the power to fix that day; and if that en- has delegated this power to the State Legisforces a change in the day of electing mem-lature, this clause is one which should not be bers of Congress, it is by the will of the Legis lature, and not of this Convention. I admit that the provision is utterly nugatory in itself. It is simply put in for the purpose of explaining what is the necessary effect of the action of the Legislature. Mr. CLARKE. If this is surplusage, put in here for no purpose whatever, if it is in a wrong place, an improper place, why not strike it out? There must be some reason behind, for putting it in. Mr. CUSHING. I will give the gentleman a reason; that it will prevent the Legislature from changing the day which they have already fixed. Mr. CLARKE. The Legislature have the right to change the day; for the Constitution of the United States says expressly that the Legislature shall regulate this. They can repeal that law. Mr. CUSHING. Not if this is adopted. Mr. CLARKE. This shows that gentlemen had, as I supposed, some object. I have no doubt that they thought they had a right to exercise that power. But if the gentlem in is correct, it is to my mind a reason for striking this out. It is putting into our Constitution something prohibited by the Constitution of the United States, and is therefore nugatory, and should be stricken out. It is undertaking to legislate in reference to the provisions of this Code. So far as the Constitution comes in conflict with the Code, it repeals it. Un der the Constitution of the United States it has not the power in this respect to repeal the action of the Legislature. The Legislature having fixed the day upon which the election shall be held, you cannot change that day. What harm will it do to leve it to the Legislature? We are to have a Legislature this fall. If it is desirable that an election should take place preceding the expiration of the term of office, the Legislature can provide for it, and fix whatever time they may think proper. It is their constitutional duty. If there should be a vacancy, a special session may be called by the Governor. We have no right to interfere with the question. Mr. CHAMBERS. I suppose there is hardly any member of this body that desires to usurp any power which the Constitution of the United States has expressly and exclusively granted to the Congress of the United States. Now, the Constitution of the United States expressly declares that the Congress of the United States shall have power to name the day of election. Yet we are undertaking here by our Constitution to say what shall be the day. If this is not an express assumption of the exclusive power of the General Government, I defy any gentleman to name an instance in which such assumption can be made. If the Congress of the United States admitted. They may revoke that whenever the please; and what would be the condition of things then? The Congress of the United States, by virtue of power secured to them by the Constitution under which they exist, would name one day: and the Constitution of the State of Maryland, which we are now making, would name another day for the election of congressmen. Certainly the clause in our Constitution would be a mere idle effort to control a matter not within our jurisdiction. If the Legislature, under the grant of power which has been made to them by the Congress of the United States, in virtue of their authority under the Constitution of the United States, should choose, after the adoption of this Constitution, to name another day, I say as a lawyer that this Constitution does not prohibit the Legisla ture from doing it. We can confer no power upon the Legislature in this respect. We can take no power from them which the Congress of the United States may grant Any power which they exercise on the subject, is derived, not from the people of this State, or from the Constitution, which is their express will-or ought to be-for I believe this is very far from it, so far as we are gone-but is derived from the people of the United States through the Constitution of the United States. I think, therefore, the power not belonging to us, that this is an ille attempt to enact a useless provision into this Constitution. But it is not only useless. It may be mischievous. I think gentlemen who propose to keep it here, because it is a harmless, inoffensive provision, make a mistake. There is a certain contingency in which our Governor is authorized to change this date, or the State would be unrepresented. Will the Governor of the State, with the Constitution staring him in the face and declaring that the election of congressmen shall be on the first Tuesday after the first Monday of November, dare to violate that Constitution by ordering an election at any other day? I say that under this provision he will violate the Constitution, if he appoints any election on any other day. He has no authority. The Congress of the United States could say that the Governor might fix the day. They have the power, and they can delegate it. But their delegate cannot de'egate; or else the Governor might appoint some individual in turn to name some other day. The Congress of the Un ted States have named the Legislature, and no other person, no other body corporate, no other individual. I say, therefore, that