"A common interest with, and an attachment
to the community;—and"
Mr. BOWIE said he hoped the amendment
would be accepted by the Chairman of the com-
mittee on the declaration of rights, [Mr. Dorsey,]
and that it would be adopted without discussion.
Mr. DORSET said, the only objection to the
amendment was that it was unnecessary, and
might lead to some difficulty, because, although
the voter might have every other qualification,
yet a question might arise with the judges of
election, whether he did, in fact, possess a com-
mon interest with, and an attachment to the com-
munity.
The question was then taken, and the amend-
ment was rejected.
And the fifth article was then adopted.
The sixth article was read as follows:
Art. 6. That the legislative, executive and
judicial powers of government ought to be for-
ever separate and distinct from each other.
Mr. BRENT, of Baltimore city, moved the fol-
lowing amendment:
Add at the end of the article the following
words:
"And no person or persona exercising the
functions of one of said departments, shall as-
sume or discharge the duties of any other."
Mr. DORSEY suggested that there was one dif-
ficulty which presented itself to his mind, if this
amendment should be adopted. It might exclude
the Senate of Maryland, that highest tribunal,
appointed by the Constitution of Maryland, from
sitting as a court of appeals.
Mr. BRENT said he presumed that the Consti-
tution would make provision for that case. He
had offered his amendment, because the old arti-
cle in the bill of rights did not prevent a mem-
ber of the Legislature from being a judge, or
even the executive. He, therefore, desired to
exclude from the Legislature, any member of
the judiciary, and from the judiciary any mem-
ber of the Legislature. The subject had been
discussed here at an earlier stage of the session ;
and he saw no harm that could result from his
amendment.
The question was then taken, and by yeas 34,
noes 26, the amendment of Mr. BRENT was
adopted.
And the sixth article, as thus amended, was
adopted.
The 7th, 8th, 9th, 10th, 11th, and 12th articles
were severally read and adopted, as follows:
Art. 7. That no power of suspending laws, or
the execution of laws, unless by or derived from
the Legislature, ought to be exercised or al-
lowed.
Art. 8. That freedom of speech and debates,
or proceedings in the Legislature, ought not to
be impeached in any court of judicature.
Art. 9. That Annapolis be the place for the
meeting of the Legislature; and the Legislature
ought not to be convened or held at any other
place but from evident necessity.
Art. 10. That for the redress of grievances,
and for amending, strengthening and preserving
the laws, the Legislature ought to be frequently
convened.

Art. 11. That every man hath a right to peti-
tion the Legislature for the redress of grievances
in a peaceable and orderly manner.
Art. 12. That no aid, charge, tax, burthen,
fee or fees, ought to be set, rated or levied, un-
der any pretence, without the consent of the
Legislature.
The thirteen article was read as follows:
Art. 13. That paupers ought not to be assessed
for the support of Government, but every other
person in the State, or person holding property
therein, ought to contribute his proportion of
public taxes, for the support of Government,
according to his actual worth in real or personal
property; yet fines, duties or taxes may properly
and justly be imposed or laid, on persons or pro-
perty, with a political view, for the good govern-
ment and benefit of the community.
Mr, KILGOUR moved to amend the said article
by inserting the following words immediately
preceding the first word of the said article:
"That the levying taxes by the poll is grievous
and oppressive, and ought to be abolished,"
Mr. DORSEY stated that this subject had been
before the Committee. There was a question
under consideration, on the subject of raising a
capitation tax. or poll tax, for the purpose of
education. The Committee had thought it best
to strike it out, and leave it to the Legislature to
act. It was for the Convention to decide this
question. There was a great deal of contradictory
opinion on the subject among the people. Many
persons who subsisted on their labor were willing
to be taxed for this object, while others were
not. If the tax was laid under a constitutional
provision, it must remain. If the Legislature
imposed the tax, and it proved unacceptable to
the people, it could be repealed.
Mr. MAGRAW asked the yeas and nays on the
amendment, which were ordered, and being
taken, resulted as follows;
Affirmative.— Messrs. Morgan, Weems, Dalrym-
ple. Sellers, Jenifer, Buchanan, Welch, Colston,
Eccleston, Phelps, Miller, Bowie, Spencer, Gra-
son, George, Wright, Dirickson, McMaster,
Shriver, McHenry, Magraw, Nelson, Thawley,
Hardcastle, Gwinn, Stewart of Baltimore city,
Brent of Baltimore city, Presstman, Ware, Fie-
ry, Kilgour, Brewer, Weber, Hollyday, Slicer,
Fitzpatrick and Shower—38.
Negative.—Messrs. Chapman, President, Blak-
istone, Dent, Hopewell, Lee, Chambers of Kent,
Mitehell, Donaldson, Dorsey, Wells, Randall,
Kent, Bond, Brent of Charles, Merrick, Bell,
Ridgely, John Dennis, Crisfield, Dashlell, Wil-
liams, Goldsborough, Chambers of Cecil, Mc-
Lane, Sprigg, McCubbin, Fooks, Jacobs, Sap-
pington, John Newcomer and Cockey—31.
So the amendment was adopted.
And the question recurring on the adoption of
the article as thus amended:
Mr. RANDALL moved the following amend-
ment:
Insert in the fifth line of the article after the
word "property," the words "within the State."
Mr. RANDALL said, that his amendment pro-