Mr. CHAMBERS. I do not except anybody.
I am not carried away, as my friend is, with
an idea because it may affect some particular
friend. Never mind whom the principle
affects. Truth is eternal; it is immutable.
A principle which is sound to day will be
sound to-morrow under equal circumstances.
This idea of some danger which has been
supposed to have been the cause of this pro-
vision is quite a novel idea on the part of
the gentleman. I do not know where he got
it. No history of the State that I know of
justifies it. The reason for it was that the
interests of the people excluded this class.
The better class will not be here, and we do
not want the worst.
Mr. TODD. I do not rise for the purpose
of making a speech upon this question now
under consideration. Neither do I rise to
notice the personal reflections that have been
made,
The PRESIDENT. The gentleman is mis-
taken. The Chair will permit no personal
reflections, if the Chair had supposed for
one moment that there had been any per-
sonal reflection upon the gentleman from
Caroline, he would have protected him as
soon as anybody in the Convention.
Mr. CLARKE. There has been quite as
much reflection upon the lawyers.
Mr. TODD. I have only to say that,
whether there was any reflection intended or
not, even if there had been, I should not have
noticed it any further than I have.
The PRESIDENT. The gentleman from Caro-
line will perceive that it is rather a reflection
which he is making upon the President. It
is the duty of the President to preserve any
individual member from imputation. The
gentleman from Caroline is certainly not cor-
rect in imputing to the Chair any inclination
to permit any remarks disparaging to him or
to any other gentleman.
Mr. TODD. I disclaim any such intention.
I had intended to offer some remarks upon
this question. But believing that the Con-
vention is fully prepared to vote now, and
being desirous that this debate shall be
closed, so that we may proceed with our bu-
siness. I now move the previous question.
The motion for the previous question was
seconded, and the main question was or-
dered.
The question then recurred upon the mo-
tion of Mr. DANIEL to amend section nine by
striking out that portion disqualifying min-
isters of the gospel from holding seats in the
Legislature.
On this question Mr. CHAMBERS called for
the yeas and nays, which were ordered.
The question being then taken by yeas and
nays, it resulted—yeas 40, nays 10—as fol-
lows:
Yeas—Messrs. Abbolt, Annan, Baker, Car-
ter, Cunningham, Cushing, Daniel, Davis, of
Washington, Dellinger, Earle, Ecker, Gallo- |
way, Hatch, Hebb, Hoffman, Hopkins, Hop-
per, Jones, of Cecil, Keefer, McComas, Mulli-
kin, Murray, Noble, Nyman, Parker. Pugh,
Purnell, Russell, Schley, Scott, Smith, of
Carroll, Sneary, Stirling, Stockbridge,
Swope, Sykes, Todd, Valliant, Wickard,
Wooden—40.
Nays—Messrs. Goldsborough, President ;
Audoun, Belt, Brown, Chambers, Clarke,
Dent, Mitchell, Miller, Wilmer—10.
The amendment was accordingly adopted.
On motion of Mr. SCHLEY,
The words "except justices of the peace"
were inserted after the words "under this
State."
Mr. BELT. I do not see the necessity of
saying that these persons shall not he eligible.
Everything designed to accomplish by this
section will be accomplished by saying that
being elected they shall not hold those offices.
I see no reason why a person holding an
office of profit, or profit and trust, should not
be eligible as a senator or delegate, provided
after he is elected he resigns the other office.
Suppose a public exigency to arise, so that
the people of any county would like to have
the services of a man who is a judge or ful-
filling the duties of any other office, should
not he be eligible? Why should the people
be excluded from the benefit of having any
person as their representative, if after his
election be will resign the office which he
holds. Everything is accomplished if it is
so provided that a man shall not fill two
offices at one time. I move to amend by
adding:
"Unless after biselection as such senator
or delegate he shall resign his said office of
profit or profit and trust,"
Mr. MILLER, lam sorry to differ from my
friend from Prince George's (Mr Belt,) but I
shall vote against that amendment. What
was said yesterday in the debate upon the
eighth section by the gentleman from Kent
(Mr. Chambers) I think applies equally to
this. An amendment was offered to the
eighth section, providing that a person hold-
ing any civil or military office under the
United States shall not be permitted lo act as
senator or delegate. I think the argument
that was made then is conclusive upon the
question now. What this section attempts
to get rid of is the fact that a man holding
an office shall use his influence derived from
that office to secure his election to another
office. The difficulty which my friend from
Prince George's suggests, that an exigency
may arise in which it may be necessary that
a judge or some other person holding office
should become a member of the Legislature,
may be very easily obviated by the judge or
other person whom the people wish to send
to the Legislature resigning his office before
he becomes a candidate; not holding on to
his office and using his official position in
getting elected and taking the chances of re- |