the effect will be mischievous. Now, then, I ask another question; and if it cannot be answered satisfactorily, it is a very sufficient reason for omitting this provision. I say it does no good on the face of the earth, and if it is to have no practical effect, why put it in here? I have no responsibility about this matter, but as a member of this body; but I am unwilling to see placed in here anything which would rather indicate a want of information on our part as to our power. My opinion is that it ought to be omitted. Mr. ABBOTT moved to amend by striking out all after "thereafter," and inserting: "The Legislature shall fix the time for electing representatives from this State in the Congress of the United States." Mr. MILLER. I am in favor of that; but would rather not have it put in at all. There is no necessity for it; for the Legi-lature derives its power from the Constitution of the United States, and not from this body. There can be no doubt about that. This article declares that the first election of senators and delegates shall take place on the Tuesday succeeding the first Monday in November next. I ask gentlemen under what authority that election takes place? Is it not plain that that election is held solely by virtue of this Constitution, and not by virtue of any existing law of the State? If it is, the election that is then held is held under this Constitution, and not under any law of the State. If upon that same day, representatives to Congress should be e'ected, they are elected at an election held under the new Constitution of the State, and not by virtue of any existing statute law of the State. The Constitution of the United States is too plain to quibble about. It provides that t' e Legislature, and the Legislature alone, shall fix the time when congressmen shall be elected. And this election in November next must be by virtue of this Constitution, and not by virtue of any existing law of the State. The PRESIDENT. Does the gentleman from Prince George's (Mr. Clarke) accept the amendment. Mr. CLARKE. No, sir. The amendment of Mr. ABBOTT was ruled out of order. Mr. CLARKE. In the hurry of the moment, when gentlemen referred to clause 1st of section 2, of article 1 of the Constitution of the United States, that members of the House of Representatives should be chosen every second year by the people, I did not remark the dates. But I still say that under this provision there will not be an election every second year at all. Last fall it was Noveniber 1st, and so soon as you commence another year, you have another election. That makes the election the succeeding year, and not every second year. The law does not regard fractions of a year. You must go en tirely through 1864, and come to 1865 the second year, to comply with this provision I hold that this clause of the Const tution is equally prohibitory to the election taking place on that day. I state this to save the gentleman the trouble of replying. Mr. STOCKBRIDGE. I did not intend to reply to that. I understood the gentleman to concede that the Legislature had the right to appoint the time of election. I stated the fact that the entire year would have elapsed, and that we should have entered upon the second year; and therefore his construction did not apply. He certainly said it would be competent next January, for another year would have passed. I say that upon that principle, more than a year will have elapsed on the eighth of November, and it will then be equally competent. But that is not the point upon which I rose to offer a single remark. If we retain this article as it now stands, down to the 5th line, where representatives in Congress are first spoken of, the time for the election of senaators and delegates will be fixed. Now, the law of the State provides, in the 76th section of the 35th article of the Code, that members of the House of Representatives shall be elected the same day with the members of the General Assembly. If then we strike out this last clause as proposed, and if we elect members of the General Assembly on that day, do we not elect members of Congress on the same day? We either do or do not. If we do not, when do we elect them? A year from then? But that is not the day fixed by the Constitution of our State for electing members of the General Assembly. Consequently, under the law of our State as it stands, unless it should be modified in the mean time, we could not elect members of Congress at that time. What then? Congress meets in the December following. Is this State to be represented? Some one suggests that there may be a special election. But the circumstance under which the Governor is authorized to call for a special election, are that the President of the United States shall have called a special meeting of Congress, in which event, and not otherwise, the Governor shall, by proclamation, direct such election. Then we must be unreprezented during the entire long session of the next Congress. I look upon this-having had no conference with the committee by which it was reported-simply as a provision to prevent our State from being unrepresented in the long session of the coming Congress, one of the most important sessions probably in our whole country's history. Unless we do make some provision by which it shall be clear that persons