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wise, sensible, and discreet of the people, residents in the county where they are to be chosen one whole year next preceding the election, above twentv-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 casting of the polls, the four persons who shall appear to have the greatest number of legal votes shall be declared and returned duly elected for their respective county.
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 judges 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 ; 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, distinct from the city.]
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 judges shall appoint,} elect, (viva voce,] by a majority of votes, two delegates, (qualified as aforesaid ;] but, if the said inhabitants of the town shall so decrease, as that the number of persons having a right of suffrage therein shall have been, for the space of seven years successively, less than one-half the number of voters in some one county in this state, such town shall thenceforward cease to send 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.
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, 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 refusal, death, disqualification, resignation, or removal out of this state of any delegate, or on his becoming governor or mem ber 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 the least (excluding the day of notice and the day of election) shall be given.
8. That no less than a majority of the delegates, with their speaker. (to be chosen by them by ballot,) constitute a house for the transaction of any business, other than that of adjourning,
9. That the house of delegates shall judge of the elections and quali fications 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 inquire, 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 ume for tire same cause. They may examine and pass all accounts of tlie 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 inquiries, concerning affairs selating 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 scnate may be at full and perfect liberty to exercise their judgment in passing laws; and that ihey may not be compelled by the house of delegates, 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 prelence, amex 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 supplies 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 regulation of commerce, or inflicting fines for the I 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 I every bill assessing, levying, or applying taxes or supplies for the support
of government or the current expenses of the state, or appropriating anney 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 disorrły or riotous behaviour, or by threats to, or abuse of their members, by any obstruction to their proceedings. They may also punish, by
prisonment, any person who shall be guilty of a breach of privilege, ? arresting on civil process, or by assaulting any of their members, ring their sitting, or on their way to, or return from, the house of Slegates, or by any assault of, or obstruction to their officers, in the rezation of any order or process, or by assaulting or obstructing any 1 dness, or any other person, attending on, or on their way to or from e house, or by rescuing any person committed by the house ; and the enie may exercise the same power in similar cases.
13. That the treasurers (one for the western, and another for the stem shore) and the commissioners of the loan office, may be appointed Hi the house of delegates, during their pleasure ; and, in case of a rezal, death, resignation, disqualification, or removal out of the state, of te of the said commissioners or treasurers, in the recess of the general asembly, 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 persong 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 for ever thereafter, elect, (viva voce,] by a majority of votes, two persons for their respective counties (qualified (as aforesaid] to be elected county delegates) to be electors of the senate : [and 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 peace, shall hold and be judge of the said election, and make return thereof, aforesaid.] And all persons qualified (as aforesaid,] to vote for delegates for the city of Annapolis and Baltimore town, shall, on the same first Monday of September, 1781, and on the same day in every fifth year for ever thereafter, elect, (viva voce,] by a majority of votes, one person for the said city and town respectively, qualified (as aforesaid to be elected a delegate for the said city and town respectively; the said election to be held in the same manner, as the election of delegates for the said city and town ; the right to elect the said electors, with respect to Baltimore town, to continue as long as the right to elect delegates for the said town.
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 for ever 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-live 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 be balloted for at one and the same time; and out of the gentlemen, residents of the western shore, who shall be proposed as senators, the nine who shall, on striking the ballots, appear to have greatest numbers in their favour, shall be accordingly declared and returned duly elected ; and out of the gentlemen, residents on the eastern shore, who shall be proposed as senators, the six who shall, on striking the ballots, appear to have the greatest numbers in their favour, shall be accordingly declared and returned duly elected ; and if two or more, on the same shore, shall have an equal number of ballots in thei favour, by which the choice shall not be determined on the first ballot then the electors shall again ballot before they separate, in which they shall be confined to the persons who on the first ballot shall have had an equal nurnber; and they who shall have the greatest number in their favour on the second ballot, shall be accordingly declared and returned duly elected ; and if the whole number should not thus be made up, because of an equal number on the second ballot still being in favour of two ur more persons, then the election shall be determined by lot between those who have equal numbers; which proceedings of the electors shall 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 ad mit to a seat, as an elector, such qualified person as shall appear to theng 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 refusal, death, resignation, disqualification, or removal out of this state of any senator, or on his becoming governor, or a member of the council, the senate shall, immediately thereupon, or at their next meeting thereafter, elect by ballot (in the same manner as the electors are above directed to choose senators) another in his place, for the residue of the said term of five years.
