The Pennsylvania gazette — Philadelphia, Pa., 1776-11-27 00:00:00, page 2

6. That the commissioners of the said town, or any
three or more of them, for the time being, shall be judges
of the laid election, and may adjourn as aforefaid, and
shall make return thereof as aforefaid; but the inhabi
tants 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 refufal, death, disqualification, resignation,
or removal out of this State, of any Delegate, or on his
becoming Governor, or a member of the Council, a
warrant of election ihall ifiue by the Speaker, for the
election of another in his place, of which ten days no
tice at the least, excluding the day of notice and the day
of election, ihall be given.
8. That not left than a majority of the Delegates,
with their Speaker (to be chosen by them by ballot) con
ftitutt an house for the transacting any business, other
than th t 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 mo
ney bills, propose bills to the senate, or receive those of
fered by that body, and aflent, dissent or propose amend
ments; that they may enquire, on theoath of witnefles,
into all complaints, grievances and offences, as the grand
inquest of this State, and may commit any person for any
crime to the public goal, there to remain till he be dis
charged by due course of law; they may expel any mem
ber for a great misdemeanor, but not a second time for
the fame cause; they may examine and pass all accounts
of the State, relating either to the collection or expendi
ture of the revenue, or appoint auditors to date and
adjust the fame; they may call for all public or offi
cial papers and records, and fend for persons, whom they
judge necessary, in the course of their enquiries, con
cerning 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 Seriate 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 either
to reject a money bill which the emergency of affair® may
require, or to assent to some other aft of legislation, in
their conscience and judgment injurious to the public
welfare ; the House of Delegates ihall not on any occasion,
or under any pretence, annex to or blend with a money
bill, any matter, clause or thing, not immediately re
lating to and necessary for the imposing, assessing, levy
ing or applying the taxes or fuppiies, to be railed for the
support of government, or the current expences of the
State; and to prevent altercation about such bills, it is
declared, that no bill imposing duties or customs for the
mere regulation 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, ihall be'
accounted a money bill; but every bill assessing, levying
or applying taxes or supplies for the support or govern
ment, or the current expences of the State, or appro
priating money in the treasury, shall be deemed a money
bill.
12. That the House of Delegates may punish, by im-
Frifonment, any person who shall be guilty of a contempt
A NNA P 0 L I S, November zf.
^ CONSTITUTION and FORM of GOVERN
MENT agreed to by the Delegates of MARYLAN 1)
in free and full Convention afembled.
I. O r R A T the legislature" conlift of two diftina
branches, a Senate, and a House of Delegates,
which Hall be stiled the General Assembly of Maryland.
2. That the House oi Delegates ihall be cbofen in the
following manner : All freemen above twenty-one years
of age, having a freehold of fifty acres of land in the
county m 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 re
sided in the county in which they offer to vote one whole
year next preceding the election, ihall have a right of
futfrage in the election of Delegates for such county;
and all freemen so qualified ihall, on the firft Monday
of October seventeen hundred and seventy-seven, and
on the lame day in every year thereafter, assemble in
the counties in which they are respectively qualified
to vote, at the Court-home in the said counties, or
at such other place as the legislature shall dired, and
when assembled they shall proceed to eleft, viva voce,
four Delegates for their rcfpe&ive counties, of the most
wife, 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 calling of the polls the four persons
woo shall appear to have the greatest number of legal
v^Uh ihall be declared and returned duly elected for
their relpedive county.
3. That the Sheriff of each county, or in case of sick
ness, his deputy (summoning two Judices 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 fame 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 Burged'es, shall, on the fame
firft Monday of October, seventeen hundred and feventy
feven, and os the fame day in every year for ever there
after, cleft, viva voce, by a Majority of votes, two De
jegates, chalified agreeable to the laid 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 fame, and may ad
journ from day to day as aforefaid, and shall make re
turn thereof as aforefaid ; 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, difcui6t from the city.