shall be elected to represent this State, it appears to me that we may find ourselves in a very awkward predicament. If it be the construction put upon this, that by the law of the State, fixed as it is by the Legislature, members of Congress will be elected next fall, then it is correct; but if it be not so, I think that clause should be retained by all means, as the only way to provide for representation in the next Congress. Mr. CHAMBERS. Does the gentleman mean to say to us that not having one particle of authority, in order to avoid an inconvenience, we should assume the power of acting. I put the question: Are we not usurping the power of the General Government? Will the gentleman deny it? Mr. STOCKBRIDGE, [in his seat.] I do deny it. Mr. CHAMBERS. We have taken the oath to support the Constitution. We owe allegiance to this Government, the best on earth, worthy of all commendation, as I deem it to be. Yet we are to usurp a power expressly taken away from us, and without a pretence of right. I think it is very likely that the Legislature will be in session and provide for this case. If so, there will be no difficulty at all. But anything in preference to usurpation. I want an answer to the question: Have we any authority to act upon the subject? Mr. MILLER. I do not want to prolong the discussion, but I wish to reply to the gentleman from Baltimore city (Mr. Stockbridge) who places the argument entirely upon the supposition that the Legislature of the State will fail to carry out its obligations under the Constitution of the United States. of the State. Does the Constitution say that every Legislature shall re-adjust that? Suppose the Legislature in its wisdom prefer to retain the day they have fixed, and do not choose to modify it. They violate no obligation whatever. We are not authorized to assume that they will make any change in the day now fixed by the law. Mr. THOMAS. I am opposed to the proposed change in this section, for the reason given by the gentleman from Prince George's (Mr. Clarke) and the gentleman from Kent (Mr. Chambers,) believing it to be a plain violation of the Constitution of the United States. To obviate the difficulty, I do not see why we should have the first election for senators and delegates under the new Constitution next fall. Why not have that election in November, 1865; and then we can put in a provision that the Legislature shall provide by law that the election of representatives from this State in the Congress of the United States shall be held on the same day with the election of representatives and senators for the General Assembly. will meet the views both of the gentleman from Prince George's, and the gentlemen on our side. Then put in a provision into the Constitution that the senators and delegates already elected shall continue in office until next winter, and shall be convened in session next winter, and continue in session as provided for in the 6th section of this article. I think that obviates the difficulties, and will fix this matter just as it ought to be; and when the proper time comes I will propose an amendment to that effect. That As to the vacancy mentioned by my colleague, by referring to the 4th clause of section 2, article 1, of the Constitution of the United States, we shall see that it provides : "When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill up such vacancies." Mr. STOCKBRIDGE, [in his seat.] Not at all. Mr. MILLER. The Legislature of the State, which will meet under this new Constitution on the first Wednesday of January, 1865, will be bound, if they regard the provisions of the Constitution of the United States, to fix a time at which members of Congress shall be elected. In every form of government we must repose trust and confidence somewhere. We are not to act on the assumption that the Legislature will fail to discharge its constitutional duty. I think that is an answer to the objection that at the next long session of Congress Maryland will be unrepresented. If the Legislature to be elected next fall does its duty, the first thing it will do will be to pass a law fixing the day on which members of Congress shall be elected. This Constitution comes in and changes entirely all existing laws on the subject. It sweeps them away. The Bill of Rights says that every law we have adopted inconsistent with the provisions Mr. CLARKE. I suppose that the majority of this Constitution, is null and void. We of the Convention may make such amendcome in here now and make an entire changements if they see fit; and being a member of with regard to the period at which we have been electing our Legislature annually under the existing Constitution. We are to have another election this fall. And the Legislature will make provision for the election of members of Congress, if they discharge their duty. Mr. STOCKBRIDGE. The gentleman entirely misapprehends my position. I did not assume at all that the coming Legislature would fail to discharge its duty. There is no duty resting upon it with reference to this subject. The time has already been fixed by the law The Constitution of the United States does not provide how he shall make these requisitions, or anything about it; but if the State is unrepresented, it is provided that we may have a representation. the Legislature, I