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The Convention having gone through the form of Government paragraph by paragraph, and made several additions and amendments, the same was agreed to as follows:
"THE CONSTITUTION AND FORM OF GOVERNMENT, AGREED
TO BY THE DELEGATES OF MARYLAND IN FREE AND FULL
CONVENTION ASSEMBLED.
"1˙ That the Legislature consist of two distinct branches, a Senate, and a House of Delegates, which shall be styled The General Assembly of Maryland.
"2˙ That the House of Delegates shall be chosen in the following manner: All freemen, above twenty-one years of age, having a freehold of fifty acres of land in the County in which they offer to vote, and residing therein, and all freemen, having property in this State above the value of thirty pounds, current money, and having resided in the County in which they offer to vote one whole year next preceding the election, shall have a right of suffrage in the election of Delegates for such County; and all freemen so qualified shall, on the first 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-House in the said Counties, or at such other place as the Legislature shall direct; and when assembled, they shall proceed to elect, viva voce, four Delegates for their respective Counties, of the most wise, sensible, and discreet of the people, residents in the County where they are to be chosen one whole year next preceding the election, above twenty-one years of age, and having in the State real or personal property above the value of five hundred pounds, current money; and upon the final casting of the polls, the four persons who shall appear to have the greatest number of legal votes, shall be declared and returned duly elected for their respective County.
"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 forever 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 judges 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: but the inhabitants of the said City shall not be entitled to vote for Delegates for Anne Arundel County, unless they have a freehold of fifty acres of land in the County, distinct from the City.
"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 forever 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: bit if the said inhabitants of the Town shall so decrease, as that the number of persons having right of suffrage therein shall have been for the space of seven years successively less than one half of the number of voters in some one County in this State,
"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 or be elected Delegates for Baltimore County, neither shall the inhabitants of Baltimore County, out of the limits of Baltimore Town, be entitled to vote for or be elected Delegates for the said Town.
"7˙ That on refusal, death, disqualification, resignation, or removal out of this State, of any Delegate, or on his becoming Governour, 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 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 a 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 publick Jail, 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 publick 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 publick 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, 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 publick 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 expenses 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 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 expenses 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
"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 forever 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 forever thereafter, elect viva voce, by a majority of votes, one person for the said 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, seventeen hundred and eighty-one, and on the same day in every fifth year forever 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
"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.
"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 Governour, on the second Monday of November, seventeen hundred and seventy-seven, and on the second Monday in every year forever 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 Governour shall be determined by lot, between those who have equal numbers; and if the person chosen Governour shall die, resign, remove out of the State, or refuse to act, (sitting the General Assembly,) the Senate and House of Delegates shall immediately thereupon proceed to a new choice in manner aforesaid.
"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 forever 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 seventy-five years of age, residents in the State above three years next preceding the election, and having therein a freehold of lands and tenements, above the value of one thousand pounds, current money, to be the Council to the Governour, 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 Governour, 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 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, and no person shall be capable of being a Delegate to Congress for more than three in any term of six years; and 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 he acts as such, shall take an oath of support and fidelity to this State as aforesaid, and before the election
"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 Governour appoint and notify one of those days or some day between, and the Assembly shall then 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 Governour shall not adjourn the Assembly otherwise than as aforesaid, nor prorogue or dissolve it at any time.
"30˙ That no person unless above twenty-five years of age, a resident in this State above five years next preceding the election, and having in the State real and personal property above the value of five thousand pounds, current money, one thousand pounds whereof at least to be of freehold estate, shall be eligible as Governour.
"31˙ That the Governour shall not continue in that office longer than three years successively, nor be eligible as Governour until the expiration of four years, after he shall have been out of that office.
"32˙ That upon the death, resignation, or removal out of this State of the Governour, the first named of the Council for the time being, shall act as Governour, and qualify in the same manner, and shall immediately call a meeting of the General Assembly, giving not less than fourteen days notice of the meeting, at which meeting a Governour shall be appointed, in manner aforesaid, for the residue of the year.
"33˙ That the Governour, by and with the advice and consent of the Council, may imbody the Militia, and when imbodied shall alone have the direction thereof, and shall also have the direction of all the regular land and sea forces under the laws of this State, but he shall not command in person unless advised thereto by the Council, and then only so long as they shall approve thereof, and may alone exercise all other the executive powers of Government, where the concurrence of the Council is not required, according to the laws of this State, and grant reprieves or pardons for any crime, except in such cases where the law shall otherwise direct; and may, during the recess of the General Assembly, lay embargoes to prevent the departure of any shipping, or the exportation of any commodities, for any time not exceeding thirty days in any one year, summoning the General Assembly to meet within the time of the continuance of such embargo, and may also order and compel any vessel to ride quarantine, if such vessel, or the port from which she shall have come, shall, on strong grounds, be suspected to be infected with the plague; but the Governour shall not, under any pretence, exercise any power or prerogative, by virtue of any law, statute, or custom of England or Great Britain.
