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up a sketch of a form of Government for this Province, to be laid before the people of this County for their consideration, A question was put on the passage of the same, and determined in the affirmative. For the affirmative: Edward Gaither, Thomas Tillard, A. Warfield, James Tootell, Philemon Warfield, Vachel Gaither, Thomas Harwood, Richard Cromwell, Thomas Mayo, Andrew Ellicot, Rezin Hammond, Matthias Hammond. The following gentlemen declined voting on the above, conceiving that they had no power from their constituents for that purpose : Thomas Dorsey, John Dorsey, E. Howard, Benj. Galloway, John Dorsey, (son of Michael,) Samuel Harrison, Jun., John Thomas, Joseph Ellicot, Richard Stringer, Michael Pue. The Committee then adjourned until nine oclock to-morrow morning. June 27, 1776.Committee met according to adjournment. The Committee proceeded to take up the resolve of yesterday respecting the drawing up a form of Government for this Province, to be laid before the people of this County for their consideration; whereupon the following form of Government was approved of by a majority of the Committee, ordered to be published, and laid before the people of this County: A FORM OF GOVERNMENT PROPOSED FOR THE CONSIDERATION OF THE PEOPLE OF ANNE ARUNDEL COUNTY. The right to legislate is in every member of the community: but, for the sake of convenience, the exercise of such right must be delegated to certain persons to be chosen by the people. When this choice is free, it is the peoples fault if they are not happy. That the Legislative may be so constituted as never to be able to form an interest of its own separate from the interest of the community at large, it is necessary its branches should be independent of, and balance, each other, and all dependent on the people. 1. That there be chosen by the people a Lower House; also, that there be chosen by the people an Upper House. These two bodies to form the Legislative power. It is essential to liberty that the Legislative, Judicial, and Executive powers of Government be separate from each other; for where they are united in the same person, or number of persons, there would be wanting that mutual check which is the principal security against their making of arbitrary laws, and a wanton exercise of power in the execution of them. 2. That there be a Council of seven persons, appointed by the joint ballot of the two Houses of Legislature from their bodies, to hold the Executive power. 3. That these several bodies, Legislative and Executive, hold their powers for one year, as annual elections are most friendly to liberty, and the oftener power reverts to the people the greater will be the security for a faithful discharge of it. 4. That the vacancies created in either House of Legislature by the appointment of the Council aforesaid, be filled up by the people of such Counties where such persons were sent from, that there may be always a full representation of the people in both Houses of Legislature. 5. That Judges of a Provincial Court be annually appointed by joint ballot of the two Houses; also, a Clerk for the Provincial Office, (having no Secretary for that office as heretofore,) with reasonable fees for their respective services. 6. That Commissioners and Clerk of Loan Office, Attorney-General, Treasurer, Register for Land Office, Judge, Marshal, and Clerk for Court of Admiralty, be annually appointed by the joint ballot of the two Houses of Legislature. 7. That Justices of the Peace, Sheriffs, Clerks of Counties, and Surveyors, be annually chosen by the people of each County. 8. That the Chancery business be done by the respective County Courts, subject to an appeal to the Council, who shall have power finally to determine on such appeal. The official business to be done by the respective Clerks of each court, with reasonable fees for their respective services. 9. That there be annually chosen by the people of each County a person to serve as a Register of Wills, granting letters of administration, &c., and that the business heretofore done by the Commissary of this Province be done by the County Courts, with an appeal to the Council, with reasonable fees for their respective services. 10. That no fees be allowed to be taken agreeable to the old table, but that a new and equitable table of fees be established. 11. That the trial by Jury be held and kept sacred; also, the habeas corpus preserved. 12. That no person shall be eligible to sit in either House of Legislature, or Council, or Congress, who holds any office of profit, or any pension, or receives any profit or any part of the profit thereof, either directly or indirectly, or who holds any office in the regular military service, or marine service, either Continental or Provincial. 13. That all officers of the regular or marine service be appointed by the joint ballot of both Houses of Legislature. 14. That the present resolves of the Conventions of this Province restricting suits at law, stand and remain during this time of publick calamity. 15. That no standing Armies be kept up, only in time of war. 16. That a well-regulated Militia be established in this Province, as being the best security for the preservation of the lives, liberties, and properties of the people. 17. That every Militia company choose its own officers, Battalions their Field Officers, and the District Battalions their Brigadiers-General. 18. That Adjutants, Drummers and Fifers, with drums and fifes and cartouch-boxes, be provided at the publick expense for the different Battalions of Militia; and guns for such unarmed men who are not able to purchase the same. And that the Colonels of each Battalion be empowered to contract for the above and procure the same, and draw on the Treasurer for the amount. 19. That a Congress be appointed annually, and composed of members of each Colony, to convene at any place-they may agree on, as occasion may require; to have power to adjust disputes between Colonies, regulate the affairs of trade, war, peace, alliances, &c.; reserving to the people of each Colony the exclusive right of regulating the internal Government and police thereof. That there be seven Deputies appointed by the joint ballot of the two Houses of Legislature of this Province for Congress, annually, out of their bodies; and that the vacancies created in either House by such appointment be forthwith filled up, by election by the people of such Counties where such members were sent from, that there may be always a full representation of the people in Assembly as well as in Congress. The continuance of such persons in Assembly, when publick business requires their continual attendance in Congress, would be nugatory, and serve only as a mark of respect, which could not compensate for the injury done the publick by their absence from either station. 20. That all the votes and proceedings of the Assembly be published, except such parts as relate to military operations and measures taken to procure arms and ammunition; and that they sit open except when particular business requires their being private. Also, that the votes and proceedings of Congress be published, except as aforesaid. 21. That an oath be taken by every person who shall hold an office of profit or trust, to stand true, be faithful, maintain and support the Constitution, and, to the utmost of his power, promote the interest of the people. Such Constitution, however, to be subject to be changed or altered, or amended, from time to time, by the people, as they may judge necessary. 22. That all moneys to be raised on the people be by a fair and equal assessment, in proportion to every persons, estate; and that the unjust mode of taxation by the poll, heretofore used, be abolished; and that assessors be chosen by the people of each District in each County annually. Signed per order of the Committee : BRICE WORTHINGTON, Chairman. THE PEOPLE OF MARYLAND. That the People should have a share in the Legislature is the vital principle of every free Government. That the Legislative, Executive, and Judicial powers should be vested in one man, or body of men, is incompatible with and destructive of liberty. If chance or indiscretion should ever *
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