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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Preface 64   View pdf image
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lxiv Introduction.

sion (p. 132). Immediately afterwards a petition from sundry inhabitants,
freeholders, and free voters in the corporation of the city of Annapolis was
presented for the consideration of the Lower House, which recited that a writ
of election directed to the mayor, recorder, and aldermen, of Annapolis had
been issued requiring them to proceed with the election of a delegate "in the
Room of Mr Walter Dulany who had disqualified himself by accepting a place
under the Government [Naval Officer of Patuxent] since the last General Elec-
tion, that on the fifth Day of October last past the Day appointed for the said
Elections there were present the said Walter Dulany as Mayor of the Corpora-
tion aforesaid together with five of the Aldermen of the said city and the said
Walter Dulany and John Hall were then proposed as Candidates the Honourable
Daniel Dulany Esqr Recorder being absent". The petition went on to say that
although a candidate Walter Dulany "sat and Acted as Mayor during the whole
Time of the said Election and did not withdraw himself from the Bench on
any Controversy about the Qualifications of the Electors but objected in his
Seat to the Qualification of such as Offered to vote against him and continued
his Seat as Mayor at all Times during such Controversies". The petitioners
further declared that his conduct as Mayor was unconstitutional and illegal,
that they had made objection but were overruled by the [mayor's] court, and
being overruled had entered these objections upon the polls; and that although
Dulany had the majority of votes it was believed that the election return
was void and tended to destroy the freedom of election; and the petitioners
prayed the house that justice be done (pp. 135-136). It was ordered that the
matter be heard on November 8 at the bar of the house; that the parties con-
cerned be empowered to summon witnesses; and "that the petitioners have
Leave to appear by Council". The Mayor, recorder, and aldermen were ordered
to attend with the original poll of the election, and Mr. Hodgkin, clerk of the
Mayor's court, was ordered to bring with him the minutes of the court pro-
ceedings taken at the election (pp. 135-136).

The committee on Elections and Privileges reported on November 8 that it
had duly inspected the writs of election and the returns for the election of all
delegates, and had found all in order, except that there were some technical
errors in the returns from Frederick County, and that "Mr Samuel Chase is
duly returned a delegate from the City of Annapolis and that Mr Walter
Dulany is only returned by the Aldermen of the City" (pp. 143-144). The
house after considering the petition relating to the Dulany election postponed
further consideration of it until November 12 (pp. 144-145). When the matter
then came up it was resolved by a vote of 26 to 21, all the Proprietary dele-
gates voting in the negative, that it be entered on the Journal that Walter
Dulany as Mayor sat in the chair on the bench during the time of the election,
and while sitting objected to the qualifications of some of the voters who offered
to vote against him; that there was no adjournment by order of the court
properly signified to; and that it appeared to the house that the return of
Dulany was made by four aldermen and was not signed by the recorder, who
was then absent. A vote was then taken as to whether a mayor of Annapolis
was eligible to serve as a delegate to the Assembly; this was decided in the


 

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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Preface 64   View pdf image
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