5. That all persons, inhabitants of Baltimore-toww,
and having the fame qualifications as electors in the
county, Hail, on the fame firft Monday of October se
venteen hundred and seventy-seven, and on the fame day
in every year for ever thereafter, at such place in the
said town as the Judges shall appoint, eleft, viva voce,
by a majority of votes, two Delegates, qualified as afore
fiid ; but if the Hid inhabitants of the town shall so de
crease, as that the number of persons having right of
fuffrage therein shall have been for the space of seven
years successively let's than one half the number of voters
in some one county in this State, such town thencefor
ward shall cease to fend two delegates or representatives
to the house of delegates, until the said town shall have
one half of the number of voters in some one county in
this State.
15. That the said electors of the senate meet at the city
of Annapolis, or such other place as ihall be appointed
for convening the Legislature, on the third Monday in
September, seventeen hundred and eighty-one, and on
the fame day in every fifth year for ever thereafter, and
they, or any twenty-four of them so met, shall proceed
to eleft, 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 fix 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 wliole years next preceding the elec
tion, and having therein real and personal property above
the value of one thousand pounds current money.
16. That the Senators shall be balloted for at one and
the fame time, and out of the gentlemen residents of the
western shore, who fltali be proposed as Senators, the
nine who shall, on striking the ballots, appear to have the
greatest numbers in their favour, shall be accordingly
declared and returned duly elected ; arid out of the gen
tlemen, residents of the eastern shore, who shall be pro
posed as Senators, the fix who ihall, on striking the bal
lots, appear to have the greatest numbers in their favour,
shall be accordingly declared and returned duly elected;
made ud, because of an equal number on the second
ballot kill being in favour of two or more persons, then
the election shall be determined by lot, between those
who have equal numbers; which proceedings of the
electors Had be certified under their hands, and returned
to the Chancellor for the time being.
17. That the electors of Senators shall judge of the
qualifications and elections of members of their body,
and on a contested election shall admit to a feat, as an
elector, such qualified person as shall appear to them to
have the greatest number of legal votes in his favour.
18. That the electors immediately on their meeting,
and before they proceed to the election of senators, take
such oath of support and fidelity to this State, as this
Convention or the Legislature shall direct, and also an
oath " to elect, without favour, affection, partiality, or
prejudice, such persons for Senators, as they, in their
judgment and conscience, believe best qualified for the
office."
19. That in case of refufal, death, resignation, difqna
lification, or removal out of this State, of any Senator,
or on his becoming Governor, or a member of the Coun
cil, the Senate shall immediately thereupon, or at their
next meeting thereafter, elect by ballot, in the fame
manner as the electors are above directed to chufe Sena
tors, another person in his place, for the residue of the
said term of five years.
20. That not less than a majority of the Senate, with
their President, (to be chosen by them by ballot) shall
constitute an house for the tranfadting any business, other
than that of adjourning.
21. That the Senate shall judge of the elections and
qualification of Senators.
22. That the Senate may originate any other, except
money bills, to which their assent or dissent only shall be
given, and may receive any other bills from the house of
Delegates, and assent, dissent or propose amendments.
23. That the General Assembly meet annually, on the
firft Monday of November, and if necessary oftener.
24. That each house shall appoint its own officers, and
fettle its own rules of proceeding.
25. That a person of wisdom, experience, and virtue,
Hall be chosen Governor, on the second Monday of No
vember 1777, and on the second Monday in every year
for ever thereafter, by the joint ballot of both honfes, to
be taken in each house reflectively, deposited in a confer
ence room, the boxes to be examined by a joint com
mittee of both houses, and the numbers severally re
ported, that the appointment may be entered; which
mode of taking the joint ballot of both houses shall be
adopted in all cases. But if two or more fliall have an
equal number of ballots in their favour, by which the
choice shall not be determined on the firft ballot, then a
second ballot shall be taken, which shall be confined to
the persons who, on the firft ballot, shall have had an
in their view, by any disorderly or riotous behaviour, or
by threats to or abuse of their members, or by any ob
ftruflion 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 assault
ing, any of their members, during their fitting, or on
their way to or return from the House of Delegates, or
by any assault of, or obftruftion to their officers, in the
execution of any order or process, or by assaulting or
obftrhaing any witness, or any other person, attending
on, or on their way to or from the house, or by refeuing
any person committed by the house ; and the Senate may
exercise the fame power in similar cases.
