Mr. RIDGELY. I move to further amend the last clause of section six, by adding the following: "And in such case the compensation shall be at the rate of five dollars per diem."

"No book or other printed matter not appertaining to the business of the session, shall be purchased or subscribed for for the use of the members, or be distributed among them at the public expense."

I think that clause better be added to the sixth section.

sembly," &c.

The question being taken, the amendment was adopted.

"The senators and delegates shall receive a per diem of five dollars, and such mileage as may be allowed by law, and the presiding officer of each house shall be allowed an addition of one dollar per day. No book or other printed matter not appertaining to the business of the session, shall be purchased or subscribed for for the use of the members, or be distributed among them, at the public expense."

Mr. SCHLEY moved to strike out all of the section down to and including the words, "an addition of one dollar per day."

The motion was agreed to.

Mr. SCHLEY. I now move that the remainder of the twenty-eighth section-relating to books and other printed matter-be added to section six as amended.

Mr. MILLER. I think, if my friend from Frederick (Mr Schley) will examine, he will see that the subject matter of the twentyeghth section is entirely irrelevant to any thing contained in the sixth section.

Mr. SCHLEY. That may be true. I will withdraw my amendment.

Mr. HEBB. I renew the amendment. I think it is relevant to the sixth section. Part of the compensation to members is sometimes in the shape of books which members vote to themselves. I therefore move to add that clause to the sixth section.

Mr. MILLER. The gentleman can effect his object much better by adding that clause to some section containing prohibitions upon the action of the Legislature.

The PRESIDENT. This can be allowed to stand as a separate section.

Mr. HEBB. It will look rather awkward to have this stand as a section in this way:

not designed to arrest such appropriations. This is very easily capable of misconstruction, and I would suggest the propriety of adding some provision so that it may not affect the authority of the Legislature to make an annual appropriation for the library.

Mr. SCHLEY. This is precisely the same as section thirty of the article on the legislative department in the present constitution. That section has never been so construed that I am

aware of.

Mr. CHAMBERS. I merely desired to avoid any misconstruction.

No further amendment was offered to section twenty-eight

The Convention then resumed the consideration of the report at the point where the twenty-eighth section was taken up.

Section seven was then read as follows: "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, and the last year thereof in the county or city which he may te chosen to represent, if such county or city shall have been so long established, and if not, then in the county from which, in whole or in part, the same may have been formed; nor shall any person be eligible as a senator unless he shall have attained the age of twenty-five years, nor as a delegate unless he shall have attained the age of twenty-one years, at the time of his election."

ification he shall not be elected to Congress, and shall not accept any office under the Federal Government.

Mr. STIRLING. How will you enforce it? Mr. CLARKE. The gentleman inquires how this provision can be executed. When a member elect qualifies, he swears to support the Constitution of Maryland; and he is thereby by his oath at once prevented from accepting any federal office. In that way the State will secure the services of the individual who has been elected as senator or delegate. That is the way in which the amendment will become operative Now I will state the reason for the amendment: The first clause of this section shows clear

The question being taken upon the motion of Mr. MILLER, it was not agreed to, upon a division, ayes 22, noes 26.

Mr. MILLER. I move now to strike out the words or city" in the sentence which now reads "if such county or city shall have been so long established."

The motion was not agreed to.

gress, or holds any office under the United States, the State does not desire to take him from the discharge of that duty to serve in the State Legislature as senator or delegate. Now I say the same rule ought to hold good in reference to the officers of the State. What is more common than this; that gentlemen who aspire to places in the Senate of the United States scek seats in the House of Delegates or in the other body, as a high road to an election to the United States Sena e, if such an election is coming off. For several years past there has not been a senator elect

Section eight was then read as follows: "No member of Congress, or person holding any civil of military office under the United States, shall be eligible as a senator or delegate; and if any person shall, after his election as a senator or delegate, be elected to Congress, or be appointed to any office, civil or military under the Government of the United States, his acceptance the eof shall vacate his seat."

Mr. CLARKE. I believe section eight of this report agrees with the section as it stands in the present Constitution. But I move to amend this section by striking out all after the word "delegate" where it first occurs, and inserting the following:

"And no pers n shall, after his election and qualification as a senator or delegate, and during his term of office, be elected to Congress, or accept any office civil or military under the Government of the United States."

In proposing this change, it is not with the idea that we have any right to prescribe the qualifications of members of Congress or to prescribe to the General Government whom they shall appoint. The first portion of this section provides that-" No member of Congress, or person holding any civil or military office under the United States, shall be eligible as a senator or delegate." Suppose the people elect a person to represent them as a senator or delegate. The amendment I propose provides that after his election and qual

has not been chosen from one House of the Legislature or the other.

