56                The Maryland Constitution of 1851.            [434

Senate of the United States for determination as to the
constitutionality of the law. Several members of the con-
vention held the opinion that the State of Maryland had
entire control over the whole subject of the election of
United States senators, except so far as limited by the
Federal Constitution, which provides that the election of
United States senators shall be by the state legislatures.⁶⁴

Other members of the convention contended that dis-
tricting the State into senatorial districts would be a vio-
lation of the Federal Constitution by adding other qualifi-
cations for United States senators than that provided for
by the Constitution of the United States. They argued
that if the legislature could restrict the selection of United
States senators to a district, it could equally restrict the
selection to a certain county, or city, and as a logical de-
duction the legislature had the authority to restrict the
selection of senators to a certain party, or class.

Mr. Bowie, of Prince George's county, moved an amend-
ment to the 24th section of the legislative report, making
it obligatory upon the General Assembly to lay off six
United States senatorial districts. Mr. Bowie said that
it was of great importance to the agricultural portions oi
the State that they should be represented in the Senate of
the United States, and should not always be overruled by
the commercial interest. In the Senate of the United
States, above all places, could agriculture be fostered and
protected.⁵⁵

Another able defender of the proposition for district-
ing the State for United States senators was found in Mr.
T. H. Hicks: "a feeble representative of the Eastern
Shore " as he called himself. Mr. Hicks said he did not
profess to be versed in the law; but he did profess to have
some common sense, and to understand to some extent
the rights of the people of Maryland. " Were the people
of the Eastern Shore," he asked, " to be retained as men

⁵⁴ U. S. Constitution, art. i, sec. 3.       ⁵⁵ Debates, vol. ii, p. 259.