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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 in 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 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 (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

time, and out of the gentlemen, resident of the western shore, who shall 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; and out of the gentlemen, resident of 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 their 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 number; and they who shall have the greatest number in their favor 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 or 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 admit to a seat, 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 or affirmation of support and fidelity to this state, as this convention or the legislature shall direct, and also an oath or affimation “to elect without favour, affection, partiality, or prejudice, such persona 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 the 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 person in his place, for the remainder 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 transacting 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 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 respectively, deposited in a conference room, the boxes to be examined by a 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 shall 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 shall be taken, which shall be confined to the persons, who on the first ballot shall have had an equal number; and if the ballots should again be equal between two or more persons, then the election of the governor shall be determined by lot, between those who have equal numbers.

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, forever thereafter, elect by joint ballot 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 in lands and tenements, above the value of one thousand pounds current money, to be the council to the governor, 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 of 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 such oath or affirmation 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.

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