I offer this amendment to obviate that difficulty. Those gentlemen do not come to the Legislature, when a senatorial election is to come off, for the purpose of discharging their duties in the Legislature with a view solely to subserve the interesis of the State, but they come here with a view to electioneer among members, profiting in that respect by the opportunities they have over other gentlemen in the State-by little acts of courtesy here, and little acts of courtesy there, by the influence of their presence upon the spot; though I will not say bynything which gentlemen should not stoop to do; we all have heard, however. those charges abroad in the community. Now I desire to free the halls of legislation from all such scenes as those. We sometimes have three or four aspirants to the United States Senate upon this floor and upon the floor of the other house. I have seen here, as others have seen, this member directing his course here with that view, and so with other members. All the time there was a game going on, looking solely to the senatorial election. Now, when a man is elected to either branch of the Legislature, I want to have him come here with a view of serving the State, with no other or higher consideration to affect his course. I do not say it would affect his course knowingly to him, or that he would not be governed by regard for the interests of the State. But I wan to remove this temptation from him,

and leave him to look solely to the discharge of his dues as State senator or delegate

I will state a case which I know. A senator from our county was appointed to an office under the United States Government--I think in the military service. He held the office, I believe, for eighteen months without an act ual acceptance of it, and discharged his duties. But under the provisions of this section he did not vacate the office of senator until he actually accepted the federal office. So he had a position under the Federal Government, and at the same time was a member of the State Legislature. He complied with the law as it then stood. But under the provisions of my amendment, he will be free from all these influences, and can devote his time entirely to the service of the State, and will not seek it as an avenue to places elsewhere. And it will place all gentlemen who are aspirants for seats in the United States Senate upon the same footing-keep them all outside of the body that is to elect. Those are the reasons I have for offering this amendment.

Mr. CHAMBERS. I presume it will hardly be supposed that I anticipate any appointment from the General Government. And I think I should ra her feel disposed to decline it, if such a remarkable event should occur, as one being offered to me. On a late occasion I expressed my opinion with regard to the assumption of powers on the part of this Convention that did not properly belong to it. And I think a course of consistency demands that I should differ from my worthy friend from Prince George's (Mr. Clarke) in regard to this proposition. It is conceded that we have no power to act upon this subject; and that we can only by indirection enforce such a prohibition upon members of the Legislature. Now, have we a right to assume powers because we can indirectly operate upon the persons of those in regard to whom those powers are proposed to be exercised? I say no. We have given to the General Government exclusive authority to control the qualifications of its officers. Now, if the gentleman were in Congress-where he ought to be, by the way-and the question was there discussed whether these qualifications should be required, then his argument would be very efficient and very applicable, and deserve the highest respect.

But my friend must consider that when he comes to us and asks us to assume, to take back from the General Government that very authority which we have granted to it-when he asks us to assume to act for the General Government in a matter in which they have the sole power to act, and in which they have thought proper to exercise that authority, he makes a demand upon us which I think is rather unreasonable. Now, is his plan effectual? He requires the party taking a seat in the Legislature to take an oath to

support the Constitution of the State. Now, what is the Constitution of the State? Is a provision, admitted to be beyond your power, any part of the Constitution? I doubt it. At least there is great room for casuists to discuss that question on either side. Suppose you adopt this provision, and a member of your Legislature accepts an office under the General Government; what are you going to do? Suppose that the gentleman from Prince George's is a member of the Legisla ture. While in that position he is offered an appointment as a major general in the army, having perhaps every other qualification he would be induced to accept the appointment but for this provision of the Constitution. He is advised that this provision is a dead letter and he accepts the commission. Now, how are you going to meet him? How are the epaulettes to be torn from his shoulders by any procees in the State of Maryland?

Mr. CLARKE. The only way to reach the individual is through the obligation of his oath.

Mr. CHAMBERS. But he considers the oath as not obligatory, as a great many persons do these official oaths now-a-days.

Mr. CLARKE. I have taken the oath as a member of the Legislature, and I was not aware that any casuist has said that oath was not binding

Mr. CHAMBERS. Why, I thought the gentlemen resided in a very populous and intelligent portion of the State.

Mr. CLARKE. If a member of the Legislature takes the oath prescribed for him to take, is not that oath binding upon him?

Mr. STIRLING. Not if it requires him to violate the Constitution of the United States. Mr. CLARKE I do not regard my proposition as requiring any such thing.

Mr. CHAMBERS. The Constitution of the United States expressly admits a member of the Legislature of Maryland to be a member of Congress or a major general.

Mr. CLARKE. I do not think there is any such provision in the Constitution of the United States. The fact may be so, but there is no provision in th Constitution to that effect.

