1776.
PROCEEDINGS of CONVENTION.
30. That the independency and
uprightness of judges are effectual to the impartial administration of
justice, and a great security to the rights and liberties
of the people; wherefore the chancellor, and all
judges and justices, ought to hold commissions during
good behaviour, removeable only for misbehaviour,
on conviction in an court of law, or by a vote of the
legislature. That salaries liberal, but not profuse,
ought to be secured to the chancellor and the judges,
during the continuance of their commissions, and reasonable
salaries, or fees, allowed to the officers; no chancellor
or judge ought to hold any other office civil
or military, or receive fees or perquisites of any kind.
31. That a long continuance
in the first executive departments of power or trust, is dangerous to liberty,
a rotation therefore in those departments is one of the
best securities of permanent freedom.
32. That no person holding a
place of profit, or receiving any part of the profits thereof, or receiving
the profits or any part of the profits arising on any
agency for the supply of cloathing or provisions for the
army or navy, or holding any office under the United
States, or any of them, or a minister or preacher of
the gospel of any denomination, or any person employed
in the regular land service, or marine, of this, or
the United States, ought to have a seat in the legislature
or the council of this state.
33. That no person ought to
hold at the same time more than one office of profit, nor ought any person
in public trust to receive any present from any foreign
prince, or state, or from the United States, or
any of them, without the approbation of this state.
34. That as it is the duty of
every man to worship God in such manner as he thinks most acceptable to
him, all persons professing the christian religion are
equally entitled to protection in their religious liberty,
wherefore no person ought by any law to be molested in
his person or estate on account of his religious
persuasion or profession, or for his religious practice,
unless under colour of religion any man shall disturb
the good order, peace or safety of the state, or shall
infringe the laws of morality, or injure others in their
natural, civil or religious rights; nor ought any person
to be compelled to frequent or maintain, or contribute,
unless on contract, to maintain any place of worship,
or ministry; but the churches, chapels,
glebes, and all other property now belonging to the church
of England, ought to remain to the church of
England for ever. And all acts of assembly lately
passed for collecting monies for building or repairing
particular churches or chapels of ease, shall continue
in force and be executed, unless the legislature shall
by act supersede or repeal the same; but no county court
shall assess any quantity of tobacco or sum of
money hereafter, on the application of any vestrymen
or churchwardens; and every incumbent of the
church of England who hath remained in his parish and
performed his duty, shall be entitled to receive the
provision and support established by the act, entitled,
An act for the support of the clergy of the church of
England in this province, till the next November court
to be held for the county in which his parish shall
lie, or partly lie, or for such time as he hath remained
in his parish and performed his duty.
35. That every gift, sale, or
devise of lands, to any minister, public teacher, or preacher of the gospel,
as such, or any religious sect, order or denomination,
or to or for the support, use or benefit of, or in trust
for, any minister, public teacher, or preacher of the
gospel, as such, or any religious sect, order, or denomination;
and every gift or sale of goods or chattels, to go in
succession, or to take place after the death
of the seller or donor, to or for such support, use or
benefit; and also every devise of goods or chattels to,
or to or for the support, use or benefit of, any minister,
public teacher, or preacher of the gospel, as such,
or any religious sect, order or denomination, without
the leave of the legislature, shall be void; except always
any sale, gift, lease or devise, of any quantity of land
not exceeding two acres, for a church, meeting,
or other house of worship, and for a burying ground,
which shall be improved, enjoyed or used, only for
such purpose, or such sale, gift, lease or devise, shall
be void.
36. That no other test or qualification
ought to be required on admission to any office of trust or profit,
than such oath of support and fidelity to this state,
and such oath of office, as shall be directed by this convention,
or the legislature of this state, and a declaration of
a belief in the christian religion.
37. that the city of Annapolis
ought to have all its rights, privileges and benefits, agreeable to its
charter, and the acts of assembly confirming and regulating
the same; subject nevertheless to such alteration
as may be made by this convention, or any future legislature.
38. That the liberty of the
press ought to be inviolably preserved.
39. That monopolies are odious,
contrary to the spirit of a free government, and the principles of commerce,
and ought not to be suffered.
40. That no title of nobility
or hereditary honours ought to be granted in this state.
41. That the subsisting resolves
of this and the several conventions held for this colony, ought to be in
force as laws, unless altered by this convention, or
the legislature of this state.
42. That this declaration of
rights, or the form of government to be established by this convention,
or
any part of either of them, ought not to be altered,
changed or abolished, by the legislature of this state,
but in such manner as this convention shall prescribe
and direct.
In progression on reading the declaration
of rights, the question was put, That the third article thereof
be concurred with? Resolved in the affirmative.
A F F I R M A T I
V E
Messieurs
Barnes,
Fenwick,
Jordan,
Dent,
Parnham,
B. Hall,
Sprigg,
Marbury, |
Hammond,
J. Hall,
Worthington,
S. Chase,
Paca,
Carroll,
J. Wilson, |
Bayly,
Sheredine,
Edelen,
Beall,
Stull,
J, Smith,
J. T. Chase, |
Gilpin,
D. Smith,
Brevard,
Ringgold,
Earle,
T. Wright,
Kent, |
Bruff,
S. Wright,
Edmondson,
Gibson,
Murray,
Potter,
Mason, |
Dickinson,
Johnson,
Gustavus Scott,
George Scott,
Horsey,
Chaille,
Mitchell. |
N E G A T I V E
Messieurs
Fitzhugh,
J. Mackall,
Williams, |
Fischer,
Shriver,
Ridgely, |
Deye,
Stevenson, |
Shepherd,
Bond, |
H. Wilson,
Love, |
Archer,
Ewing. |
In progression on reading the declaration
of rights, on motion of Mr. S. Chase, the question was put,
That instead of the 6th article, the following be submitted? " That
the legislative, executive and judicial
powers of government, or any two of them, ought not to be vested in the
same man or body of men."
Carried in the negative. The question was then put, That the sixth
article be concurred with? Resolved
in the affirmative.
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