PROCEEDINGS of CONVENTION.
1776.
P O S T M E R I
D I E M.
Convention met.
In progression on reading the declaration
of rights, on motion of Mr. Earle, that the following be inserted
as an article therein; " That all persons who from religious
scruples esteem it unlawful to take an
oath on any occasion, may be allowed to make their solemn
appeal or affirmation in all civil and criminal
cases, in such manner as their religious principles have
induced them to point out for the attestation of the
truth." The previous question was called for and
put, Whether the above question be now put? Carried
in the negative.
It was then moved by Mr. Johnson,
that the following be inserted as an article in the declaration of
rights; " That the manner of administering an oath to
any person, ought to be such as those of the religious
persuasion, profession or denomination of which such
person is one, generally esteem the most effectual
confirmation by the attestation of the Devine Being,
and that the people called quakers, those called dunkers,
and those called menonists, holding it unlawful to take
an oath on any occasion, ought to be allowed
to be of the same avail as an oath, in all such cases
as the affirmation of quakers hath been allowed and
accepted within this state, instead of an oath; and further,
on such affirmation, warrants to search for stolen
goods, or the apprehension or commitment of offenders,
ought to be granted, or security for the peace
awarded, and quakers, dunkers, or menonists, ought also
on their solemn affirmation as aforesaid, to be
admitted as witnesses in all criminal cases not capital."
To which an amendment was proposed by Mr.
S. Chase, to strike out the latter part of the proposed
article, which follows in these words, " and quakers,
dunkers, or menonists, ought also, on their solemn affirmation
as aforesaid, to be admitted as witnesses in
all criminal cases not capital." On which amendment
the question was put and carried in the negative.
A F F I R M A T I
V E
Messieurs
Barnes,
Fenwick,
Dent, |
Parnham,
Grahame,
Bowie, |
Sprigg,
Marbury,
S. Chase, |
T. Wright,
Dickinson,
Gustavus Scott, |
George Scott,
Horsey,
Chaille, |
Bishop,
Mitchell. |
N E G A T I V E
Messieurs
Plater,
Fitzhugh,
J. Mackall,
Hammond,
J. Hall,
Worthington,
Paca, |
Carroll,
J. Wilson,
Bayly,
Williams,
Fischer,
Edelen, |
Shriver,
Beall,
Stull,
Ridgely,
Deye,
Stevenson |
J. Smith,
J. T. Chase,
Love,
Archer,
Gilpin,
Ewing, |
D. Smith,
Brevard,
Earle,
T. Smyth,
Kent,
Bruff, |
S. Wright,
Edmondson,
Gibson,
Potter,
Mason,
Johnson. |
The question was then put on the whole
article, and resolved in the affirmative.
The order of the day, that the convention
will resolve itself into a committee of the whole, consider
further of the form of government for this state, being
read, the same was referred till to-morrow.
Convention adjourns till to-morrow morning 9 o'clock.
S U N D A Y, November 3,
1776.
CONVENTION met. All members present
as on yesterday, except Mr. Ringgold, Mr. H. Wilson,
Mr. Shepherd, Mr. Jordan, Mr. Potter, Mr. J. Mackall,
Mr. B. Hall, Mr. Sprigg, Mr. Hammond,
and Mr. J. Wilson. The proceedings of yesterday
were read.
On motion of Mr. T. Wright, That the
following be inserted as an article in the declaration of rights;
" That if the eastern or western shore shall hereafter
judge it for their interest and happiness to separate
from the other, their right so to do is hereby acknowledged."
An amendment was proposed by Mr. Ewing
to be inserted after the words " that if," in the words
following, " a majority of qualified voters in
elections in every county on." Upon which amendment
the question was put, and resolved in the affirmative.
The question on the article so amended was then moved
for, and the previous question called
for and put, Whether the said question be now put?
Carried in the negative.
A F F I R M A T I
V E
Messieurs
Archer,
Earle,
T. Smyth, |
T. Wright,
Kent,
Bruff, |
S. Wright,
Edmondson,
Gibson, |
Mason,
Dickinson,
Gustavus Scott, |
George Scott,
Horsey,
Chaille, |
Bishop,
Mitchell. |
N E G A T I V E
Messieurs
Fenwick,
Plater,
Dent,
Parnham,
Grahame, |
Fitzhugh,
Bowie,
Marbury,
J. Hall,
Worthington, |
Paca,
Carroll,
Bayly,
Williams,
Fischer, |
Edelen,
Shriver,
Beall,
Stull,
Ridgely, |
Deye,
Stevenson,
J. Smith,
Bond,
Love, |
Gilpin,
Ewing,
D. Smith,
Brevard,
Johnson. |
The convention having gone through
the declaration of rights, paragraph by paragraph, the same was
amended, and agreed to as follows:
The DECLARATION of RIGHTS.
THE parliament of Great-Britain, by
a declaratory act, having assumed a right to make laws to bind
the colonies in all cases whatsoever, and in pursuance of such claim endeavoured
by force of arms to subjugate
the United Colonies to an unconditional submission to their will and power,
and having at length
constrained them to declare themselves independent states, and to assume
government under the authority
of the people, Therefore We, the delegates of Maryland, in free and full
convention assembled, taking into
our most serious consideration the best means of establishing a good constitution
in this state, for the
surer foundation, and more permanent security thereof; Declare,
1. That all government of right originates from
the people, is founded in compact only, and instituted
solely for the good of the whole.
2. That the people of this state ought to have
the sole and exclusive right of regulating the internal government
and police thereof.
3. That the inhabitants of Maryland are entitled
to the common law of England, and the trial by jury
according to the course of that law, and to the benefit of such of the
English statutes as existed at the time
of their first emigration, and which by experience have been found applicable
to their local and other circumstances,
and of such others as have been since made in England or Great-Britain,
and have been introduced,
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