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all public or official papers and records, and send for person*, whom they may judge necessary, in the course of their inquiries, 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 on any breach of duty.
11. That the senate may be at sull and persect liberty to exercise their judgement in paffing laws, and that they 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 judgement injurious to the public welsare; 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, asseffing, levying, or applying the taxes or supplies, to be raised 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 inslicting fines for the reformation of morals, or to inforce the execution of the laws, by which an incidental revenue may arise, shall be accounted a money bill; but every bill asseffing, levying or applying taxes or supplies for the support of government, or the current expences 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 shalt 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 punfsh, 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 fitting, 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 bouse, 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 commiffioners of the loan office may be appointed by the house of delegates during their pleasure, and incase of resusal, death, resignations, disqualification, or removal out of the state of any of the said commiffioners or treasurers, in the recess of the general assembly, the governor, with the advice of the council, may appoint and commiffion a fit and proper person to such vacant office, and 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 day of September, 1781, and on the (ame 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 sherisf 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 hold and be judge of the said election, and make return thereof as aforesaid. And all persons qualisied as aforesaid, to vote for delegates for the city of Annapolis and Baltimore town, shall on the same sirst 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 elector 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 tffeir own body, or the people at large, fifteen senators (nine of whom to be residents on the w> stern, and six to be rtsidents 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 real and personal property above the value of one thousand pounds current money.
';6. 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 the greatest number in their savour, shall be accordingly declared and returned duly elected; and out of the gentlemen residents of the eastern more, who shall be proposed as senators, the six who shall, on striking the ballots, appear to have the greatest number in their savour, shall be accordingly declared and returned duly elected; and is two or more, on the same shore, shall have an equal number of ballots in their savour, 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 consined to the persons who on the first ballot (hall have had an equal number; and they who shall have the greatest number in their savour on the second ballot, shall be ac
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cordingly 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 savour of two or more persons, then the election shall be determined by lot, between those who have equal numbers j which proceeding* 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 savour.
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 savour, afftction, partiality, or prejudice, such persons for senators as they, in their judgement and conscience,believe best qualified/or the office." •*
19. That in case of resusal, 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 chuse senators, 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 transacting any business, other than that of adjourning.
21. That the senate shall judge of the elections and qualifications 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 aflent4 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 conserence room; the boxes to be examined by a joint committee of both bouses, and the nurnjbe^s severajly reported, that the.appojntment may be en
3 tered 5 tered; which mode of taking the joint ballot of both houses shall be adopted in all cafes. But if two or more shall have an equal number of ballots in their savour, by which the choice shall not be determined on the first ballot, then a second ballot shall be taken, which shall be consined to the persons who on the first ballot shall have had an equal number j 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; and if the person chosen governor shall die, resign, remove out of the state, or resuse to. act (sitting the general assembly) the senate and house of delegates shall immediately thereupon proceed, to a new choice in manner aforesaid.
26. That the senators and delegates, on the second Tuesday of November, 1777*. and annually on the second Tuesday of November for ever 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 of lands and tenements above the value of one thousand pounds current money, to be. the. council tp 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 mem-, bers giving the same respectively; which proceedings of the coun-. cil 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 t» 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.
.ij. That the delegates to congress from this state shall be chosen annually, or 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 anyt office of profit in the giftof congress shall be eligible tofit.inr congress, but if appointed to any such office his seat shall be thereby vacated. That no person, unless above twenty-one 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 eligiblelo, fit in congress.
28. That the senators and delegates, immediately on their annual meeting, and before they proceed.to any business, atjd.ever.y;
person 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 savour, afsection, partiality, or prejudice, such person as governor, or member of the council, as they in their judgement and conscience believe best qualified for the office."
29. That the senate and delegates may adjourn themselves respectively: but is the two houses should not agree pn the same time, but adjourn to different days, then shall the governor appoint and notisy one of those days or some day between, and the assembly shall then n~et and be held accordingly 5 and he shall, is 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 adjourn the assembly otherwise than as aforesaid, nor prorogue or dissolve if 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 freehold estate, shall be eligible as governor.
31. That the governor shall not continue in that office longer than three vears succeffively, 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 as governor, and qualisy in the same manner, and shall immediately call a meeting of the general assembly, giving not less than fourteen days notice of the meeting, at which meeting' a governor shall be appointed, in manner aforesaid* for the residue of the year.
33. That the governor, by and with the advice and consent of the council, may embody the militia, and when embodied shall alone have the direction thereof, and shall also have the direction of all the regular land and sea forces under the laws of this state; but he shall not command in person, unless advised thereto by the council, and then only so long as they shall approve thereof; and may alone exercise all other the executive powers of government, where the concurrence of the council is not required, according' to the laws of this state, and grant reprieves or pardons for any crime, except in such cases where the law shall otherwise direct; and may, during the recess of the general assembly, lay embargoes to prevent the departure of any shipping, or the exportation of any commodities, for- any time not exceeding thirty days in "• '. any