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or repeal the same; but no county court shall assess any quantity of tobacco or sum of money hereafter, on the application of any vestryman or church wardens; 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 entiled, "An act for the support of the clergy of the church of England in this province," till the November court of this present year, 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.

34. That every gift, sale, or devise of lands to any minister, public teacher or preacher of the gospel, as such, or to 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 doner, 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.

35. 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.

36. 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 Divine 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 make their solemn affirmation in the manner that Quakers have been heretofore allowed to affirm, and to be of the same avail as an oath in all such cases as the affirmation of Quakers have 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.

37. That the city of Annapolis ought to have all its rights, priviliges and benefits, agreeable to its charter and the acts of assembly confirming and regulating the same; subject nevertheless to such alterations 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.

Agreeable to the order of the day the convention resolved itself into a committee of the whole, to consider further of the form of government for this state; Mr. T. Wright in the chair. After some time spent therein, Mr. President resumed the chair, and Mr. Wright reported, that the committee had according to order taken into consideration the form of government for this state, and had come to several resolutions thereon, which they had directed him to report, which he read in his place, and afterwards delivered them in at the table where they were again read, and are as follow:

THE CONSTITUTION AND FORM OF GOVERNMENT.

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, residents of this state, above twenty-one years of age, having a freehold of fifty acres of land in the county in which they offer to vote, or 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 dele. gates 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 year thereafter, assemble in the counties in which they are respectively qualified to vote, at the court houses in the said counties, or at such other place as the legislature shall direct; and when assembled, or the major part of such of them as do assemble, shall elect, viva voce, four delegates for each county, of the most wise, sensible, and discreet of the people, residents in the county for which they are to be chosen one whole year next preceding the time of election, above twenty-one years of age, and having in the state real and personal property above the value of five hundred pounds current money.

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 judge 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.

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 said judges shall appoint, elect viva voce, by a majority of votes, two delegates, qualified as aforesaid.

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 delegates for Baltimore county, unless they have a freehold of fifty acres of land in the county without the limits of the said town.

7. "That on refusal, death, disqualification, resignation, or removal out of the 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 an 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 enquire, 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 jail, there to remain till he be discharged by due course of law; they may expel any member for a great misdemeanor, 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 judge necessary, in the course of their enquiries, 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.

11. "That the senate may be at full and perfect liberty to exercise their judgment in passing laws, and that they may not be compelled by the house of delegates and the public distress, either to reject a money bill which the emergency of affairs may require, or to assent to some other act of legislation, in their conscience and judgment injurious to the public welfare; the house of delegates shall not on any occasion, or under any pretence, annex to, or blend with a money bill, any matter, clause, or thing, not immediately relating to, and necessary for the imposing, assessing, levying or applying the taxes or suppiles, to be raised for the support of government, or the current expenses of the state; and to prevent altercation about such bills, it is declared, that no bill imposing duties or customs for the mere regulating of commerce, or inflicting fines for the reformation of morals, or to enforce the execution of the laws, by which an incidental revenue may arise, shall be accounted a money bill; but every bill assessing, levying or applying taxes or supplies for the support of government, or the current expenses of the state, or appropriating money in the treasury, shall be deemed a money bill.

12. "That the house of delegates may punish, by imprisonment, any person who shall be guilty of a contempt in their view, by any

disorderly or riotous behaviour, or by threats to, or abuse of, their members, or by any obstruction to their proceedings; they may also punish, by imprisonment, any person who shall be guilty of a breach of privilege, by arresting on civil process, or by assaulting any of their members, during their sitting, or on their way to or return from the house of delegates, or by any assault of, or obstruction to their officers, in the execution of any order or process, or by assaulting or obstructing any witness, or any other person, attending on, or on their way to or from, the house, or by rescuing any person committed by the house; and the senate may exercise the same power in similar cases.

13. "That the treasurers (one for the western and another for the eastern shore) and the commissioners of the loan office may be appointed by the house of delegates during their pleasure, and în case of refusal, death, resignations, disqualification, or removal out of the state of any of the said commissioners or treasurers, in the recess of the general assembly, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the meeting of the next general assembly.

14. "That the senate be chosen in the following manner: All persons, qualified as aforesaid to vote for county delegates, shall on the first Monday of September, 1781, and on the same day in every fifth year forever thereafter, elect viva voce, by a majority of votes, two persons for their respective counties, qualified as afore said to be elected county delegates to be electors of the senate; and the sheriff of each county or in case of sickness his deputy (sum÷ moning two justices of the county who are required to attend for the preservation of the peace) shall hold and be judge of the said election, and make return thereof as aforesaid.

15. "That the said electors of the senate meet at the city of Annapolis, or such other place as shall be appointed for convening the legislature on the third Monday in September, 1781, and on the same day in every fifth year forever thereafter, and they, or any twenty-four of them so met, shall proceed to elect, by ballot, either out of their own body, or the people at large, fifteen senators, (nine of whom to be residents on the western, and six to be residents on the eastern shore) men of the most wisdom, experience and virtue above twenty-five years of age, residents of the state above three whole years next preceding the election, and having therein real and personal property above the value of one thousand pounds current money.

16. "That the senators shall balloted for at one and the same

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