13. That the Treasurers (one for the western and ano
ther for the eastern shore) and the Commissioners of the
loan-office, may be appointed by the House of Delegates
during their pleasure, and in case of refufal, death, re
signations, disqualifications, 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 commiflion a fit
and proper person to such vacant office, to hold the fame
until the meeting of the next General Assembly.
14. That the Senate be chosen in the following manner:
All persons, qualified as aforefaid to vote, for county
Delegates, shall, on the firft Monday of September se
venteen hundred and eighty-one, and on the fame day in
every fifth year for ever thereafter, ele&, viva voce, by a
majority ^f votes, two persons for their refpedive coun
ties, qualified as aforefaid to be defied county Delegates,
to be electors of the Senate; and the Sheriff of each
county, or in case of sickness his deputy (summoning two
Judices of the county who are required to attend for the
preservation of the peace) Ihall hold and bejudge.of the
said election, and make return thereof as aforefaid. And
all persons qualified as aforefaid to vote for Delegates for
the city of Annapolis and Baltimore-town ihall, on the
fame firft Monday of September seventeen hundred and
eighty-one, and on the fame day in every fifth year for
ever thereafter, eledt, viva voce, by a majority of votes,
one person for the said city and town reflectively, quali
fied as aforefaid to be ele&ed a Delegate for the said city
and town refpeQively; the said election to be held in the
fame manner as the election of Delegates for the said city
and town, the right to eleftthe said elector with refpeft
to Baltimore-town to continue as long as the right to cleft
Delegates for the said town.
and if two or more, on the fame shore, shall have an
equal number of ballots in their favour, by which the
choice shall not be determined on the firft ballot, then
the electors shall again ballot before they separate, in
which they shall be confined to the persons who, on the
firft ballot, Hall have had an equal number; and they
who shall have the greatest number in their favour on the
second ballot, Hall be accordingly declared and returned
duly elected; and if the whole number should not thus be
26. That the Senators and Delegates, on the second
Tuesday of November seventeen hundred and feventy
feven, and annually on the second Tuesday of November
for ever thereafter, cleftby joint ballot, in the fame
manner as Senators are directed to be chosen, five of the
most sensible, discreet, and experienced men, above
twenty-five years of age, residents in the State above
three years next preceding the election, and having there
in a freehold of lands and tenements, above the value of
One Thousand Pounds current money, to be the Council
to the Governor, whole proceedings shall be always en
tered on record, to any part whereof any member may
enter his dissent, and their advice, if so required by the
Governor or any member of the Council, shall be given
in writing, and signed by the members giving the fame
respectively; which proceedings of the Council shall be
laid before the Senate, or House of Delegates, when called
for by then), or either of them. The Council' may ap
point their own clerk, who shall take such o^h of fuo
port and fidelity to this State as this Convention or the
Legislature Half direct, and of secrecy, in such matter's
as he Hall be directed by the board to keep secret.
27. That the Delegates to Congress from this State
shall be chosen annually, or faperceded in the mean time,
by the joint ballot of both Houses of Assembly, and that
there be a rotation in such manner that at least two of
the number be annually changed, and no person Hall be
capable of being a Delegate to Congress for more than
three in any term of fix years; and no person who holds
any office of profit in the gift'of Congress Hall be eligi
ble to lit in Congress, but if appointed to any such office
his feat fliall.be thereby vacated: That no person, unless
above twenty- five years of age, and resident in the State
more than five years next preceding the election, and
having real and personal estate in this State above the
value of One Thousand Pounds current money, shall
be eligible to fit in Congress.
[To be continued.]
The Salisbury East Tndiaman is bought up by govern
ment for the American service.
