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('tT1'I.I,NS~I(1' AND SUFFRAGE IN MARYLAND.
(ll. FROM THE CONBTITITTION OF 1776 TO THE DIVISION OF THE COUNTIES
AND TIll~ ESTABLISHMENT OF WHITE SUFFRAGE:.
With the Constitution of 1776 our third period begins. It. was adopted by
the
Convention in tile summer of 1776, and was never submitted to popular vote.
In a measure, the popular approval was considered as given in advance, for
the Convention, whiclijranled the Constitution, was "elected for the express
purpose of forming a=new government by the authority of the people only,
:(nd enacting and ordering all things for the preservation, safety, and
general
-,veal of this Colony.'-'-1--- This Convention sat from August 14 to
November
11, 1 ii6. _-.
In the Bill of R;z,hts' it is stated "that the right in the people to
participate in the Legislature is the best security of liberty and tile
founda-
tion of free governrtient and, for this purpose, elections ought to be free
lind frequent and every man, having property in common ~witli, and an
,lttachilient to the co114nunity, ought to have the right of snfl'a.ge."
This
broad and noble sentiment, falling short of universal suffrage, only by
limiting it to property holders, was narrowed in the second Constitution,
that
or 18;51, by inserting after "every" the words "free white male citizen,
having
the qualifications prescribed by the Constitution," a limitation found in
the
two subsequent Constitutions, those of 1864 and 1867, and only nullified by
the Fifteenth Ainendinent to the United States Constitution.
In the Constitution=of 1776, the suffrage was bestowed upon all, white or
bhlck,:l above twenty=:one years of age, with freehold of fifty acres in the
county, in which they live and vote, or property over the value of t30
current
nl(Inev,' in the State, and resident in the county over a year. Yearly, at
court house. or such -convenient place as the Legislature appoint, these
electors should choose,, viva, voce, four delegates to the Assembly, and,
quin-
qltennially. on the general ticket' two electors from each county, and one
each from the city of->tnna.polis and town of Baltimore, A\-lio, meeting at
tile
('upit,il, should choose -the Senate of fifteen members.
'flee electors" also chose, by ballot, triennially two men, from whom tile
Gm-el-nor selected one to serve as Sheriff, a practice which lasted until
1564.
h;l(~('ti(liis- should not last over four days and the Sheriff, or leis
deputy,
wssisted by two Jitstices of the Peace, should be judges of election. Ill
Alump(llis. Al, qualified to vote for Burgesses by city charter, were
electors,
(1 ~ Procee(lin_s of Conventions, p. 184, July 3,1(iG.
t2i _\rt. .
i3( :\rt. -. 1-ide Debates of \I(i. Reform Convention, pp. 30, 40, (1851.1
Also, Anderson vs. Baker, ;23 'Mil. Reports
pi.. 5i!1 all(I lill;.
it i 'fhe Court of appeal., in the case of natclieson vs. Tilden (4 11.3-
3ic~l. Repts.l7fil decided that property qualifi-
(':(t ion 1'((r an ofieer (nust be both real and personal. that trust funds
could not be included nor could a pew in a church,
t(I:(iin(-(I as real property. Probably the sane would have been true of
voters.
5~ Arts. 14.-1=. System praised by-\ladison, "Federalist"LSlll.
0;~ 'I'1(e o rhainal draft provided for annual Sheriff's elections. Motions
to elect them rim rote. and to have them
appointed I- the Governor were voted down in Convention, as were
propositions to elect .Justices of the Peace. Cottt1tc
('I(•rks. and ~urvey-ors were annually.
(,?~ Art. 3. lieturns rent by the Sheriff to the Chancellor.
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