Mr. CHAMBERS. The Constitution of the United States provides limitations, qualifications, &c., for members of Congress. My friend is a lawyer and he knows very well that suppressio unius est cxclusio alterius. When the Constitution prescribes certain qualifications, it denies that any other shall be required.

Mr. CLARKE. The only point of difference between the gentleman from Kent (Mr. Chambers) and myself is this: because a member of the senate or delegate is eligible under the Constitution of the United States to a seat in Congress, there is no obligation upon the Legislature of the State or upon the people of the State to send every man to the Senate

of the United States or to Congress who is eligible to a seat there. Now, I regard it as no violation of the Constitution of the United States to provide in our Constitution that particular individuals in the State, who might otherwise be eligible, shall be excepted from that class. That is all my amendment does. It does not make a man violate the Constitution of the United States by not going to Congress. Otherwise, every man in the State who possessed the qualifications for a member of the Senate or of the House of Representatives would be violating the Constitution of the United States if he did not go there.

Mr. CHAMBERS. Ah! humph! [laughter.] That is not an argument. The Constitution of the United States allows a member of the Legislature to be a member of Congress. Is that conceded?

Mr. CLARKE. Yes, sir.

Mr. CHAMBERS. And the gentleman proposes that the Constitution of Maryland shall say that a member of the Legislature shall not be a member of Congress. Now I ask him if that is not a flat denial of a constitutional privilege? Does it not deprive a man of a privilege which the Constitution of the United States expressly gives him?

Mr. CLARKE. It deprives him of a privilege which the Constitution of the United States gives him. But because you deprive him of that privilege you do not make him violate the Constitution of the United States. Mr. CHAMBERS. But if we deprive him of that privilege, then I say we violate the Constitution of the United States.

Mr. CLARKE. I admit that it takes away from him, by State authority, a privilege which he has under the Constitution of the United States. But that does not make that man violate the Constitution of the United States.

Mr. CHAMBERS. Nobody says it makes that man violate the Constitution of the United States. We are violating the Constitution of the United States; not the man himself whom it is proposed we shall deprive of a constitutional privilege. The Constitution of the United States says one thing; we are asked now to say directly the opposite. That is a plain proposition, is it not? We have no right to say anything in opposition to the Constitution of the United States. That Constitution demands supreme allegiance, so far as its power extends, and we cannot curtail any privilege which it grants. If we can say what we are asked to say here, then we can say anything else. If we can put on one qualification, we can add another. We can just as well say that no man shall go to Congress who is not forty, fifty, or sixty years of age; or that he may go there when he is only fifteen or eighteen years old. This is a matter not within our ijurisdiction. It has been confided to another

tribunal, and that tribunal has excised the authority reposed in it by the people of the United States. As I had the honor to say upon another proposition yesterday, this is an assumption of power upon our part uot only not belonging to us, but which has been expressly delegated to another tribunal, which tribunal has acted upon the subject.

Now, I have no objection to saying that if a man shall receive a commission for any office under the General Government, he shall be no longer permitted to fill an office of the State, except he decline to accept the commission within a given period. But I cannot say that because he holds a State office, he shall not be permitted to receive a commission for any office under the Government of the United States. Now, if there is any difficulty arising from the fact that a man can hold a United States commission in his pocket, and still act as an officer of the State, then that is a difficulty that requires a remedy. But I can only say for myself, that consistency will oblige me to vote against any proposition interfering with the rights of the Government of the United States.

Mr. SANDS. Agreeing entirely with my friend from Kent (Mr. Chambers) in his constitutional views about this matter, I have only to say that if we were a body of legislators, and this amendment was in the form of a bill without a title, and I had to prepare a title for it, I should be very apt to baptize it with this title, "A bill to prevent the enlisting of certain classes of people in the State of Maryland, in the service of the United States, "-i. e. members of the Legislature. Now, I do not think it is a matter of any importance, because I do not believe Uncle Sam is going to get many recruits from that class of people.

I only wish to say further that the contingency referred to by the gentleman from Kent, is provided for by the latter clause of this section. He says that a member of the Legislature has a constitutional right to accept an appointment, either civil or military, under the Government of the United States; but that if he can do that without vacating his seat in the Legislature, then it was a case which required a remedy. The remedy is in the last clause of this section. It provides that his acceptance of a seat in Congress, or of an appointment to any civil or military office under the Government of the United States, shall of itself vacate his seat in the Legislature of this State. It does not leave to him the option of resigning his seat or not. If the General Government, as it has the undoubted right to do, calls upon him to serve it in any military or civil capacity, the option of accepting or declining is left with him. But this section expressly provides that his acceptance of that post shall vacate his seat in the Legislature. It does