do not know that it is proper for me to make any suggestion in regard to it; but I wish to say that I prefer that the election of State officers should come at a different period from the Presidential election. It should be held on the odd years, in 1865, &c., so that when we vote for State officers we may vote for them upon State issues solely, and not have the Presidency swapped off for some minor office. I shall therefore prefer the gentleman's proposition, to make the State election next year. Mr. SCHLEY. In the committee which made The amendment to strike out the last clause of the third section was agreed to. Mr. ABBOTT moved to amend section 3, by adding: "The Legislature shall fix the time for electing representatives from this State in the Congress of the United States." this report, this matter was fully considered. It was admitted and believed that the clause there was really unnecessary, excepting as removing all doubt at all about the meaning and application of the act of assembly, or the Code. I think, myself, that it is superfluous. I think if it were stricken out, it would not at all impair what it already sets forth, in prescribing the day; for that day is certainly fixed by the Legislature unless the Legislature at some subsequent session choses to alter it. I mean that I think it is only important, if important at all, as declaratory of the time at which the next congressional election shall take place. If it be in any re spect an assumption of authority, if it can be construed to be an assumption of authority require them to fix the day, although we have that is not resident in this body, of course it is a mere nullity. If it interieres at all with the provision of the Constitution of the United States, of course it is a mere nullity. It can do no harm where it stands, and may do some good on the assumption that the Legislature does not mean to change the day it has already fixed. For my own part, if it should be retained, I should like to have the amendment adopted which my colleague (Mr. Cunningham) was about to offer, stating that that should be the day, unless some other day for this congressional election should be prescribed by the General Assembly. But I attach no importance to it at all, and should be quite satisfied to see it stricken out entire y. Mr. STIRLING. I intend to vote to strike out this portion of the report; and this is my reason for it. As I said before, I admit that this Constitution has no right to fix the day, and the only object in placing it there was to make a declaratory statement of what is the existing law. At the time I looked at it in committee I was not aware of the exact language of the Constitution of the United States. I think it is unnecessary for the reason that I hold it to be clear that if this Convention changes the day of the election of the members of the General Assembly, and fixes it for next fall, the Legislature of this State has already decided that the election of members of Congress shall take place on that day. The moment this Constitution goes into effect, the election of members of Congress necessarily takes place next fall under the existing laws, and there will be one then held beyond all possible doubt. Mr. DANIEL. The point put so pertinently by the gentleman from Kent (Mr. Chambers) has convinced me that this portion ought to be stricken out. Believing as I do that this power is especially granted to the Legislature, I think this Convention has no right to fix the day; and I believe that is conceded by all. The question then comes to usShall we assume a power to meet an inconvenience? Believing that we have no such right, I shal! vote to strike out this portion of the section. Mr. THOMAS. I am opposed to that for the reason that the Constitution of the United States prescribes that the Legislature shall do that. Mr. CHAMBERS. I rise to make the same We have no right to give them objection. any instructions. Mr. PETER. We may have the power to no power to fix it. Mr. ABBOTT. It will do no harm to put that in, and I think it may do good to instruct the Legislature what we expect them to do. The amendment was rejected. Mr. THOMAS moved to strike out "in every second year and insert annually," so as to provide for annual elections. Mr. BELT. Is that amendment designed to raise the question as to the expediency of annual instead of biennial sessions? Mr. THOMAS. That is the purpose. Mr. BELT. Then I shall take pleasure in supporting the amendment. Mr. STOCKBRIDGE. It does not at all follow, if we have annual sessions, that the elections must be biennial; and that matter is expressly raised in the fifth section which provides that the Legislature shall meet every second year. For my own part, if it is decided that the sessions shall be annual, I shall be in favor of biennial elections. I think the experience of one session will be of some advantage to the persons who have acted during that session; and they will come at the next session better prepared to do the work required of them. Mr. THOMAS. I think so myself; and I will withdraw the amendment and offer it when the fifth section comes up. Mr. BELT. I renew the amendment. I am not only in favor of annual sessions of the Legislature, but in favor of the annual election of the members When mine comes here to represent