20. That not less than the majority of the senate, with their president, to be chosen by them by ballot,) shall constitute a house for the transacting any business other than that of adjourning. 21. That the senate shall judge of the elections and qualification of
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 first Monday of November,] and, if necessary, oftener.
24. That each house shall appoint its own officers, and settle its own rules of proceeding.
25. That a person of wisdom, experience, and virtue shall be chosen governor, (on the second Monday of November, seventeen hundred and seventy-seven, and on the second Monday in every year for ever thereafter, by the joint ballot of both houses, (to be taken in each house repectively,) deposited in a conference room, the boxes to be examined by 2 joint committee of both houses, and the numbers severally reported, 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 tall have an equal number of ballots in their favour, by which the choice shall not be determined on the first ballot, then a second ballot sall be taken, which shall be confined to the persons who on the first bellot shall have an equal number; and if the ballots should again be equal between two or more persons, then the election of the governor 132] be determined by lot between those who have equal numbers; and í the person chosen governor, shall die, resign, remove out of the state, * refuse to act, (sitting the general assembly,) the senate and house of delegates shall immediately thereupon proceed to a new choice, in manDer aforesaid.
26. That the senators and delegates, (on the second Tuesday of November, seventeen hundred and seventy-seven, and annually on the second Tuesday of November, for ever thereafter,] elect by joint balloc in the same 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 therein a freehold of lands and tenements, above the value of one thousand pounds current money,] to be the council to the gover. nor, whose proceedings shall be always entered on record, to any part whereof any member may enter his dissent; and their advice, if so required by the governor, or any member or the council, shall be given in writing, and signed by the members giving the same respectively; which proceedings of the council shall be laid before the senate or house of delegates, when called for by them or either of them. The council may appoint their own clerk, who shall take such oath of support and fidelity to this state, as this convention, or the legislature, shall direct ; and of secrecy, in such matters as he shall be directed by the board to keep secret.
27. [That the delegates to congress from this state shall be chosen annually, or be superseded 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 shall be capable of being a delegate to congress for more than three in any term of six years; and no person who holds any office of profit in the gift of congress, shall be eligible to sit in congress; but if appointed to any such office, his seat shall be thereby vacated. That no person, unless above twenty-five years of age, and a 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 sit in congress.]
28. That the senators and delegates, immediately on their annual meeting, and before they proceed to any business, and every person hereafter elected a senator or delegate, before he acts as such, shall take an oath of support and fidelity to this state, as aforesaid ; and before the election of a governor, or members of the council, shall take an oath,“ to elect without favour, affection, partiality, or prejudice, such person as governor, or member of the council, as they, in their judgment and conscience, believe best qualified for the office."
29. That the senate and delegates may adjourn themselves respectively ; but if the two houses shall not agree on the same time, but adjourn to different days, then shall the governor appoint and notify one of those days, or some day between; and the assembly shall then meet and be held accordingly : and he shall, if necessary, by advice of the council, call them before the time to which they shall in any manner be adjourned, on giving not less than ten days' notice thereof: but the governor shall not adjoum the assembly, otherwise than as aforesaid, nor prorogue nor dissolve it at any time.
30. That no person, unless above twenty-five years of age, a resident in this state above five years next preceding the election, (and having in the state real and personal property above the value of five thousand pounds current money (one thousand pounds whereof, at least, to be of freehold estate)] shall be eligible as governor.
31. That the governor shall not continue in that office longer than three years successively, nor be eligible as governor until the expiration of four years after he shall have been out of that office.
32. That upon the death, resignation, or removal out of this state of the governor, the first named of the council, for the time being, shall act