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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 304   View pdf image
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304

ment on their rights, to keep a strict guard over
them; and he would oppose the proposition to
impose a restriction, where the choice of the
people should be untrammeled. An individual
may possess every requisite qualification; may
stand well in the estimation of his fellow citizens,
and in every respect may be just the man requir-
ed by the public wishes and the public interests;
but because he has not resided in the county ex-
actly the time prescribed, the people are to be
debarred from electing him. It did not require
a multiplicity of words to show the impolicy of
such a restriction; and be would, therefore, re-
frain from troubling the House with any further
remarks,
Mr. PHELPS said:
That if the principle was to be admitted that it
is wrong in any case, to put a restriction on the
right of election, we may as well say at once
that a person may be taken from the county of
Dorchester, to represent the county of Harford,
or from Harford to represent Dorchester, or do
away at once, with all qualification on the score
of residence. But, to do this, would be in viola-
tion of the principles on which our political in-
stitutions are founded. It was proper that there
should he a certain prescribed term of residence
before a citizen is eligible to offices of trust and
emolument.
He hoped the amendment of the gentleman
from Harford would not prevail. He could see
no force in the argument the gentleman had
brought forward in support of his proposition.
Mr. MCHENRY replied, that if the gentleman
from Dorchester could see no argument in what
he, (Mr. McH.,) had advanced, the gentleman
from Dorchester certainly did not meet it with
any argument.
Mr. PHELPS explained. He had said he did
not comprehend the force of the argument of the
gentleman from Harford, but he disavowed any
intention to use that language in any disrespect-
ful sense.
The question was then taken on the amend-
ment of Mr. MCHENRY; and
It was rejected.
Mr. DORSEY moved to amend said section by
striking out "three" in the third line, and insert-
ing in lieu thereof "two."
Mr. DORSET said that hitherto twelve months
residence had been what was required for a
Delegate, and three years for a Senator. It oc-
curred to him that two years would be quite
enough for either If a gentleman well known
in the neighboring States of Pennsylvania or
Delaware, near the confines of Maryland, and
generally respected, should more his residence
over the line into our State, it would not be ne-
cessary, if he were known and esteemed, that he
should have a long residence to quality him for
office. It was only necessary for the candidate
to have been a sufficient length of time in the
State and county, to know what were the inter-
ests of the State and of his immediate constitu-
ents. If the people knew him to be properly
qualified, no public inconvenience would result
from their electing him after a residence of two

years. The restriction would operate on the
native, equally with the naturalized citizen.
The question was then taken, and the amend-
ment of Mr. DORSEY was rejected.
Mr. MERRICK moved to amend said section by
filling the blank, in the eighth line, with "thirty.'''
Mr. SCHLEY moved to fill the blank with
"twenty-five."
And the question was first on the longest time.
The amendment of Mr, MERRICK was reject-
ed.
And the amendment of Mr. SCHLEY was agreed
to.
The section was further verbally amended on
motion of Mr. DORSEY.
The section, as amended, was then adopted.
The eighth section of the report was read and
adopted, as follows:
Section 8th. No member of Congress, or person
holding any Civil or Military office under the
United States, shall be eligible to a seat in the
General Assembly, and if any person shall, after
his election as a member of either House of the
General Assembly, be elected to Congress or be
appointed to any office, Civil or Military, under
the government of the United States, his accept-
ance thereof shall vacate his seat.
The ninth section was read as follows :
Section 9th.. No Priest, Clergyman or Teacher
of any religious persuasion, society or sect, and
no person holding any civil office of profit under
this State, except Justices of the Peace, shall be
capable of having a seat in the General Assem-
bly.
Mr, GWINN moved to amend it by striking out
the word "civil" in the second line.
On a question put by Mr. SPENCER as to the
effect of this amendment, a brief conversation
took: place, in which Mr. DORSEY, Mr. GWINN,
and Mr. SPENCER took part, when Mr. RIDGELY
suggested that his colleague, (the Reverend Mr.
CHANDLER,) was absent from his seat owing to
severe indisposition in his family, and that he
wished to be heard on this question. He there-
fore asked of the courtesy of the House to pass
over this matter informally for the present.
The PRESIDENT said, that under the practice
of the Convention, unanimous consent would be
required to pass over the section informally.
Some conversation followed, after which,
On motion of Mr. MCHENRY, the considera-
tion of the section was postponed until the other
sections of the report should have been consider-
ed.
The tenth section of the report was read as
follows :
Section 10th. Every Senator and Delegate be-
fore he acts as such, shall take and subscribe the
following oath or affirmation, viz: "I do solemn-
ly swear, (or affirm as the case may be,) that I
will support the Constitution of the United States,
and the Constitution of the State of Maryland,
and that I will faithfully discharge my duties as
Senator, (or Delegate as the case may be,) without
prejudice or partiality, and to the best of my
ability."



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 304   View pdf image
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