A late Premier once intimating to Lord Chefterfield
that something capital must be done by wav of taxation,
his Lord Hip immediately replied, “' Lay a tax upon
knaves 2nd fools.' —“ I would propose such a tax with
all my foul (replied the Miuifter) did I not know it would
be powerfully mppofed by both H of P—
Yesterday Mr. Alderman Lee laid a complaint before
the Lord Mayor against Capt Ross, who was one oE the
persons that brought home the Yankee privateer, for as
saulting him on the Royal Exchange, by running his fill
in his face, and faying, that that was not a proper place
to little the matter, &c. which made it believed the
Alderman was in danger of his life; whereupon the Lord
Mayor granted a warrant for apprehending the Hid Cap
tain Ross, that he may be brought to justice. The dist
pute began about some letters that had been intercepted.
f^/ r 15. Orders have been dTpatched to the Lord
Lieutenant of Ireland, and to the commander in chief
JOSEPH, by the grace of God, King of Portugal
and of the Algarves, &c. &c. &c. I make kagwn to,all
who Hall fee this prefect edift, that having been lately
informed, that the English Colonies in America had not
only fcparated themfelvOT by an ad of the Congress, the
15th of May last, from the fubjeflion to the crown of
Great-Britain, but also were making laws of their own,
and giving particular power to resist the lawful authority
of his Britannic Majesty, my good brother, friend and
ally: And Whereas so pernicious an example ouAhtdo
interest even the most indifferent princes not to favour or
affife, diredly or indirectly, fubjeds thus publicly and
formally rebelling against their lawful sovereign: It is
my will and pleasure to order, that in all the ports of
these kingdoms and its dominions, no Helter Hall be
given to any Hips loaded or in ballast coming from any
of the ports of the said North -American BritiH Colonies;
but on the contrary, that they are to be repelled from, the
said ports, and in the fame manner they entered, with
out giving them the least fuccour of any kin<lwhatfoever.
The masters of Hips, who have been permitted to enter
hitherto, in confidcration of not having received any ex
press injunction to the contrary, Hall be notified to de
part with their flops out of the above-mentioned ports
within the space of eight successive days, without fail;
examination being had before their departure, if they
have on board any gunpowder, or other warlike flores
of the kinds already prohibited by my royal orders, given
the twenty-firft of October last, to the arftnal of the
army, and to the office of outward confulihip; and con
fifeating, for the benefit of the public works', any; of the
said Hips on board of which Ihall be found clandestinely
concealed any of the above mentioned warlike stores, as
goods rightly seized and manifeftlv known to be the pro
perty of rebels. Our Lord the King hath ordered this
by his royal decree of the fourth of this current month
?f July, and directed it to his royal cotinfel, command
ing it to be printed and set up in all public places of Lis
bon and ports, of this kingdom, and of the Algarve, in
order that every one Hould have notice thereof,°a»d that
no person may pretend ignorance. Lisbon, July 5.1776.
(Signed) Count de AZAMBUJA, Pres.
Extras of a letter from Lifoon, fuly 15.
“ There were five American vessels here when the
King's orders were published for their departure in nine
days from the ports in this kingdom; thev have accord
ingly failed, and though an EngliH frigate cruized off
the rocks to intercept them, I do not bear that He has
made a finale prize. Our harbour was well situated for
the American trade, as they could purchase here all' man?
ner of EngliH commodities, which they are in want of,
and also dispose of their own cargoes at a good, market."
Notice has been sent to the Weft India merchants,
that two men of war will be ready to fail from Spithead,
by the 20th instant, when they will take under convoy
all such blips as are bound to Jamaica, or the Weft-India
islands.
equal number; and if the ballots fliould again be equal
between two or more persons, then the election of the
governor Hall be determined by lot, between those who
have equal numbers; and if the person chosen governor
Hall die, rehgn, remove out of the State, or refu fe to
aft (fitting the general assembly) the senate and house of
delegates Hall immediately thereupon proceed to a new
choice in manner aforefaid.
CONSTANTINOPLE, July 3..
ADVICE has been received here, that on the 16th
'of April last the city of Baffora had furrendexed to
the Persians by capitulation, after a siege of more, than
twelve months, the inhabitants being reduced to the last
extremity by sickness and famine.•
LONDO N, Autruft 13.
EDICT of tie King of Portugal, prohibiting all in
tercour/e between bis Dominions and the American Co
lonies.