do, and may not do; it can fix the place,
time and manner of holding elections, and
that is all. And even that may be changed
and regulated by Congress, except only as to
the mere place of choosing senators, it seems
to me, therefore, that there can be no doubt
upon that point.
Mr. CHAMBERS. I, had intended to say
what has been said by the gentleman from |
Baltimore city (Mr. Daniel, ) quite as well as
I could have said it. I will add one remark.
The gentleman from Calvert (Mr. Briscoe)
supposes that Congress would courteously
defer to the law of the State. I have already-
referred to the case of a member of Congress
elected for Baltimore city. The district
from which the candidate was to be taken
was prescribed by a law of the State, not by
a law of Congress. That law of the State
prescribed a particular district to Baltimore
city. The gentleman residing in the district
received the fewer votes; the one residing out
of the city received the majority of votes. The
law of the State was considered as no sort of
impediment in the way of his taking his seat ;
Congress admitting him to the seat upon the
ground that the Legislature of the State had
no right to meddle with the matter at all.
It is a mistake, therefore, to assume that Con-
gress would regard any legislative provision
on our part enlarging the restrictions im-
posed by the Constitution of the United
States.
Mr. CUSHING. The third section of article
one of the Constitution of the United States
says:
''No person shall be a senator who shall
not have attained to the age of thirty years,
and been nine years a citizen of the United
States, and who shall not, when elected, be
an inhabitant of that State for which he shall
be chosen."
That, by necessary implication, so direct
that it cannot be denied, gives the privilege
to every American citizen who comes within
the terms of that provision to be eligible to
the Senate of the United States. The
question then rests upon the simple point,
whether the Constitution of Maryland can
deprive a citizen of the United States of any
of his rights under the Constitution of the
United States. Every citizen who shall have
been a resident of the State of Maryland for
nine years, and who shall be thirty years of
of age, is by the Constitution of the United
States declared to be eligible to the Senate of
the United States. Can we, by our Consti-
tution, deprive the citizens and residents of
Maryland of one of their rights under the
Constitution of the United States? I think,
if the gentleman from Prince George's
( Mr. Clarke. ) intends to maintain that we
can do that, we shall present the peculiar
anomaly of the framers of a State Consti-
tution undertaking to deprive the people we
represent of privileges given to them by the
Constitution of the United States. Congress
never would pay any attention to it, and it
would, I think, place this body in the absurd
position of attempting, by its action, to in-
terfere with rights of citizens of the United
States.
Mr. CLARKE. I modify my amendment
so that it will be as follows: Strike out all
after the word "delegate" where it first |
