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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 138   View pdf image (33K)
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                                                    PROCEEDINGS of CONVENTION.                                                                        1776.

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, and having therein real and personal property above the value of one thousand pounds current
money.
    16.  That the senators shall be ballotted 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 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 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 of support and fidelity to this state, as this convention or the legislature
shall direct, and also an oath or affirmation 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 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 remainder of the said term of five years.
    20.  That not less than a majority of the senate, with their president, (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 qualifications of senators.
    22.  That the senate may originate any other except money bills, to which their assent or dissent only
shall be given, and may receive any other bills from the house of delegates, and assent, dissent, or propose
amendments.
    23.  That the general assembly next annually, on the first Monday of November, and if necessary
oftener.
    24.  That each house shall appoint its own officers, and settle its own rules of proceeding.
    25.  That a person of wisdom, experience and virtue, shall be chosen governor, on the second Monday
of November, seventeen hundred and seventy-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; which mode of taking the joint ballot of both houses shall
be adopted in all cases.  But if two or more shall have an equal number of ballots in their favour, by
which the choice shall not be determined on the first ballot, then a second ballot shall be taken, which
shall be confined to the persons, who on the first ballot shall have had an equal number; and if the
ballots should again be equal between two or more persons, then the election of the governor shall be determined
by lot, between those who have equal numbers.
    26.  That the senators and delegates, on the second Tuesday of November seventeen hundred and seventy-seven,
and annually on the second Tuesday of November for ever thereafter, elect by joint ballot,
in the same manner as senators are directed to be chosen, five of the most sensible, discreet, and experienced
men, above twenty-five years of age, residents in the state above three years next preceding the
election, and having thereon a freehold in lands and tenements, above the value of one thousand pounds
current money, to be the council to the governor, whose proceedings shall be always entered on record,
to any part whereof any member may enter his dissent, and their advice, if so required by the governor,
or any member of the council, shall be given in writing, and signed by the members giving the same respectively;
which proceedings of the council shall be laid before the senate, or house of delegates, when
called for by them, or either of them.  The council may appoint their own clerk, who shall take such
oath or affirmation of support and fidelity to this state, as this convention or the legislature shall direct,
and of secrecy, in such matters as he shall be directed by the board to keep secret.
    27.  That the delegates to congress from this state shall be chosen annually, or superseded in the mean
time by the joint ballot of both houses of assembly, and that there be a rotation, in such manner that at

least two of the number be annually changed, who shall not be eligible for two years then next to come;
and that no person who holds any office of profit in the gift of congress, shall be eligible to sit in congress,
but if appointed to any such office, his seat shall be thereby vacated.  That no person, unless above
twenty-five years of age, and a resident in this state more than five years next preceding the election, and
having real and personal estate in this state above the value of one thousand pounds current money, shall
be eligible to sit in congress.
    28.  That the senators and delegates, immediately on their annual meeting, and before they proceed to
any business and every person hereafter elected a senator or delegate, before the acts as such, shall take
such oath of support and fidelity to this state as aforesaid, and before the election of the governor, or members
of the council, shall take an oath, to elect without favour, affection, partiality, or prejudice, such
person as governor, or member of the council, as they, in their judgment and conscience, believe best
qualified for the office.
    29.  That the senate and delegates may adjourn themselves respectively; but if the two houses should
not agree on the same time, but adjourn to different days, then shall the governor appoint and notify one
of those days, or some day between, and the assembly then shall meet and be held accordingly, and he
shall, if necessary, by advice of the council, call them before the time to which they shall in any manner
be adjourned, on giving not less than ten days notice thereof, but the governor shall not adjourn the assembly
otherwise than as aforesaid, not profogue or dissolve it any time.


 

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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 138   View pdf image (33K)
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