liv.
THE CONSTITUTION AND FORM OF GOVERNMENT,
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 their own body, or the people at large, fifteen senators,
(nine of whom
to be residents on the western, and six 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
(e).
16. 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
numbers 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 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 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 declared and returned duly
elected; and
if the whole number shall 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 two 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
seat, as an elector, such qualified person as shall 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 senators, take such oath, or affirmation (f),
of support and
fidelity to this state, as this convention or the legislature shall direct,
and also
an oath, or affirmation (f), to elect, without favour or 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 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 choose senators, another person in his place for the residue of the
said
term of five years.
(e) The persons to be elected
senators were required to have in the state real and personal property
above the value of one thousand pounds current money; but by November 1809,
ch. 198,
confirmed by 1810, ch. 18, all such parts of the constitution as required
a property qualification
in persons elected members of the legislature, were abolished.
(f) The alternative of an affirmation
was given by the act of 1794, ch. 49, confirmed by 1795,
ch. 11, but was thereby confined to Quakers, Menonists, Tunkers, or Nicolites,
or New Quakers,
who should be conscientiously scrupulous of taking an oath on any occasion;
the provisions of
which are inserted in a new section, numbered 62. It has since been extended
to all persons professing
the christian religion, who hold it unlawful to take an oath on any occasion,
by the act
of 1817, ch. 61, confirmed by 1818, ch. 163; the provisions of which are
inserted in a new section
numbered 65.
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