The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-08

of Allegany. His people were anxious to see them;
they shed light upon agriculture and were benef-
cial in every way. That the agricultural and mine
raj resources of the State have been greatly de-
veloped through the Chemists exertons, no one
will deny. In future it will be greater.
| Other gentlemen argued against the office, on
the ground that it did no good, and that their
counties were not visited by the State Chemist.
Mr.. DENNIS, of Somerset, knew something of ag-
riculture, and he thought that the Chemist had
done it no good. good industrious farmer in a
neighborhood was more benefit, by his example,
than dozen chemists.
Mr.. WoRTHINGToN withdrew his motion, to allow
Mr.. Freaner to speak to privileged question.
RESIGNATION OF MR.. FREANER.
Mr.. FREANER rose in his seat and announced to
the House that he desired to resign his seat as
member of this Legislature 1t is needless to state
the announcement created quite a stir amongst
ry one and that the attention of all was at once
riveted upon the speaker. He said that his atten-
tion had just been called to the fact that there was
a constitutional disqualification preventing him
from longer retaining his seat.
| He a native of Hagerstown, Washington
county, but left that place in April 1854, and went
" " Eantornia, where he remained until the winter
| Vi looo, when he again returned to Washington
county. The Constitution provides that he and
al oteLs sno9Id reside in the State at least three
wears pelo,e t1e time of election to the Legislature.
Mhen ne le!C maryland, he had no definite inten-
! ton OF staying any length of time He went out
| to seek his fortune like MANY others and returned
after a time. He labored undar Acknowledgements,
for about one month before his election. He as
sured the House of the fact that he was irnoront
of any constitutional disqualification until bis col
league, Mr.. Stake, called his attention to il tbis
morning. Had he known it he certainly never
would have suffered nomination, election. or re-
turn. He believed it duty to resign. He owed il
| to himself, to his constituents and to the House
The greatest regret he had was in not knowing of
| the disqualification sooner, and the necessity which
compels him to give up the fellowship of the men,
| bers of the House.
He then sent up to the Speaker the following
letter. which was ordered to put on the Journal:
| ANNAPOLIS March 7, 1860.
My attention has been called this morning to the fact
that do not hold my seat constutionally member
of this House returned to Maryland after short re-
sdence in California in the month of December 1856.
was elected member of this House in November 1859,
so that am short by few weeks of such residence in
this State of Maryland the Constitution requires The
| Constitution, article 8, section 9, says:
"No person shall be eligible Senator or Delegate
who at the term of his election is citizen of the
United States and who has resided at least three
preceding the day his election in this Sate &C.
was not aware of this disqualification at the time of
| my nomination election, I aware of it until
this morning One of my colleagues Mr. Stake) did
the favor to call my attention to it. Being satisfied that
labor under this disqualification and having desire
! to hold seat to which not entitled herewith
| GEORGE FREANER.
| Mr.. GORDON, of Allegany, then arose and said he
regretted this unlooked-for occurrence very much.
| 1t entirely unexpected. He regretted to loose
|
| the Constitution must be abided by. 1t is impera-
| tive and must be satisfied. He could only hope
| that the gentleman would go away with the good
| feelings of all the members.
In concluding, Mr.. GORDON moved an order to
allow Mr. Freaner his full pay as a member of the
House for the time he had served, and that the
| sguation be accepted.
| The order unanimously adopted-previous
| to which, however, Mr.. STAKE stated that he was
thoroughly satisfied with the explanation of his col
| league. He was certain that he never would have
suffered election or have taken his seat knowing
| that he was disqualified. When the disqualified
| tion pointed out to him he promptly sgniied
his intention of resigning. From the character of
| the man-knowing him ntimately-he was well
assured that he would undern circumstances ac-
cept official position with the knowledge of his
disqua LITIGATION on constitutional any other
grounds.
THE BROCK BILL.
Mr.. GoLDsBoRoUGH, chairman of the Committee
on Corporations-the hour of IL having arrived
called up the Brock Passenger Railway bill as the
special order of the day.
Mr.. JACOBS contended that the unfinished busi-
ness-beng the Free Negro bills-took precedence
Mr.. MORGAN, of St. Marys, called for the order
| of the day. which he contended was the adoption
or rejection of the reports Of the Committee on
Elections He insisted upon the order, which in
itself was imperative. He wanted gentlemen to
show their hands. His record was clear He stood
up with clean hands, and asked to know whether
the Democrats of this House intended to fritter
away the time of the House on "niggers" and the
the day, which was most imperative the gentlemen
desired to take up the Brock bill, so that they
could put it through before the Baltimore delegates
were turned out. He said that if this was So he
would like gentlemen to show it by their acts. He
let all know how he stood. His record was clear
and he would let all it, from the coal mines of
old Allegany to the frog ponds of old Worcester.
