clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 1730   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

1868.] OF THE SENATE. 319

and encouragement to persons engaged in armed hostility
against the United States, and is therefore not entitled to
take the oath of office as a Senator of the United States for
the State of Maryland, or to hold a seat as such Senator."

AND WHEREAS, in a matter of so great importance, it is due
to ourselves and our posterity, that the dignity and consti-
tutional rights of this State should be vindicated by a righ-
teous and manly protest against wrong and encroachment,
and against all unauthorized denial of our just representation
in the General Congress of the States ; therefore, be it

Resolved by the General assembly of Maryland, That the
action of the Senate of the United States in excluding the
Hon. Philip F. Thomas, a Senator from this State, from his
seat in the Senate, is a violation of the Constitution of the
United States, and derogatory to the dignity of this State
and its just rights of representation; for these, amongst
other reasons:

That it is manifest by the resolution of the Senate, that no .
question arose of the regularity of his election or the retarns
thereof; but the cause of his exclusion is confined to his
qualifications as a Senator.

That while the Constitution of the United States delegates
to the Senate the power to judge of the qualifications of its

own members, those qualifications are by express limitation
and delegation of the Constitution, restricted to their "hav-
ing attained the age of thirty years, having been nine years
citizens of the United States, and when elected, inhabitants
of the States from which they are chosen."

" That the powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people."

That any other qualifications of a Senator, not enumerated
in the Constitution, are reserved to "the judgment of the
States respectively, or to the people," and the power to
judge thereof is not delegated to the United States.

That the disqualification alleged against the Senator of
Maryland, is one not recognized or enumerated in the Con-
stitution of the United States.

That the Senate of the United States, by its resolution ex-
cluding the Senator of Maryland, have adjudged him guilty
of a high crime, "without the presentment or endictment of
a grand jury or a trial by jury, and without due process of
law," and it has removed him from "a civil office without
impeachment or conviction of any high crime or misde-
meanor," in manifest violation of the powers limited and
delegated to it by the Constitution of the United States.


  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 1730   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives