summoned from Kent, Dorchester, and
Somerset. The answer was that it was
not desirable to burden these "poor and
new erected Countys with more dele-
gates than formerly they used to
have."31
In the 1676 election the sheriffs were
authorized to have four delegates se-
lected from each county. Only two dele-
gates, however, were summoned from
each county to sit in the assembly.32
The governor was petitioned thereafter
that a fixed number of delegates be
elected and that they all be summoned
to each assembly session. The governor,
perhaps mindful of Bacon's Rebellion
in Virginia and of similar unrest in
Maryland, agreed.33 In the next ses-
sion, in 1678, all four delegates were
summoned from all the counties. An
act of that session required the election
of four delegates per county and that
all delegates attend each session with-
out waiting for or the need of a sum-
mons to attend the sessions.34
Despite the 1678 law the sheriffs were
instructed in 1681 to have only two
delegates elected in each county. The
Lower House protested, but to no avail.
In 1682 Lord Baltimore addressed the
Assembly in person, saying that due to
the frequent assemblies he thought it
necessary to reduce expenses by sum-
moning only two delegates from each
county.36 The Lower House responded
by sending the Upper House a bill
allowing the freemen of each county to
decide whether to have two, three, or
four delegates. Lord Baltimore refused
to give the freemen this discretion.
Finally in 1683, when resolution of the
31 Id. at 48.
32 7 archives 1 18.
33 mereness, supra note 8, at 201.
34 7 archives 60.
35 7 archives 334.
136
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dispute had proved unattainable, the
Lower House gave up the struggle.
The situation continued unchanged
until the province came under royal
government. Then, in the 1692 session,
the assembly directed the election of
four delegates and guaranteed each
county's right to full representation at
every session.36 Thenceforth, for the
remainder of the colonial period, the
representation of the counties remained
fixed. The only other noteworthy event
during this period was giving the Lower
House the title of "House of Delegates"
in 1695.
The colonial period thus saw a tran-
sition from required direct participation
of all freemen in the legislature, to rep-
resentation by proxy or by delegate, to
final representation by elected burgesses.
The basis of representation started on a
pure one vote per freeman and ended
on a basis of four representatives per
county without regard for county popu-
lations. The principle also became
established that all elected representa-
tives were to be summoned to assembly
sessions. The practice of electing the
same number of representatives from all
counties but summoning only part of
them could have given rise, if continued,
to problems paralleling those of appor-
tionment. The firm establishment of
equal representation of all counties
obviated the need to consider appor-
tionment problems.
THE 1776 CONSTITUTION
The American Revolution destroyed
the Charter as a valid basis for govern-
ing Maryland and led directly to the
adoption of the Constitution of 1776.
This Constitution provided for a House
of Delegates and a Senate, neither of
which was apportioned on the basis of
population.
36 13 archives 541.
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