PROCEEDINGS of CONVENTION.
1776.
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,
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 insisting fines for the reformation of morals, or
to enforce 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 who 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 any 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, or 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 for 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: And all persons qualified as aforesaid
to vote for delegates for the city of Annapolis and Baltimore-town,
shall on the same 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, one person for the city and town respectively,
qualified as aforesaid to be elected a delegate for the
said city and town respectively; the said election
to be held in the same manner as the election of delegates
for the said city and town, the right to
elect the said elector with respect to Baltimore-town
to continue as long as the right to elect delegates for
the said town.
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, and having therein real and personal property
above the value of one thousand pounds current
money.
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 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 of support and fidelity to this state,
as this convention or the legislature shall direct,
and also an oath 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 residue 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 a house for the transacting any business,
other than that of adjourning.
21. That the senate shall judge
of the elections and qualification 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
meet annually, on the first Monday of November, and if necessary
oftener.
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