The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-12-23
COUNTER PRocrE,1N1s


COUNTER PROCEEDINGS,
lie following preamble and 1es0ntio7s
were eS~rdaY introduced inta he House
on Delegates nv republican member
iNASNUCH as it is the Fundamental
principle Of the Constitution of the sta /. oF
Maryland, that ell government is by rir'7t
vested in and proceeds from the eopie .f-"rn
which great first principle em9nnte The e
veral provisions Of the constitu ion. and ne
laws framed IN conform ity IN retn in ,ela-
ton to the exercise of the rgh' Of outrage
by the people in the choice of Delegates 10
the General Assembly; from the Whole te-
nor and express words Of which i, Is evil
dent, that such delegates shall be elected Sy
the majority of the tree white male citizens
or the state qualified to vote, who shoulJ
poll at such election. And az it is most clear
and indisputabe that the House If Dele-
gates. TINS created by the will ofthe MAORI.
! ~, mas no power or right, 70 create me ~
hers ~ that body not c ec ted hy the ma; r.
~ of legal votes 70 the exclusion Of sucb -
were elected by such majority, as such n
doctrine s. TAR forth 1t operates in effect
Creates Houae cf Del gates which does no.
represent the people. And forasmrch as it
Us most manifest, that it never w as the iDteu-
ton OF any provision Of he act Of 1905. CHI
81, that i should depend Oa the caprice or
WIZ OF Judge OF Judges of election bv not
taking the oath which that act directs in
the mode pointed ont, whether the people
OF such district should be entitled to their
votes or not, a doctrine siavish, tyranui2aI
and SUPERVISE ot the rights Of the free c;ti
Zcns OF This s'ate) rs sUch a construction e
the law, %outn destroy the purity IF cleo.
ton, at the discretion Cf Unc man e., .ing11isb
the voice Of tive majority, and int~oLuce all
tne evils E! fraud and ma. prac'ice, against
which II was the peculiar object of the law
to guard. And as it is not only lust and req
sonahie, but an insal!;ble conclusion Of law,
that the citizen shall not incur the forfeltvts
OF his vote, for the fault, neglect or OMISSION
II those agents whom the law has esDecial,y
entrusted with the prot ectoa of that rich.
whose duties are crjcined IN themselves
alone by the law to which they are respon.
siote Tor neglect or maleea,ance, hut who
cannot by such neglect or malfeasance de
priVe the people of tder votes. Aud as Il
would be attended with Infinite mischief
inconvenience and danger, to permit the.
returning judges OF election, or a majority
or them, whose duty in making such return
10 purely ministerial, and who by the letter.
% the act are confined TO the simple dn,v os
Counting up the Yates in all the districts
and returning as duly elected, those persons
who upon such counting up. shall have the
majority OF legal votes, to admit or reject -
their discretion, TIE votes taken in district
or cIstrIcts, or the entire polls If such dis
trlct or districts, on the allegation that such
votes were irregulsrly taken. or eli h ele,-
tIon irregularlv held, inasmuch rs it would
open vide door to every species ~ frand,
enable such judges to make false returns cf
members to the House # Delegates, stHc
and smother the vniCe Of the m jority AT the
discretion Of mere ministerial oAice~s.inter
tere wph The just privileges Of the House Of
delegates, who alone are he judges in ch
cases, and by consequence might create Pm
entire House of Delegates OF which not =
H'e' Der was a real Tepres. NATIVE Of the
people. And whereas ii is the dutv Of the
House OF Delegates not only TO prevent such
aOuses IN future, but by an express feclara-
ton 20 settle these important questions that
the people may know their rights. ard the
Judges OF election may know their dnty
l. Resolved. tha the house If d leyates
IN Judging of the quaIfica tons and election
Ct Their own members are bound to conform
to the constitution and law Of the land
2. Resolved, that ~ man can be entitled
co sect ~ the house e delegates unless 81
ne elected thereto by Daia isy e th4 heal
votes ot tic tree white male citizens Of the
United States above tie are Ct twenty one
years, who bad resided twelve months ia
the state Of Maryland. and sig rncetas ir
the coUH'y ~hcr' he votes. next before tns
election. AMI tive time # MS voting &.
resident 10 De druirt.0 which, he voted
3 Resolved. that the omission &c q in Ice.
Of CLERK o. axe the V-tos WHICH ~ iaw ttcy