The CONSTITUTION, or FORM of GOVERNMENT, &c.

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1.HAT the legislature consist of two distinct branches, a fenate, and a house of delegates, which shall be stiled, The General Assembly of Maryland.

2. That the house of delegates shall be chosen 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 offer to vote, and refiding therein, and all freemen having property in this state above the value of thirty pounds current money, and having resided in the county in which they offer to vote, one whole year next preceding the election, shall have a right of fuffrage in the election of delegates for fuch county; and all freemen fo qualified shall, on the first Monday of October seventeen hundred and seventy-seven, and on the fame day in every year thereafter, assemble in the counties in which they are respectively qualified to vote, at the court-house in the faid counties, or at fuch other place as the legislature shall direct, and when assembled they shall proceed to elect, viva voce, four delegates for their respective counties, of the most wise, sensible, and difcreet of the people, residents in the county where they are to be chosen one whole year next preceding the election, above twentyone years of age, and having in the state real or perfonal property above the value of five hundred pounds current money, and upon the final cafting 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 counties.

3. That the sheriff of each county, or in case of fickness, his deputy (fummoning two justices of the county, who are required to attend for the preservation of the peace) shall be the judge of the election, and may adjourn from day to day, if necessary, till the fame 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 perfons, qualified by the charter of the city of Annapolis to vote for burgesses, shall on the fame first Monday of Otober seventeen hundred and feventy-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 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 aforesaid, and shall make return thereof as aforefaid; 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 perfons, inhabitants of Baltimore town, and having the fame qualifications as electors, in the county, shall, on the same first Monday in October seventeen hundred and feventy-seven, and on the same day in every year for ever thereafter, at fuch place in the said town as the judges shall appoint, elect viva voce, by a majority of votes, two delegates, qualified as aforefaid; but if the faid inhabitants of the town shall so decrease, as that the number of persons having a right of fuffrage therein, shall have been for the space of feven years fucceffively lefs than one half the number of voters in fome one county in this state, fuch town thenceforward ceafe to send two delegates or representatives to the house of delegates, until the faid town shall have one half of the number of voters in some one county in this state.

6. That the commiffioners of the said town, or any three or more of them, for the time being, shall be judges of the faid election, and may adjourn as aforesaid, and shall make return thereof as aforesaid; but the inhabitants of the faid 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, refignation, or removal out of this state, of any delegate, or on his becoming governor, or member of the council, a warrant of election shall iffue by the speaker, for the election of another in his place, of which ten days notice at least, excluding the day of notice and day of election, shall be given.

8. That not less than a majority of delegates, with their speaker (to be chosen by them by ballot) constitute an house for the tranfaction of 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 fenate or receive those offered by that body, and affent, 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 perfon 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 fame 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

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all public or official papers and records, and fend for perfons, 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 fued for on any breach of duty.

11. That the fenate may be at full and perfect 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 affent to some other act of legiflation, in their confcience and judgement injurious to the public welfare; the house of delegates shall not on any occafion, 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 impofing, assessing, levying, or applying the taxes or supplies, to be raised for the support of governinent, or the current expences of the state; and to prevent altercation about such bills, it is declared, that no bill impofing duties or customs for the mere regulation of commerce, or inflicting fines for the reformation of morals, or to inforce the execution of the laws, by which an incidental revenue may arife, 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 shali 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 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 process, or by afsfaulting or obstructing any witness, or any other perfon, attending on, or on their way to, or from the house, or by rescuing any person committed by the house; and the fenate 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 cafe of refusal, death, resignations, disqualification, or removal out of the state of any of the faid 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, and to hold the fame until the meeting of the next general assembly.

14. That 14. That the fenate be chosen in the following manner: All perfons, qualified as aforesaid to vote for county delegates, shall, on the first day 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 fickness, 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 perfons 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 fame day in every fifth year for ever thereafter, elect viva voce, by a majority of votes, one person for the faid city and town respectively, qualified as aforesaid, to be elected a delegate for the faid city and town respectively; the said election to be held in the fame 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 faid 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 legiflature, 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 so met, shall proceed to elect, by ballot, either out of their own body, or the people at large, fifteen fenators (nine of whom to be residents on the wostern, and fix 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 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 fame time, and out of the gentlemen refidents 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 favour, shall be accordingly declared and returned duly elected; and out of the gentlemen residents of the eastern shore, who shall be proposed as fenators, the fix who shall, on striking the ballots, appear to have the greatest number 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 favour on the second ballot, shall be accordingly

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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 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 feat, as an elector, such qualified perfon as shall appear to them to have the greatest number of legal votes in his favour.

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18. That the electors immediately on their meeting, and before they proceed to the election of fenators, take such oath of fupport and fidelity to this state, as this convention or the legiMature shall direct, and also an oath, to elect, without favour, affection, partiality, or prejudice, such persons for fenators as they, in their judgement and conscience, believe best qualified for the office."

19. That in case of refusal, death, refignation, disqualification, or removal out of this state, of any fenator, or on his becoming governor, or a member of the council, the senate shall imme. diately 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 faid term of five years.

20. That not less than a majority of the fenate, with their prefident (to be chosen by them by ballot) shall constitute an house for the transacting any business, other than that of adjourning.

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

22. That the senate may originate any other, except money bills, to which their affent or diffent only shall be given, and may receive any other bills from the house of delegates, and affent, diffent, 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 fettle its own rules of proceeding.

25. That a perfon of wisdom, experience and virtue, shall be chosen governor, on the second Monday of November seventeen hundred and feventy-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;

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