1776.
PROCEEDINGS of CONVENTION.
On motion of Mr. S. Chase, the question
was put, that the following be inserted as an article in the
form of government? " That no person who refused
(unless from religious principles) and did not subscribe
the association on or before the fourth day of July last,
shall at any time hereafter be qualified to hold
any office of profit or trust in this state, unless by
act of the general assembly." Carried in the negative.
A F F I R M A T I
V E
Messieurs
Barnes,
Hooe,
Dent,
Parnham, |
Bowie,
B. Hall,
Sprigg,
Marbury, |
J. Hall,
Worthington,
S. Chase, |
Bayly,
Sheredine,
Edelen, |
Beall,
Stull,
J. T. Chase, |
Gilpin,
D. Smith,
Kent. |
N E G A T I V E
Messieurs
Fenwick,
Plater,
Fitzhugh,
J. Mackall,
J. Wilson, |
Williams,
Fischer,
Shriver,
Ridgely,
Deye, |
Stevenson,
Shepherd,
Bond,
Love,
Archer, |
Brevard,
T. Smyth,
S. Wright,
Gibson, |
Mason,
Dickinson,
Johnson,
Gustavus Scott, |
George Scott,
Horsey,
Bishop,
Mitchell. |
The convention having gone through
the form of government paragraph by paragraph, and made several
additions and amendments, the same was agreed to as follows:
The CONSTITUTION and FORM of GOVERNMENT,
agreed to by the DELEGATES of MARYLAND in free and full CONVENTION assembled.
1. THAT the legislature consist
of two distinct branches, a senate, and a house of delegates, which
shall be styled The General Assembly of Maryland.
2. That the house of delegates
shall be chosen in the following manner: All freemen, above twenty-one
years of age, having a freehold of fifty acres of land in the county in
which they offer to vote, and residing
therein, and all freemen, having property in this state above the value
of thirty pounds current money, and
having resided in the county in which they offer to vote one whole year
next preceding the election, shall
have a right of suffrage in the election of delegates for such county;
and all freemen so qualified shall, on
the first Monday of October, seventeen hundred and seventy-seven, and on
the same day in every year
thereafter, assemble in the counties in which they are respectively qualified
to vote, at the court-house
in the said counties, or at such other place as the legislature shall direct;
and when assembled, they
shall proceed to elect, viva voce, four delegates for their respective
counties of the most wise, sensible, and
discreet of the people, residents in the county where they are to be chosen
one whole year next preceding
the election, above twenty-one years of age, and having in the state real
or personal property above the
value of five hundred pounds current money; and upon the final casting
of the polls, the four persons
who shall appear to have the greatest number of legal votes, shall be declared
and returned duly elected
for their respective county.
3. That the sheriff of each county, or in case
of sickness, his deputy, (summoning two justices of the
county, who are required to attend for the preservation of the peace) shall
be judge of the election, and
may adjourn from day to day, if necessary, till the same be finished, so
that the whole election shall be
concluded in four days; and shall make his return thereof under his hand,
to the chancellor of this state for
the time being.
4. That all persons, qualified by the charter
of the city of Annapolis to vote for burgesses, shall, on the
same first Monday of October, seventeen hundred and seventy-seven, and
on the same day in every year
for ever thereafter, elect, viva voce, by a majority of votes, two
delegates, qualified agreeable to the said
charter; that the mayor, recorder and aldermen, of the said city, or any
three of them, be judges of the
election, appoint the place in the said city for holding the same, and
may adjourn from day to day as
aforesaid, and shall make return thereof as aforesaid; but the inhabitants
of the said city shall not be entitled
to vote for delegates for Anne-Arundel county, unless they have a freehold
of fifty acres of land in
the county, distinct from the city.
5. That all persons, inhabitants of Baltimore-town,
and having the same qualifications as electors in
the county, shall on the same first Monday of October, seventeen hundred
and seventy-seven, and on the
same day in every year for ever thereafter, at such place
in the said town as the judges shall appoint, elect,
viva voce, by a majority of votes, two delegates, qualified as aforesaid;
but if the said inhabitants of the
town shall so decrease, as that the number of persons having right of suffrage
therein shall have been, for
the space of seven years successively, less than one half of the number
of voters in some one county in this
state, such town thenceforward shall cease to send two delegates or representatives
to the house of delegates,
until the said town shall have one half to the number of voters in some
one county in this state.
6. That the commissioners of the said town, or
any three or more of them, for the time being, shall be
judges of the said election, and may adjourn as aforesaid, and shall make
return thereof as aforesaid; but
the inhabitants of the said town shall not be entitled to vote for or be
elected delegates for Baltimore
county, neither shall the inhabitants of Baltimore county, out of the limits
of Baltimore-town, be entitled
to vote for or be elected delegates for the said town.
7. That on refusal, death, disqualification, resignation,
or removal out of this state, of any delegate, or
on his becoming governor, or member of the council, a warrant of election
shall issue by the speaker, for
the election of another in his place, of which ten days notice at least,
excluding the day of notice and
the day of election, shall be given.
8. That not less than a majority of the delegates,
with their speaker, (to be chosen by them by ballot)
constitute a house for the transacting any business, other than that of
adjourning.
9. That the house of delegates shall judge of
the elections and qualifications of delegates.
10. That the house of delegates may originate
all money bills, propose bills to the senate, or receive
those offered by that body, and assent, dissent, or propose amendments;
that they may inquire, on the oath
of witnesses, into all complaints, grievances and offences, as the grand
inquest of this state, and may commit
any person for any crime to the public gaol, there to remain till he be
discharged by due course of
law; they may expel any member for a great misdemeanour, but not a second
time for the same cause;
they may examine and pass all accounts of the state, relating either to
the collection or expenditure of the
revenue, or appoint auditors to state and adjust the same; they may call
for all public or official papers
and records, and send for persons, whom they may adjudge necessary, in
the course of their inquiries, concerning
affairs relating to the public interest, and may direct all office bonds
(which shall be made payable
to the state) to be sued for any breach of duty.
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