The CONSTITUTION, or FORM of GOVERNMENT, &c.

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1.HAT the legiflature confift of two diftinct branches, a fenate, and a houfe of delegates, which shall be stiled, The General Affembly of Maryland.

2. That the houfe of delegates fhall be chofen in the following manner: All freemen above twenty-one years of age, having a freehold of fifty acres of land in the county in which they of fer to vote, and refiding therein; and all freemen having property in this state above the value of thirty pounds current money, and having refided in the county in which they offer to vote, one whole year next preceding the election, fhall have a right of fuffrage in the election of delegates for fuch county; and all freemen fo qualified fhall, on the firft Monday of October seventeen hundred and feventy-feven, and on the fame day in every year thereafter, affemble in the counties in which they are refpectively qualified to vote, at the court-house in the faid counties, or at fuch other place as the legislature fhall direct, and when aflembled they fhall proceed to elect, viva voce, four delegates for their respective counties, of the most wife, fenfible, and difcreet of the people, refidents in the county where they are to be chofen one whole year next preceding the election, above twentyone years of age, and having in the ftate real or perfonal property above the value of five hundred pounds current money, and upon the final cafting of the polls, the four perfons who fhall appear to have the greatest number of legal votes, fhall be declared and returned duly elected for their refpective counties.

3. That the fheriff of each county, or in cafe of fickness, his deputy (fummoning two juftices of the county, who are required to attend for the prefervation of the peace) fhall be the judge of the election, and may adjourn from day to day, if neceffary, till the fame be finished, fo that the whole election fhall be concluded in four days; and fhall make his return thereof, under his hand, to the chancellor of this late for the time being.

4. That all perfons, qualified by the charter of the city of Annapolis to vote for burgeffes, fhall on the fame first Monday of October feventeen hundred and feventy-feven, and on the fame day in every year for ever thereafter, elect viva voce, by a majority of votes, two delegates, qualified agreeable to the faid charter; that the mayor, recorder, and aldermen of the faid city, or any three of them, be judges of the election, appoint the place in the faid city for holding the fame, and may adjourn from day to day as aforefaid, and fhall make return thereof as aforefaid; but the inhabitants of the faid city fhall not be entitled to vote for delegates for Anne-Arundel county, unless they have a

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freehold of fifty acres of land in the county, diftinct from the city.

5. That all perfons, inhabitants of Baltimore town, and having the fame qualifications as electors, in the county, fhall, on the fame firft Monday in October feventeen hundred and feventy-feven, and on the fame day in every year for ever thereafter, at fuch place in the said town as the judges fhall appoint, elect viva voce, by a majority of votes, two delegates, qualified as aforefaid; but if the faid inhabitants of the town fhall fo decrease, as that the number of perfons having a right of fuffrage therein, fhall have been for the fpace of feven years fucceffively lefs than one half the number of voters in fome one county in this ftate, fuch town thenceforward ceafe to fend two delegates 'or reprefentatives to the house of delegates, until the faid town fhall have one half of the number of voters in fome one county in this ftate.

6. That the commiffioners of the faid town, or any three or more of them, for the time being, fhall be judges of the faid election, and may adjourn as aforefaid, and fhall make return thereof as aforefaid; but the inhabitants of the said town shall not be entitled to vote for, or be elected delegates for Baltimore county; neither fhall the inhabitants of Baltimore county, out of the limits of Baltimore town, be entitled to vote for, or be elected delegates for the faid town.

7. That on refufal, death, difqualification, refignation, or removal out of this ftate, of any delegate, or on his becoming governor, or member of the council, a warrant of election fhall iffue by the fpeaker, for the election of another in his place, of which ten days notice at leaft, excluding the day of notice and day of election, fhall be given.

8. That not lefs than a majority of delegates, with their fpeaker (to be chofen by them by ballot) conftitute an houfe for the tranfaction of any business, other than that of adjourn ing.

9. That the house of delegates fhall judge of the elections and qualifications of delegates.

10. That the house of delegates may originate all money bills, propose bills to the fenate or receive thofe offered by that body, and affent, diffent, or propose amendments; that they may inquire, on the oath of witneffes, into all complaints, grievances, and offences, as the grand inqueft of this ftate, and may commit any perfon for any crime to the public jail, there to remain till he be discharged by due courfe of law; they may expel any member for a great misdemeanor, but not a fecond time for the fame caufe; they may examine and pass all accounts of the state, relating either to the collection or expenditure of the revenue, or appoint auditors to ftate and adjuft the fame; they may call for

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all public or official papers and records, and fend for perfons, whom they may judge neceffary, in the courfe of their inquiries, concerning affairs relating to the public intereft, and may direct all office bonds (which fhall be made payable to the state) to be fued for on any breach of duty.

11. That the fenate may be at full and perfect liberty to exercife their judgement in paffing laws, and that they may not be compelled by the houfe of delegates either to reject a money bill which the emergency of affairs may require, or to affent to fome other act of legiflation, in their confcience and judgement injurious to the public welfare; the houfe of delegates fhall not on any occafion, or under any pretence, annex to, or blend with a money bill, any matter, claufe, or thing, not immediately relating to, and neceffary for the impofing, affeffing, levying, or applying the taxes or fupplies, to be raised for the fupport of governiment, or the current expences of the ftate; and to prevent altercation about fuch bills, it is declared, that no bill impofing duties or customs for the mere regulation of commerce, or inAlicting fines for the reformation of morals, or to inforce the execution of the laws, by which an incidental revenue may arife, fhall be accounted a money bill; but every bill affeffing, levying or applying taxes or fupplies for the fupport of government, or the current expences of the ftate, or appropriating money in the treafury, fhall be deemed a money bill.

