380 PROCEEDINGS OF THE CONVENTION [1776.

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 confin-
ed 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 be-
cause 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 qualifica-
tions 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 hare the greatest number of legal votes
in his favour.

18. " That the electors immediately on their meeting, and be-
fore 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 animation "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 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 pre-
sident, (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 qualifica-
tion of senators.