shall take place throughout the State, on the first
Wednesday of October next, and on the same
day every third year thereafter; and in case of a
tie between two or more persons for said office,
then, the Judge or Judges of the court having
criminal jurisdiction in the county, Howard dis-
trict, or city of Baltimore, in which said tie may
happen, shall designate which of said persons
shall qualify as Prosecuting Attorney.
On motion of Mr. SHRIVER, the report was or-
dered to be printed.
BASIS OF REPRESENTATION.
Mr. MERRICK said that it was his intention
this morning to have made a report from the com-
mittee on representation. He desired, however,
when he made it, that the other members of the
committee should be present. He thought it
was the intention of two or three of them to
make independent reports. He should be glad
to make his own sometime in the course of to-
day, but should prefer delaying it until the other
members of the committee should be in their
seats.
The mode in which the report came in was
somewhat peculiar, and for this reason he pre-
ferred that it should be made in the presence of
the other members of the committee. He would
suggest, therefore, that if they should not be in
their seats before the Convention passed to the
orders of the day. he should be allowed, at some
period of the sitting, to move to suspend business,
in order that the report might be presented.
Mr. HOWARD said he hoped that the Conven-
tion would accord to the Chairman of the com-
mittee, (Mr. Merrick,) the privilege making his
report in the manner suggested. The committee
had had frequent meetings, and had at last agreed
to bring the subject matter of their deliberations
before the Convention in a very imperfect shape,
because it was the only mode in which the com-
mittee could accomplish the object. But it was
an important mode. There were two minority
reports, besides a partial report of his own, which,
with that of the Chairman of the committee,
would make four reports altogether.
The PRESIDENT suggested that the Convention
would, without doubt, grant to the gentleman the
privilege of making his report at any time dor.
ing the day.
Mr. MERRICK. The report which it is my in-
tention to make, is not a report in which the
committee, as a committee, concur. It is a re-
port which I, as chairman, shall make by the
permission and authority of the committee—they
having reserved the right to act open it as they
please.
It is only for the purpose of bringing the ques-
tion before the Convention, according to the usu-
al forms, that the report will be made.
Mr. SMITH could not see any good reason, he
said, why the regular business of the Convention
should be interrupted for the purpose of receiving
this report.
The gentleman from Charles, (Mr. Merrick,)
could now present his report, and the minority
reports could be made whenever the gentlemen
were present. In the meantime, the report of

the chairman of the committee would take the
usual course. It was utterly impossible to understand
reports which were read from the
clerk's table, owing to the confusion in the
Hall.
He, [Mr. S..] preferred that the gentlemen
should hand in their reports, and that they should
be printed. They could then be read and un-
derstood by the members. The question was a
very important one, and this, he thought, would
be the best course that could be adopted.
Mr. CHAMBERS, of Kent, now took his seat..
Mr. HOWARD, speaking for the other member,
(alluded to by Mr. MERRICK,) and who was not
at the moment in his seat, (Mr. Lloyd,) suggested
that Mr. MERRICK should make his report.
Mr, MERRICK, acquiescing in the suggestion,
said, he would present his report at this time—
prefacing it with the remark that, after long and
anxious deliberation, and comparison of views
and arguments, the committee had found it im-
possible to concur by a majority, in any plan
whatsoever. Aware of the difficulties which
would embarrass the Convention, if they should
come before it without some scheme as a basis
of action, and should ask to be discharged from
the further consideration of the subject, the committee
had authorised him, as their too much
honored chairman, to present a report which
embodied simply his own views. ,
But, it came in, he repeated, by the permission
and under the authority of the committee.
At the same time, he was bound to say, that
each and every member of the committee, (ex-
cept himself,) had reserved to themselves the
privilege of adhering to their several and respec-
tive views and opinions, and had directed him to
say, that they desired the Convention not to hold
them committed, individually or collectively, to
any of the principles or details of the report.
And it was solely for the purpose of bringing the
subject in an orderly and regular manner, before
the Convention, that the committee had author-
ised this report to be made.
The report which he now presented, varied
from the scheme which he, himself, had formerly
submitted, and had had referred to the commit-
tee on representation. But it varied only in this
respect—that, upon further reflection, he bad
thought it would be well to provide for the repre-
sentation of fractions in sundry counties. [Mr.
M. explained]
The result in the several counties varied from
the result anticipated in the project and tables he
had before submitted. This was attributable to
the difference in what it was supposed would be,
and what were now known to be the census re-
turns.
Mr. M. now read the report as follows:
REPORT.
Section 1. The legislature shall be formed of
two distinct branches, a Senate and a House of
Delegates, which together shall be a complete
legislature, and shall be styled the General Assembly
of Maryland.
Sec 2. The House of Delegates shall consist