He was willing to let the people see how he stood.
He was tired of the eternal "nigger' and ''BrOck
BILL" He called upon the Democrats to stand out
and insist upon the order of the day. He called
for it.
The SPEAKER decided that in accordance with the
Journal, the Election Committees report the
imperative order of the day.
Mr.. GoLDSBoRoUH thought that the decision of
the House could be made upon the election reports
in very few minutes; it could be put off without
any evil result; could be acted upon. The Brock
bill has precedence, because is the unfinished
business of Yesterday: thought tobe acted upon be-
fore anything else He did not look to the popular
prejudices OR anything else to govern him; he en-
deavored to do what was right; his record was
made up; he would vote and act as he saw fit, re-
gardless of the opinion OF anv one.
Mr.. DENNIS was amused at the debate about De-
mocracy. What is Democracy? In one portion
of the country it is the tariff-here it is Brock
and Democracy is to be brought to the test on the
Brock bill. 1t is tariff in one part of the country,
and anti tariff in another. The gentleman from
Washington county, who has Just left US, thought
a few days since that Democracy a railroad to
the Pacific. He did really hope that apostle
of Democracy would arise that could define what
Democracy really does consist Of that its advocates
shall no longer be boxing the compass. We have
an entire new phase of Democracy this morning.
Mr.. MILLER moved that the contested election
question be postponed until Saturday. He was
ready to stand on the record with the approval of
his constituents.
Mr.. GORDON proceeded to define his position on
the subject of Democracy. He asked Mr.. Dennis,
as he had questioned the consistency of Democracy
if he would define his political position Where
is the gentleman now? What are his principles?
Mr.. DENNIS-I have always been an Old Line
Wing.
Mr. GoRDoN-What is the gentleman now?
Mr.. DENNIs-I am a member of the American
party, and opposed to Democracy in every shape,
and will unite with any party to oppose Demo-
cracy except the Republican party, [Applausee.]
Mr.. GORDON then proceeded to anayze the prin-
ciples of the American party, charging them with
disfranchisng foreigners and Catholicism
ton, and in another section with even nominating
them for office. He concluded by declaring his un-
willingness to press this election matter means
of preventing the members from the city from vot-
ing on any local bill. We had moved along harmo-
niously in this matter, and he hoped would con-
tnue to do so to the end His views with regard
to the Brock bill were well known, doubted
that he was opposed TO it, and would vote against
it, but he could not consent to be party to saving
off action this bill for the purpose of obtaining
party end, as a means to assist in its defeat He
would therefore move that the election cases be
made the order of the day for Friday next.
Mr.. STAKE, of Washington county, thought there
would be no opposition to the consideration of the
election case, and no concerted effort to prevent
the Democracy from doing everything they might
desire on this and all other questions. AS to the
position of the Democracy, he found them thick
here that he had no desire to run his head against
them-he wanted them to have their own way in
everything.
Mr.. MORGAN stated that he had no desire to
throw the Baltimore delegation out as a means of
defeating the Brock bill. He wanted them to
have the election matter disposed of. Besides
their absence would not injure the prospect of that
bill, as the delegation divided, and the ma or
ity of them against the bill. With the absence of
the nine delegates, and Mr.. Freaner, it would re-
quire but 33 instead of SO votes to pass bill.
The SPEAKER said that such would be the result.
Mr.. GoLDsBoROUGH denied this construction of
the Constitution If one-third of the members of
the House disqualified and should retire, it
would still require 3S votes to pass bill, and by
vacatng these seats, every bill before the House
will be jeopardised.
The question was then called, and long dispute
to what the question before the House.
The Speaker finally decided that the question was
on the motion of Mr. Jacobs to suspend the rules
take up the Negro bill instead of the Passenger
Railway or Election Reports.
The ayes and nays being called resulted as fol-
lows:-Ayes, 43; nays, 10.
THE NEGRO QUESTION
The rules suspended and the Negro bill
called up.
Mr.. GoLDsBoRoUGH asked for a call of the House.
The absent members were ascertained, and the
Doorkeeper sent after them.
During the interim Mr.. GoLDsBoRoUGH read a Sc
ries of resolutions behalf of the Joint Committee
of the Senate and House upon Federal Affairs in
reply to the resolutions of the Legislature of South