Maryland Constitutional Amendments, 1776-1810

Constitution of 1776, Article 59 stated the process of amending the constitution:
A bill to amend the constitution had to pass in the General Assembly, had to then be published at least three months before a new election, and then be confirmed at the first session of the Legislature after that election (ie. the bill had to pass a second time).  (At the time elections for the House of Delegates were held yearly).  It was not required for voters to ratify proposed constitutional amendments.

Members of the drafting committee, constitutional convention of 1776 (also called the "Committee of Seven") (named in Proceedings of the Convention, p. 10):
Charles Carroll the barrister (resigned August 27)
William Paca
Charles Carroll of Carrollton
George Plater
Samuel Chase (resigned August 27, 1776)
Robert Goldsborough
Matthew Tilghman, esq., president of convention
Robert Townshend Hooe (began August 30, 1776)
Thomas Johnson (began August 30, 1776)

Other biographies:
Gabriel Duvall, clerk of the convention
Alexander Contee Hanson, Jr.
Alexander Contee Hanson, Sr.
Jeremiah Townly Chase

Legislative history of ch. 80, Acts of 1791--Made it illegal for a person to hold simultaneous seats in both the U.S. Congress and the Maryland General Assembly, or being an Elector of the Senate or holding any office of trust or profit under the state.
Discussed in Carl N. Everstine, The General Assembly of Maryland 1776-1850 (Charlottesville, VA:  The Michie Company, 1982), 253.
Everstine does not say who introduced the bill.  He points out that one prominent and active member of the General Assembly who was immediately effected by the amendment was Charles Carroll of Carrollton, who was a member of the Maryland Senate for the Western Shore at the same time he was a member of the U.S. Senate.  Carroll voted against the bill in the Maryland Senate, but when it passed and before it took effect, he resigned his U.S. Senate seat.
 

Legislative history of Ch. 90, Acts of 1801--Removed the property qualification for voting and gave the right to vote to every free white male citizen of the state over 21 having resided in his county for one year (reduced to 12 months in state and 6 months in county or city by ch. 83, Acts of 1809).  (The voters elected delegates to the House but only electors of the Senate; they also elected sheriffs.)
Discussed in J. Thomas Scharf, History of Maryland:  From the Earliest Period to the Present Day.  vol. 2, 1879 (Reprint, Hatboro, PA:  Tradition Press, 1967) 609-611 and in James H. Fitzgerald Brewer,  "The Democratization of Maryland 1800-1837," in Morris L. Radoff, ed., The Old Line State:  A History of Maryland (Annapolis:  The Hall of Records Commission, 1971), 55.
Scharf reports that the second article of Maryland's constitution requiring a property qualification for free white males to vote stood for twenty years (from 1776 to 1796) without any attempts to change it.  Then in 1797, Michael Taney, (the father of future Supreme Court Justice Roger B. Taney), a delegate from Calvert County and "an ardent Federalist," introduced a bill in the House of Delegates "to abolish all that part of the form of government which requires property as a qualification for voters or for office."  (Scharf's quote, p. 609)  Scharf writes that since this idea had not been introduced before, it was a new one to the delegates and they had no idea where public opinion would stand on the issue.  Scharf reports that the most prominent members of the House of Delegates who opposed Taney's bill were:
Philip Barton Key
Thomas Buchanan
Robert Smith
John Buchanan
Joseph H. Nicholson (Republican)
Upton Bruce
Charles Frazier
Allen B. Duckett
During the debate on the bill, Joseph H. Nicholson apparently insinuated that the bill was so ridiculous and unreasonable that they might as well give the vote to "women and children" too. (Scharf, p. 610). The bill passed the House by 30 yeas to 21 neas, but was defeated in the Senate.  But public opinion had been drawn to the issue, and before the next election, many voters withdrew their support for those delegates who had not supported the bill.  Another bill was introduced in the next session (1798), and this time it was not as vigorously opposed.  It died in committee, however.  The following year, 1799, saw the bill reintroduced by John Thomas of Frederick who formed a three-man committee with Philip Barton Key of Annapolis and Major William Hanson McPherson of Charles County (all three Federalists) in support of the bill.  The bill passed 48 yeas to 13 neas.  The Senate still refused to pass the bill, however.  In 1799, the House again passed the bill but the Senate only passed a version called for changing the qualification from owning 50 acres of land or 30 pounds of money to "or paying taxes."

In the session of 1800, the House passed a similar "act to alter such parts of the constitution and form of government as relate to voters and qualification of voters," but the Senate amended it.  On December 13, 1800, members of the House of Delegates sent a message to the Senate saying that they could not agree with the amendments proposed.  On December 18, 1800, members of the Senate declared in a message to the House that "without intending to enter into argument on the subject upon which each branch of this legislature has an equal constitutional power to act, on this occasion we feel it due to you, as well as ourselves, to state, in few words, the grounds upon which our amendments were framed... that every man having property in, a common interest with, and an attachment to, the community, ought to have a right of suffrage... that taxation and representation ought to be reciprocal..."  The Senate again amended the bill to give the vote to "every person possessing assessable property to the amount of ten dollars shall hereafter be assessed in all county and state assessments."  (Votes and Proceedings of the Senate of the State of Maryland 1800, p.43).  The House of Delegates refused to go along with this amendment, and the bill was defeated again.  Members of the House of Delegates sent a reply to the Senate saying that "we cannot, consistent with the principles of liberality and of nature, suppose that taxable property is the only interest or attachment that binds men to society; and when we reflect that liberty is the common and natural right of all men, we cannot agree to sanction that doctrine which makes property the measure of it..."