"34˙ That the Members of the Council, or any three or more of them, when convened, shall constitute a Board for the transacting of business; that the Governour for the time being shall preside in the Council, and be entitled to a vote on all questions in which they shall be divided in opinion; and in the absence of the Governour the first named of the Council shall preside, and as such shall also vote in all cases where the other members disagree in their opinion.
"35˙ That in case of refusal, death, resignation, disqualification, or removal out of the State, by any person chosen a Member of the Council, the Members thereof, immediately thereupon, or at their next meeting thereafter, shall elect, by ballot, another person, qualified as aforesaid, in his place, for the residue of the year.
"36˙ That the Council shall have power to make the great seal of this State, which shall be kept by the Chancellor for the time being, and affixed to all laws, commissions, grants, and other publick testimonials, as has been heretofore practised in this State.
"37˙ That no Senator, Delegate of the Assembly, or Member of the Council, if he shall qualify as such, shall hold or execute any office of profit, or receive the profits of any office exercised by any other person, during the time for which he shall be elected; nor shall any Governour be capable of holding any other office of profit in this State
"38˙ That every Governour, Senator, Delegate to Congress or Assembly, and Member of the Council, before he acts as such, shall take an oath ‘That he will not receive, directly or indirectly, at any time, any part of the profits of any office held by any other person during his acting in his office of Governour, Senator, Delegate to Congress or Assembly, or Member of the Council, or the profits, or any part of the profits arising on any agency, for the supply of clothing or provisions for the Army or Navy.’
"39˙ That if any Senator, Delegate to Congress or Assembly, or Member of the Council, shall hold or execute any office of profit, or receive directly or indirectly, at any time, the profits or any part of the profits of any office exercised by any other person, during his acting as Senator, Delegate to Congress or Assembly, or Member of the Council, his seat, on conviction in a court of law, by the oath of two credible witnesses, shall be void, and he shall suffer the punishment for willful and corrupt perjury, or be banished this State forever, or disqualified forever from holding any office or place of trust or profit, as the court may adjudge.
"40˙ That the Chancellor, all Judges, the Attorney-General, Clerks of the General Court, the Clerks of the County Courts, the Registers of the Land Office, and the Registers of Wills, shall hold their commissions during good behaviour, removable only for misbehaviour, on conviction in a court of law.
"41˙ That there be a Register of Wills appointed for each County, who shall be commissioned by the Governour, on the joint recommendation of the Senate and House of Delegates, and that upon the death, resignation, disqualification, or removal out of the County, by any Register of Wills in the recess of the General Assembly, the Governour, 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 General Assembly.
"42˙ That Sheriffs shall be elected in each County by ballot every third year, that is to say, two persons for the office of Sheriff for each County, the one of whom having the majority of votes, or if both have an equal number, either of them, at the discretion of the Governour, to be commissioned by the Governour for the said office; and having served for three years, such person shall be ineligible for the four years next succeeding: bond with security to be taken every year as usual, and no Sheriff shall be qualified to act before the same is given. In case of death, refusal, resignation, disqualification, or removal out of the County, before the expiration of the three years, the other person chosen as aforesaid, shall be commissioned by the Governour to execute the said office for the residue of the said three years; the said person giving bond with security as aforesaid, and in case of his death, refusal, resignation, disqualification, or removal out of the County, before the expiration of the said three years, the Governour, with the advice of the Council, may nominate and commission a fit and proper person to execute the said office for the residue of the said three years; the said person giving bond and security as aforesaid; the election shall be held at the same time and place appointed for the election of Delegates, and the Justices there summoned to attend for the preservation of the peace shall be judges thereof, and of the qualification of candidates, who shall appoint a clerk to take the ballots: all freemen above the age of twenty-one years, having a freehold of fifty acres of land in the County in which they offer to ballot, and residing therein, and all freemen above the age of twenty-one years, and having property in the State above the value of thirty pounds, current money, and having resided in the County in which they offer to ballot one whole year next preceding the election, shall have a right of suffrage; no person to be eligible to the office of Sheriff for a County but an inhabitant of the said County, above the age of twenty-one years, and having real and personal property in the State above the value of one thousand
"43˙ That every person who shall offer to vote for Delegates, or for the Electors of the Senate, or for the Sheriff, shall (if required by any three persons qualified to vote) before he be admitted to poll, take such oath or affirmation of support and fidelity to this State as this Convention or the Legislature shall direct.
"44˙ That a Justice of the Peace may be eligible as a Senator, Delegate, or Member of the Council, and may continue to act as a Justice of the Peace.
"45˙ That no Field-Officer of the Militia shall be eligible as a Senator, Delegate, or Member of the Council.
"46˙ That all civil officers hereafter to be appointed for the several Counties of this State shall have been residents of the County respectively for which they shall be appointed, six months next before their appointment, and shall continue residents of their County respectively during their continuance in office.
"47˙ That the Judges of the General Court and Justices of the County Courts, may appoint the Clerks of their respective courts, and in case of refusal, death, resignation, disqualification, or removal out of the State, or from their respective Shores, of the Clerks of the General Court, or either of them, in the vacation of the said court; and in case of the refusal, death, resignation, disqualification, or removal out of the County of any of the said County Clerks in the vacation of the County Court of which he is clerk, the Governour with the advice of the Council may appoint and commission a fit and proper person to such vacant office respectively, to hold the same until the meeting of the next General Court or County Court, as the case may be.