me, I want him to have my last words. I want to be immediately represented, and not by a Legislature which will sit for two or three years. Mr. STIRLING. The second section provides that members of the House of Delegates shall serve for two years. This amendment directly contradicts that. I raise the point of order, whether it will not be necessary first to reconsider the second section. The PRESIDENT. Of course,if this is adopted the House will have to reconsider that section. Mr. BELT. If the House adopts my amend ment there will be no difficulty about reconsidering the previous section. The PRESIDENT overruled the point of order. be divided by lot into two classes, as nearly equal in number as may be-the senators of the first class shall go out of office at the expiration of two years, and senators shail be lected on the first Wednesday of November, Mr. CHAMBER3. I should think the best way would be for the House to pass on infor-ighteen hundred and sixty-six, for the term mally to the fifth section, which is one that regulates several others. The first thing I should presume, to enable us to act with any sort of effect, would be to decide the main question. Are we to have biennial or annual sessions? Mr. BE T. I will adopt that suggestion and withdraw my amendment. Mr. MILLER. I move to reconsider the vote by which the sec nd section was adopted. Mr. STIRLING. As I understand the motion to reconsider to be as good a way to test the sense of the Convention as any other, and as I am opposed to reconsideration, I call for the yeas and nays. The yeas and nays were ordered. The question being taken, the result wasyeas 20, nay8 34-as follows: Yeus-Messrs. Abbott, Belt, Bond, Briscoe, Brown, Chambers, Clarke, Dent, Edelen, Hollyday, Hopper, Lansdale, Larsh, Miller, Morgan, Peter, Ridgely, Swope, Thomas, Wickard-20. of four years to supply their places; so that, after the first election, one-half of the senators may be chosen every second year. In case the number of senators be hereafter increased, such classification of the additional senators shall be made as to preserve, as nearly as may be, an equal number in each class." Mr. STOCKBRIDGE. I move that this section be passed over informally; and I will state the reason for that motion. The report of the committee on the apportionment of the. representation has not yet been acted pon. That provides for more than one senator for at least one of the places named. If that should be adopted, it might be necessary to modify this article immediately. The motion was agreed to. The fifth section was read as follows: "Section 5. The General Assembly shall meet on the first Wednesday of January, eighteen hundred and sixty-five, and on the same day in every second year thereafter, and at no other time, unless convened by the proclamation of the Governor." Mr. THOMAS moved to strike out the words in every second year" and insert "anuually." Nuys-Messrs. Goldsborough, President; As their names were called, Mr. BRISCOE said: In order to get the sense of the House, and not as a test question, I vote 'aye." Mr. CLARKE. I vote "aye." I do not regard it as a test question at all. Mr. MILLER I vote "aye," because I am in favor of annual electious and annual sessions of the Legislature. I look upon it as a test vote. The Bill of Rights requires the election of the Legislature to be free and frequent as one of the great safeguards of liberty. Mr. SANDS I am in favor of annual sessions and biennial elections. This section reads: "Section 2. The members of the House of Delegates shall be elected by the qualified voters of the counties and city of Baltimore respectively, to serve for two years from the day of their election." This does not at all involve the question of annual sessions, and I shall therefore vote "no." So the Convention refused to reconsider. The fourth sect on was read as follows: "Section 4. Immediately after 'he Senate sha'l have convened, after the first election under this Consti.ution, the senators shall Mr. MILLER demanded the yeas and nays on the amendment, and they were ordered. Mr. BELT.. I understand the effect of this amendment to be this: Those who vote to sustain the amendment vote for annual sessions. That will not deprive us of the opportunity of voting for annual elections afterwards. Mr. PETER. It seems to me that we have already virtually decided the question of annual elections, in refusing to reconsider the second article. If we are to have biennial elections I am opposed to annual sessions. Why should the same Legislature meet here for two years, and put the State to an additional expense? If we can have annual elec tions, am in favor of annual sessions of the Legislature; but without an election, for the same persons to come here again, and put the State to an additional expense I am opposed to. I believe that the people of the State should be represented as often as practicable, say every year, that we may get at the true fee ing and sentiment of the pople. I think their interests would be advanced by annual sessions, provided we could have annual elections; but I am not willing that the State should incur the additional expense of their as mbling every year when they are elected every two years. Mr. CHAMBERS. It appears to me a perfect contradiction of the theory of republican |