794 JOURNAL OF PROCEEDINGS [March 7,
Jones, of Talbot,
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McCoy,
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Barnard,
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Dennis, of Som.,
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Straughn,
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Beall,
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Stanford,
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Goldsborough,
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Roop,
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Keene,
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Krafft,
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Gorsuch.
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Wilson, of Cecil,
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Booze,
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Mills,
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Maxwell,
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Seth,
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Turner, How.--52.
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Negative.
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Mr. Landing—1.
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The said bill was then sent to the Senate.
Mr. Freaner made the following communication :
Annapolis, March 7, 1860.
The Honorable, the Speaker of the
House of Delegates of Maryland:
Sir:—My attention has been called this morning to the
fact that I do not hold my seat constitutionally as a member
of this House. I returned to Maryland after a short residence
in California, in the month of December, 1856. I was elected
a member of this House in November, 1859, so that I am
short, by a few weeks, of such a residence in the State of Ma-
ryland, as the Constitution requires. The Constitution, sec.
9, art. 3, says: "No person shall be eligible as a Senator or
delegate who, at the time of his election, is not a citizen of
the United States, and who has not resided at least three
years next preceding the day of his election in this State,"
&c. I was not aware of this disqualification at the time of
my nomination or election, nor was I aware of it until this
morning. One of my colleagues (Mr. Stake) did me the fa-
vor to call my attention to it. Being satisfied that I labor
under this disqualification, and having no desire to hold a
seat to which I am not entitled, I herewith tender my resig-
nation as a member of this House. GEO. FREANER.
Which was read and concurred in.
Mr. Gordon offered the following order :
Ordered, That Geo. W. Freaner be allowed the same pay
for the full session of this House as all other members, and
that he be on the same footing as any other member, as to
pay;
Which was adopted.
The Speaker laid before the House the report of the com-
mittee on Engrossed Bills, being bills engrossed from No. 37
to No. 108, both inclusive ;"
Which was adopted.
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