Scharf writes that in the elections of 1801, Democrats won a majority in both houses, and the bill easily passed in that year.  Scharf does not say who introduced the bill that eventually passed, but L. Marx Renzulli, Jr., in Maryland Federalism 1787-1819, writes on p. 298 that it was Delegate Edward Lloyd of Talbot County (son of the former Senator James Lloyd who had co-authored the Sedition Act of 1798) who introduced the bill in the December Session of 1800.   Renzulli writes that the Senate caved into pressure from the House of Delegates to pass the bill in December 1801 because members of the House "played their trump card by threatening to demand the calling of a constitutional convention to make the Senate an elective body." (p. 299).  He writes that Samuel Chase, at that time a member of the U.S. Supreme Court, opposed the bill (p. 307).  Renzulli points out that since the original bill failed to make clear that voters could also vote in congressional and presidential elections, it was necessary to pass ch. 83 in 1909 (ratified 1810) in order to clarify the matter (p. 298).

Legislative history of ch. 198, Acts of 1809--Removed the property qualifications that were still required for "persons holding offices of profit or trust" in the state.
Discussed in J. R. Pole, "Constitutional Reform and Election Statistics in Maryland 1790-1812."  Maryland Historical Magazine 55 (December 1960):  275-92. Pole writes on p. 278  that a bill to abolish all property qualifications for holding elective office had passed in the house of Delegates as early as 1791 but had failed to be confirmed in the next legislative session.  Scharf briefly discusses the bill and writes (p. 611) that John H. Thomas introduced the bill in November 1809 that resulted in ch. 198, Acts of 1809, "An act to alter and abolish all such parts of the Constitution and Form of Government as require a property qualification in Persons to be appointed or holding offices of profit or trust in this State, and in Persons elected Members of the Legislature or Electors of the Senate."  The bill was introduced on November 7, 1809William E. Seth of Talbot County, Stevenson Archer, Sr. of Harford County (father of the future Maryland treasurer and U.S. Representative), and Theodorick Bland of Baltimore City formed a committee "to prepare and bring in" the bill (Votes and Proceedings, November 1809, p. 1110).  It was ratified in 1810.

Legislative history of ch. 167, Acts of 1809--Made it illegal for the general assembly to "lay an equal and general tax, or any other tax, on the people of this state, for the support of any religion."  The Act simultaneously repealled and annulled the several clauses and sections of the declaration of rights and constitution that had made the tax possible in the past.
 

Secondary sources:
Brewer, James H. Fitzgerald.  "The Democratization of Maryland 1800-1837," in Morris L. Radoff, ed., The Old Line State:  A History of Maryland.
        Annapolis:  The Hall of Records Commission, 1971.
Everstine, Carl N.  The General Assembly of Maryland 1776-1850.  Charlottesville, VA:  The Michie Company, 1982.
Niles, Alfred S.  Maryland Constitutional Law. Baltimore: 1915.  (At Law Library:  KFM1600 .N5 1915)
Pole, J. R.  "Constitutional Reform and Election Statistics in Maryland 1790-1812."  Maryland Historical Magazine 55 (December 1960):  275-92.
Report of the Constitutional Convention Commission (August 25, 1967).  Annapolis:  State of Maryland, 1967.  -- General list of amendments only.
Renzulli, L. Marx, Jr.  Maryland Federalism 1787-1819.  PhD Diss., U. of Va., 1962. (At Law Library:  JK2308 .R4 1962)
Report of the Constitutional Convention Commission (August 25, 1967).  Annapolis:  State of Maryland, 1967.  --  General list of amendments only.
Riley, Elihu S.  History of the General Assembly of Maryland 1635 - 1904.  Baltimore:  Nunn & Co., Publishers, 1905.--General list of amendments only.
Scharf, J. Thomas.  History of Maryland:  From the Earliest Period to the Present Day.  3 vols., 1879.  Reprint, Hatboro, PA:  Tradition Press, 1967.
Steiner, Bernard C.  Citizenship and Suffrage in Maryland.  Baltimore:  Cushing & Co., 1895.   (At Law Library:  JK1936.M3 S8 1895)

Newspaper Articles:
"Legislature of Maryland:  House of Delegates Wednesday November 7, 1810."  The Maryland Gazette, 14 November 1810.  Maryland State Archives SPECIAL COLLECTIONS (Maryland State Law Library Collection of the Maryland Gazette) MSA SC 2311-1-27, 0/62/7/13.
"Leave given to bring in a bill ... to confirm an act passed at November session, 1809, entitled, an Act to alter and abolish all such parts of the constitution and form of government as require a property qualification in persons to be appointed or holding offices of profit or trust in the state, and in persons elected members of the legislature, or electors of the Senate...
 

Archives of Maryland:
Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1791
Votes and Proceedings of the Senate of the State of Maryland November Session 1791

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1794
Votes and Proceedings of the Senate of the State of Maryland November Session 1794

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1797
Votes and Proceedings of the Senate of the State of Maryland November Session 1797

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1798
Votes and Proceedings of the Senate of the State of Maryland November Session 1798

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1800.
Votes and Proceedings of the Senate of the State of Maryland November Session 1800

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1801
Votes and Proceedings of the Senate of the State of Maryland November Session 1801

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1802
Votes and Proceedings of the Senate of the State of Maryland November Session 1802

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1804
Votes and Proceedings of the Senate of the State of Maryland November Session 1804

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1806
Votes and Proceedings of the Senate of the State of Maryland November Session 1806

Votes and Proceedings of the House of Delegates of the State of Maryland November Session 1809
Votes and Proceedings of the Senate of the State of Maryland November Session 1809