1776.
PROCEEDINGS of CONVENTION.
Monday of October, seventeen hundred and seventy-seven,
and on the same day in every year thereafter,
assemble in the counties in which they are respectively qualified to vote,
at the court-houses in the said
counties, or at such other place as the legislature shall direct; and when
assembled, or the major part of
such of them as do assemble, shall elect, viva voce, four delegates
for each county, of the most wise, sensible,
and discreet of the people, residents in the county fro which they are
to be chosen one whole year next
preceding the time of election, above twenty-one years of age, and having
in the state real and personal
property above the value of five hundred pounds current money.
3. That the sheriff of each county, or in case
of sickness, his deputy, (summoning two justices of the
county, who are required to attend for the preservation of the peace) shall
be judge of the election, and
may adjourn from day to day, if necessary, till the same 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 persons, qualified by the charter
of the city of Annapolis to vote for burgesses, shall, on the
same first Monday of October, seventeen hundred and seventy-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 said
charter; that the mayor, recorder and aldermen, of the said city, or any
three of them, be judge of the
election, appoint the place in the said city for holding the same, and
may adjourn from day to day as
aforesaid, and shall make return thereof as aforesaid.
5. That all persons, inhabitants of Baltimore-town,
and having the same qualifications as electors in
the county, shall on the same first Monday of October, seventeen hundred
and seventy-seven, and on the
same day in every year for ever thereafter, at such place in the said town
as the judges shall appoint, elect,
viva voce, by a majority of votes, two delegates, qualified as aforesaid.
6. that the commissioners of the said town, or
any three or more of them, for the time being, shall be
judges of the said election, and may adjourn as aforesaid, and shall make
return thereof as aforesaid; but
the inhabitants of the said town shall not be entitled to vote for delegates
for Baltimore county, unless
they have a freehold of fifty acres of land in the county without the limits
of the said town.
7. That on refusal, death, disqualification, resignation,
or removal out of this state, of any delegate, or
on his becoming governor, or member of the council, a warrant of election
shall issue by the speaker, for
the election of another in his place, of which ten days notice at the least,
excluding the day of notice and
the day of election, shall be given.
8. That not less than a majority of the delegates,
with their speaker, (to be chosen by them by ballot)
constitute an house for the transacting 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 senate, or receive
those offered by that body, and assent, 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 person for any crime to the public gaol, there to remain till he be
discharged by due course of
law; they may expel any member for a great misdemeanour, but not a second
time for the same 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 public or official papers
and records, and send for persons, 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 sued for any breach of duty.
11. That the senate may be at full and perfect
liberty to exercise their judgment in passing laws, and
that they may not be compelled by the house of delegates and the public
distress, either to reject a money
bill which the emergency of affairs may require, or to assent to some other
act of legislation, in their
conscience and judgment injurious to the public welfare; the house of delegates
shall not, on any occasion,
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 imposing, assessing, levying or applying,
the taxes or supplies, to
be raised for the support of government, or the current expences of the
state; and to prevent altercation
about such bills, it is declared, that no bill imposing duties or customs
for the mere regulation of commerce,
or inflicting fines for the reformation of morals, or to enforce the execution
the execution of the laws, by
which an incidental revenue may arise, shall be accounted a money bill;
but every bill assessing, 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 whop shall 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 arresting on civil process,
or by assaulting, any of their members,
during their sitting, or on their way to or return from the house of delegates,
or by any assault of
or obstruction to their officers, in the execution of any order or process,
or by assaulting or obstructing
any witness, or other person, attending on, or on their way to or from,
the house, or by rescuing any
person committed by the house; and the senate 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 case of refusal,
death, resignation, disqualification, or removal out of the state, of any
of the said 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, to hold the
same until the meeting of the
next general assembly.
14. That the senate be chosen in the following
manner: All persons, qualified as aforesaid to vote for
county delegates, shall, on the first Monday 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 of 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 sickness, 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.
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, 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
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