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Proceedings of the Senate, 1800
Volume 93, Page 47   View pdf image (33K)
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VOTES and PROCEEDINGS, November Session, 1800.            47

By the HOUSE of DELEGATES, December 19, 1800.

    Whereas by the insolvent acts passed this session, each insolvent, at the time he petitions for relief, is to pay
a tax of five dollars each, which was intended for the chancellor, in consideration of the additional duties imposed
on him:  And whereas doubts are entertained whether consistently with the bill of rights and the constitution,
the money arising from said taxes can be paid over to the chancellor, and it being unreasonable that additional
duties should be imposed on a public officer without compensation; therefore, RESOLVED, That the treasurer
of the western shore pay to the chancellor the sum of five hundred dollars, in addition to his salary.
                                                            By order,                                                    W.  HARWOOD, clk.
    Which was read the first and second time by especial order and assented to.
The following message:
By the HOUSE of DELEGATES, December 19, 1800.
        GENTLEMEN OF THE SENATE,
    HAVING finished all the business on our table, we propose, with the concurrence of your house, to meet this
evening at 6 o'clock, in order that the laws passed this session may be signed and sealed.
                                                            By order,                                                    W.  HARWOOD, clk.
The following message and bill therein mentioned.
By the HOUSE of DELEGATES, December 19, 1800.
        GENTLEMEN OF THE SENATE,
    WE have received you answer to our message, and equally impressed with yourselves with the opinion, that 
each branch of this legislature have an equal constitutional power to act on this important and interesting subject,
we shall only state, in a few words, why we conceive you do not adhere in your amendment to the principles on
which you inform us it was originally grounded.  We admire the principle laid down by the bill of rights, that
every man having property in, a common interest with, and an attachment to, the community, ought to have the
right of suffrage; but will this be effectuated by your amendment?  We conceive not, for no one will by it be suffered
to vote, unless he has property assessed or taxed to a certain amount; the consequence will then be, that
those men who possess every tie, except the mercenary qualification of fortune, to endear and attach them to
society, will be deprived of the right of suffrage, and we cannot, consistent with the principles of liberality and
of nature, suppose that taxable property is the only interest or attachment that bonds 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.  Admitting your second objection in the fullest latitude, yet we conceive
it cannot effect the principles of the bill to which it is applied; for it will be difficult to point out the man, however
humble and obscure his situation, who does not consume some taxable article, and thereby contributes his
mite to the support of government.
    We cannot, being the representatives of an independent people, agree to make error, though sanctioned by
the example of other states, a rule for our conduct.
    The advantages arising from the written evidence of the qualification of voters may be great, when compared
with the offensive mode hitherto used, but on reflection you will find the confidence reposed in the people, by the
provisions of our bill, will remedy the evil now existing, and render all written evidence unnecessary.
    We are happy to find, that by your amendment you meant not to exclude any person now constitutionally entitled,
to the privilege of voting; on this subject permit us to refer you to the amendment itself, and only to observe,
that if words are there used to convey ideas in their general accepted sense, the consequence would be
that no man, unless actually assessed, could be admitted to vote.
    Your second amendment we have agreed to, and return the bill for your reconsideration.
                                                            By order,                                                    W.  HARWOOD, clk.
    Which were read.
And delivers the engrossed bills No. 79, 80, 81, 82, 83, 84 and 85, with the paper bills thereof; which engrossed
bills were severally endorsed; " By the house of delegates, December 18, 1800:  Read and assented to.
                                                            " By order,                                                  W.  HARWOOD, clk."
    The following message was prepared, read, agreed to, and sent to the house of delegates by the clerk.
By the SENATE, December 19, 1800.
        GENTLEMEN,
    WE shall, agreeably to your proposition, adjourn until six o'clock this evening.
                                                              By order,                                                  W. S.  GREEN, clk.
The senate adjourns till six o'clock.

P    O    S    T        M    E    R    I    D    I    U    M.

    THE senate met.
    The resolution in favour of the securities of William S. Bond, the amendments thereto, the resolution in favour
of the securities of Dennis Griffith, the resolution in favour of the chancellor, the bill to empower the
judges of the court of appeals to reinstate the cause of Job Garretson against Richard Cole, and the paper bills
No. 79, 80, 81, 82, 83, 84 and 85, were sent to the house of delegates by the clerk.

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Proceedings of the Senate, 1800
Volume 93, Page 47   View pdf image (33K)
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