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Journal of the House of Delegates, 1805
Volume 553, Page 43   View pdf image (33K)
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VOTES AND PROCEEDINGS, NOVEMBER SESSION, 1805. 43

" will pass with the proposed amendments; " which amendments were read the first and second time, agreed
to, and the bill ordered to be engrossed. And the bill granting additional compensation to the harbour-master
or the port of Baltimore, endorsed. " will pass. " Ordered to be engrossed.

The house, according to the order of the day, proceeded to the second reading of the bill to provide for the
election of the governor by the people, and to abolish all those parts of the constitution and form of govern-
ment which relate to the council to the governor, and the time and manner of electing the governor, and for
other purposes; on motion, the question was put, That the words " to the council" be stricken out of the
title of said bill ? The yeas and nays being required, appeared as follow:

AFFIRMATIVE.

Scott, B Mackall, Spencer, Blake, Montgomery, Bayard, Bowles, Rizer,
Merriken, Lemmon, Dickinson, Cockey, Street, Turpin, Yates, Cresap. 53.
Dorsey, Harryman, Henderson, Kuhn, Holbrook, Stephen, Tomlinson,

NEGATIVE.

Neale, Mercer, Denny, Ward, Hail, Bishop, Ellicott, Selby,

Hebb, Parnham, Bayly, Smoot, Contee, Hawkins, Smith, Watts,

Plater, M'Pherson, Cottman, Cox, Callis, Waters, Ringgold, Linthicum,

Hunt, Chapman, Frazier, Moffit, Shaaff, Jump, Carroll, Bruce. 37.

Gale, Ogden, Ennalls, Van-Horn, Sturgis,

So it was determined in the negative.

On motion, the question was put, That the following clause be stricken out ? viz. " Be it enacted, by the
general assembly of Maryland, That all the powers exercised by the governor alone, or by the governor, by
and with the advice and consent of the council, or by the governor with the concurrence of the council, or by
the council, according to the constitution and laws of this state, be and the same are hereby vested in a gover-
nor, to be appointed and elected in the manner herein prescribed, and all returns directed to be made to the
governor and council shall be made to the governor. " The yeas and nays being required, appeared as follow:

AFFIRMATIVE.

Scott, Lemmon, Dickinson, Blake, Cockey, Holbrook, Stephen, Yates,

Gale, Harryman, Henderson, Gleaves, Kuhn, Bayard, Bowles, Tomlinson,

Merriken, Spencer, Porter, Hawkins, Montgomery, Turpin, Smith, Rizer,

Dorsey, Denny, Shaaff, Waters, Street, Jump, Ringgold, Cresap. 33.

B. Mackall,

NEGATIVE.

Neale, Mercer, Ogden, Ennalls, Moffit, Callis, Ellicott, Watts,

Hebb, Parnham, Bayly, Ward, Van-Horn, Sturgis, Carroll, Linthicum,

Plater, M'Pherson, Cottman, Smoot, Hall, Bishop, Selby, Bruce. 29,

Hunt, Chapman, Frazier, Cox, Contee,

So it was resolved in the affirmative.

On motion, the question was put, That the words " And be it enacted, " be stricken out of the second clause
of said bill ? Resolved in the affirmative.

The question was then put, That the words " Be it enacted, by the general assembly of Maryland, " be in-
serted in lieu of the words stricken out ? Resolved in the affirmative.

On further progression in reading the said bill, the question was put, That the following be inserted as an
amendment after the 9th clause ? " And be it enacted, That the governor shall have and exercise all the powers
now exercised by the governor alone, or by the governor by and with the advice and consent of the council,
according to the constitution and laws of this state; provided, that the governor shall not have power to make
any appointment to office without the advice and consent of the senate, except that during the recess of the
senate he may fill all vacancies that may happen by granting commissions which shall expire at the end of their
next session. " The yeas and nays being required, appeared as follow:

AFFIRMATIVE.

Neale, Mercer, Chapman, Cottman, Smoot, Sturgis, Carroll, Warts,
Hebb, Parnham, Ogden, Ennalls, Van-Horn, Ellicott, Selby, Linthicum. 21.
Plater, M'Pherson, Bayly, Ward, Callis,

NEGATIVE.

Scott, Lemmon, Frazier, Hall, Bishop, Montgomery, Jump, Yates,
Gale, Harryman, Cox, Contee, Hawkins, Street, Stephen, Bruce,
Merriken, Spencer, Henderson, Shaaff, Waters, Holbrook, Bowles, Tomlinson,
Dorsey, Denny, Moffit, Blake, Cockey, Bayard, Smith, Rizer,

B. Mackall, Dickinson, Porter, Gleaves, Kuhn, Turpin, Ringgold, Cresap. 40.

So it was determined in the negative.

On motion, the question was put, That the further consideration of said bill be referred to the next general
assembly ? The yeas and nays being required, appeared as follow:

AFFIRMATIVE.

Neale, Parnham, Frazier, Moffit, Bishop, Bayard, Ringgold, Linthicum,

Mater, M'Pherson, Ennalls, Porter, Hawkins, Turpin, Yates, Brace,

Scott, Spencer, Ward, Van Horn, Cockey, Jump, Carroll, Tomlinson,

Hunt, Denny, Smoot, Contee, Kuhn, Ellicott, Selby, Rizer,

Mercer, Bayly, Cox, Callis, Holbrook, Smith, Watts, Cresap. 44.

Dorsey, Cottman, Henderson, Shaaff,

 

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Journal of the House of Delegates, 1805
Volume 553, Page 43   View pdf image (33K)
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