Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-12-04
Gu1tnre88.
no USE or REPRESENTATIVES,


In committee of The whole, Mr. Bassett
in the chair, The question being on concur
renee with Tie report.
The report of the committee of electi.
ons is as follows:
REPORT,
The committee of elections, to whom was
committed The petition Of Joshua Bar
ney, of the city of Baltimore, praying
TO be admitted to seat in the house, he
having, in his opinion, the highest num-
Der Of votes given to a candidate legally
qualified to represent the said city OF
baltimore, having carefully examined
the facts stated on both sides, and com.
pared the laws OF Maryland, under
which the said election was held, with
the constitution of the u. States.
REPORT
That by an a@ OF the assembly OF
Marylaaj, passed in November, 1890, ii
is required, that the member shall be an
inhabitant Of his district at he time of his
ele Gtion, and shalt have resided therein
twelve calendar months Immediately be-
fore.
By another ae of the assembly OF Ma
ryIanSl, passed in November, 1902, it is
ena:aed, that Baltimore town and county
shalt De the fifth district, which districts
shall be entitled 10 send two representa-
lives TO congress, one Of which shall be a
resident of Baltimore county, and the o.
ther resident of Baltimore city.
That Joshua Barney is citizen Of Ma
.TyIsad, and has been resident of the city
of Baltimore for many years.
That William M'Crcery has been, for
many years, citizen OF Maryland, and e
resident of the c,y Of Baltimore but that,
IN the wear 1903, he removed himself aud
his family 10 his estate IN Baltimore COun
w; that from that time, though he HIM
self has occasionally resided in Baltimore,
vet he, with his wife and family, have not
made the city oil Baltimore their settled
residence.
That William M'Crecry states, that his
intention was and still is 10 reside with
his family on his country estate IN summer
and in the city OF Baltimore in winter
bur that ever since he has removed his Ia
niIy To his farm, he has been Obliged eve
~ winter, in the public scryice, TO reside
and frequently with his family, in the city
os Washington, which prevented him from
removing his family, agleeably TO his in.
sention, TO the city Of Baltimore but ne
resided himself in the CITY OF Baltimore
five or six days before the election; tina
he md his family were residing IN ih'
same. situation, when he was elected te
serve in the ninth congress, that they we're
when he was elccied into the present con
Syress that, however, not Wishing 10 have
been taken -.p as candidate al the las
election, he expressed to some ct hi
friends some upprehensions that except
ons might be made on account othis con
start family residence not being in the CT
~ OF Baltimore
AT the election IN that distriet FOR the con
gress now in session, Nicholas X Moor
Fad 6,i64 votes; he is resident IN Bal
tinore county and William M'Creery
against whose right 10 a seat IN this hOus
objeAon is made on account of residence
Lad 1859; and Joshua Barney, wh
claims a seat in this house, aud is resi-
dent in Baltimore city, had 1908 votes
end John Seat, also, resident IN laiu
more city, had $50 votes. The sbov
statement Of fsGls being admitted 10y 10
parties, further evidence was not required
no question was taken on the legal res
Deuce OF william NJ Creery in the city {
Baltimore.
The committee proceeded to exarnin
the constitution with relation 10 the cas-
submitted 10 them, and find that the gus
GGcatinns Of members is therein determ
ned, withoui reserying any authority to IN
STATE legislature 10 change, odd or dim
nish those qualifications and that, by Ih'
instrumest, congress is constituted th
scle Judge of the qualifications prescribe
by it, and are Obliged to decide agreeabl
10 the constitutional rules; but the stat
legislatures being by the constitution al
thorized to prescribe the times, place al
p1anner,ct holding elections, in conlrove
sizes arising under ihis authority, congre
are Obliged 10 decide sgreeabiy TO the Law
oF the respective states.
On the most mature consideration OF Il
ease submntedio them, the cOmmiuee q
orcpinion, that William MCreery is du
qualsed IN represent the fifth district
the state of Maryland, and that the law
that state restricting the residence Of Il
members Of congress 10 any psrticul
par, Of he disthGt Tor which they may
chosen, is contrary To the constitution
the UnIed States;
I therefore,,