12. That the house of delegates may punifh, by imprisonment, any person who fhali be guilty of a contempt in their view, by any diforderly or riotous behaviour, or by threats to, or abufe of their members, or by any obftruction to their proceedings; they may alfo punith, by imprisonment, any person who fhall be guilty of a breach of privilege, by arrefting on civil process, or by affaulting any of their members, during their fitting, or on their way to, or return from the house of delegates, or by any affault of, or obftruction to their officers, in the execution of any order or procefs, or by affaulting or obftructing any witness, or any other perfon, attending on, or on their way to, or from the houfe, or by refcuing any perfon committed by the house; and the fenate may exercife the fame power, in fimilar cafes.

13. That the treasurers (one for the western and another for the eastern fhore) and the commiffioners of the loan office may be appointed by the houfe of delegates during their pleasure, and in cafe of refufal, death, refignations, difqualification, or removal out of the ftate of any of the faid commillioners or treafurers, in the recefs of the general affembly, the governor, with the advice of the council, may appoint and commiffion a fit and proper perfon to fuch vacant office, and to hold the fame until the meeting of the next general affembly.

14. That

14. That the fenate be chofen in the following manner: All perfons, qualified as aforefaid to vote for county delegates, fhall, on the first day of September, 1781, and on the fame day in every fifth year for ever thereafter, elect viva voce, by a majority: of votes, two perfons for their respective counties, qualified as aforefaid to be elected county delegates, to be electors of the senate; and the sheriff of each county, or in cafe of fickness, his deputy (fummoning two juftices of the county, who are required to attend for the prefervation of the peace) fhall hold and be judge of the faid election, and make return thereof as aforefaid. And all perfons qualified as aforefaid, to vote for delegates for the city of Annapolis and Baltimore town, fhail on the fame first Monday of September 1781, and on the fame day in every fifth year for ever thereafter, elect viva voce, by a majority of votes, one perfon for the faid city and town refpectively, qualified as aforefaid, to be elected a delegate for the faid city and town refpectively; the faid election to be held in the fame manner as the election of delegates for the faid city and town, the right to elect, the faid elector with refpect to Baltimore town to continue as long as the right to elect delegates for the faid town.

15. That the faid electors of the fenate meet at the city of Annapolis, or fuch other place as fhall be appointed for convening the legislature, on the third Monday in September 1781, and on the fame day in every fifth year for ever thereafter, and they, or any twenty-four of them fo met, fhall proceed to elect, by ballot, either out of their own body, or the people at large, fifteen fenators (nine of whom to be refidents on the w ftern, and fix to be refidents on the eastern shore) men of the most wisdom, experience and virtue, above twenty-five years of age, refidents of the state above three whole years next preceding the election, and having real and perfonal property above the value of one thoufand pounds current money.

16. That the fenators fhall be balloted for, at one and the fame time, and out of the gentlemen refidents of the western fhore, who fhall be propofed as fenators, the nine who fhall, on ftriking the ballots, appear to have the greatest number in their favour, fhall be accordingly declared and returned duly elected; and out of the gentlemen refidents of the eastern fhore, who fhail be propofed as fenators, the fix who fhall, on ftriking the ballots, appear to have the greateft number in their favour, fhall be accordingly declared and returned duly elected; and if two or more, on the fame fhore, fhall have an equal number of ballots in their favour, by which the choice fhall not be determined on the first ballot, then the electors shall again ballot before they separate, in which they fhall be confined to the perfons who on the first ballot fhall have had an equal number; and they who shall have the greatest number in their favour on the second ballot, shall be ac

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cordingly declared and returned duly elected; and if the whole number fhould not thus be made up, because of an equal number on the fecond ballot ftill being in favour of two or more perfons, then the election fhall be determined by lot, between thofe who have equal numbers; which proceedings of the electors fhall be certified under their hands, and returned to the chancellor for the time being.

17. That the electors of fenators fhall judge of the qualifications and elections of members of their body, and on a contested election fhall admit to a feat, as an elector, fuch qualified perfon as fhall 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 fenators, take fuch oath of fupport and fidelity to this ftate, as this convention or the legiflature fhall direct, and also an oath," to elect, without favour, affection, partiality, or prejudice, fuch perfons for fenators as they, in their judgement and confcience, believe best qualified for the office."

19. That in cafe of refufal, death, refignation, difqualification, or removal out of this ftate, of any fenator, or on his becoming governor, or a member of the council, the fenate fhall imme, diately thereupon, or at their next meeting thereafter, elect by ballot, in the fame manner as the electors are above directed to chufe fenators, another person in his place for the refidue of the faid term of five years.

20. That not lefs than a majority of the fenate, with their prefident (to be chofen by them by ballot) fhall conftitute an houfe for the tranfacting any bufinefs, other than that of adjourning.

21. That the fenate fhall judge of the elections and qualifications of fenators.

22. That the fenate may originate any other, except money bills, to which their affent or diffent only fhall be given, and may receive any other bills from the house of delegates, and affent, diffent, or propofe amendments.

23. That the general affembly meet annually, on the first Monday of November, and if neceflary oftener.

24. That each houfe fhall appoint its own officers, and fettle its own rules of proceeding.

25. That a perfon of wisdom, experience and virtue, fhall be chofen governor, on the fecond Monday of November seventeen hundred and feventy-feven, and, on the fecond Monday in every year for ever thereafter, by the joint ballot of both houses, to be taken in each houfe refpectively, depofited in a conference room; the boxes to be examined by a joint committee of both houses, and the numbers feverally reported, that the appointment may be en

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