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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 99   View pdf image
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99

representing at the time of the original appointment or vacancy,
the city or counties composing the several Judicial districts within
which those Judges respectively shall be required to perform their
judicial duties.

Mr. Gwinn, submitted the following preamble and resolutions

Whereas, doubts have arisen concerning the right of certain offi
cers of the State government to hold seats in this Convention, by
reason of prohibitions contained in the Constitution of the State,
and Bill of Rights; and whereas, it is proper that this Convention
as the sole Judge of the qualification of its members, should ex
press its sense upon the questions so occurring.

Resolved, That the Legislature, in passing the act to take the
sense of the people of the State as to the expediency of calling a
Convention, exercised a power heretofore acknowledged in the
adoption of the constitution of the United States by the State of
Maryland, and pursued the only practicable mode of ascertaining
the opinion of the people of the State as to the necessity of a
change in the organic law.

Resolved, That the Legislature of the State, in prescribing the
number of delegates to the said Convention, and in regulating the
manner and time of their election, acted in the ordinary exercise of
their legislative powers, as trustees of the public good, in order to
ensure a regular and undisturbed exercise of the popular will:
and that the members thereof do not hold any office created by the
Legislature, but occupy their places by virtue of the assent of
the people of this State to the calling of the said Convention, and
by virtue of the trust in them reposed by the constituencies which
they severally represent.
Resolved, That in the opinion of this Convention, the Consti
tution and Billof Rights are not in anywise applicable to persons
holding seats in this Body, otherwise than as the same may have
been, by general terms of reference, incorporated in the act under
the provisions of which this Convention was elected.

Resolved, That in the opinion of this Convention the people of
this State possess an inalienable right to reform their organic law
whenever they shall see fit to exercise the power: and that it is
right and proper that opportunity should be afforded from time to
time, by legislative provision, for ascertaining their will upon this
subject.

Which was read and laid on the table.

On motion of Mr. John Newcomer, it was
Ordered, That the committee on the Legislative Department
inquire into the expediency of fixing the compensation of the
members of the Legislature at three dollars per day.

On motion of Mr. Stephenson, it was
Ordered, That the committee on Corporations inquire into the
expediency of engrafting into the constitution an article prohibit


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 99   View pdf image
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