"48˙ That the Governour for the time being, with the advice and consent of the Council, may appoint the Chancellor, and all Judges and Justices, the Attorney-General, naval officers, officers in the regular land and sea service, officers of the Militia, Registers of the Land Office, Surveyors, and all other civil officers of Government, (Assessors, Constables, and Overseers of the Roads only excepted,) and may also suspend or remove any civil officer who has not a commission during good behaviour, and may suspend any militia officer for one month, and may also suspend or remove any regular officer in the land or sea service; and the Governour may remove or suspend any militia officer in pursuance of the judgment of a Court-Martial.
"49˙ That all civil officers, of the appointment of the Governour and Council, who do not hold commissions during good behaviour, shall be appointed annually in the third week of November, but if any of them shall be reappointed, they may continue to act without any new commission or qualification; and every officer though not reappointed shall continue to act until the person who shall be appointed and commissioned in his stead shall be qualified.
"50˙ That the Governour, every member of the Council, and every Judge and Justice, before they act as such, shall respectively take an oath, ‘that he will not, through favour, affection, or partiality, vote for any person to office, and that he will vote for such person as in his judgment and conscience he believes most fit and best qualified for the office, and that he has not made, nor will make, any promise or engagement to give his vote or interest in favour of any person.’
"51˙ That there be two Registers of the Land Office, one upon the Western, and one upon the Eastern-Shore; that short extracts of the grants and certificates of the land on the Western and Eastern Shores respectively be made in separate books, at the publick expense, and deposited in the offices of the said Registers, in such manner as shall hereafter be provided by the General Assembly.
"52˙ That every Chancellor, Judge, Register of Wills, Commissioner of the Loan Office, Attorney-General, Sheriff, Treasurer, Naval Officer, Register of the Land Office, Register of the Chancery Court, and every Clerk of the Common Law Courts, Surveyor, and Auditor of Publick Accounts, before he acts as such, shall take an oath ‘that he will not
"53˙ That if any Governour, Chancellor, Judge, Register of Wills, Attorney-General, Register of the Land Office, Commissioner of the Loan Office, Register of the Chancery Court, or any Clerk of the Common Law Courts, Treasurer, Naval Officer, Sheriff, Surveyor, or Auditor of Publick Accounts, shall receive directly or indirectly, at any time, the profits or any part of the profits of any office, held by any other person, during his acting in the office to which he is appointed, his election, appointment and commission, on conviction in a court of law, by the oath of two credible witnesses, shall be void, and he shall suffer the punishment for willful and corrupt perjury, or be banished this State forever, or disqualified forever from holding any office or place of trust or profit, as the court may adjudge.
"54˙ That if any person shall give any bribe, present, or reward, or any promise, or any security for the payment or delivery of any money, or any other thing, to obtain or procure a vote, to be Governour, Senator, Delegate to Congress, or Assembly, Member of the Council, or Judge, or to be appointed to any of the said offices, or to any office of profit or trust, now created or hereafter to be created in this State, the person giving and the person receiving the same, on conviction in a court of law, shall be forever disqualified to hold any office of trust or profit in this State.
"55˙ That every person appointed to any office of profit or trust shall, before he enters on the execution thereof, take the following oath, to wit: ‘I, A B, do swear, that I do not hold myself bound in allegiance to the King of Great Britain, and that I will be faithful and bear true allegiance to the State of Maryland.’ And shall also subscribe a declaration of his belief in the Christian religion.
"56˙ That there be a Court of Appeals, composed of persons of integrity and sound judgment in the law, whose judgment shall be final and conclusive in all cases of appeal, from the General Court, Court of Chancery, and Court of Admiralty: That one person of integrity and sound judgment in the law, be appointed Chancellor. That three persons of integrity and sound judgment in the law, be appointed Judges of the court now called the Provincial Court; and that the same court be hereafter called and known by the name of the General Court; which court shall sit on the Western and Eastern Shores for transacting and determining the business of the respective Shores, at such times and places as the future Legislature of this State shall direct and appoint.
"57˙ That the style of all laws run thus: ‘Be it enacted by the General Assembly of Maryland:’ That all publick commissions and grants runs thus: ‘The State of Maryland, &c˙:’ and shall be signed by the Governour, and attested by the Chancellor, with the seal of the State annexed, except military and militia commissions, which shall not be attested by the Chancellor or have the seal of the State annexed: That all writs shall run in the same style, and be tested, sealed, and signed, as usual: That all indictments shall conclude, ‘Against the peace, government and dignity of the State.’
"58˙ That all penalties and forfeitures, heretofore going to the King or Proprietary, shall go to the State, save only such as the General Assembly may abolish or otherwise provide for.
"59˙ That this form of Government, and the Declaration of Rights, and no part thereof, shall be altered, changed, or abolished, unless a bill so to alter, change, or abolish the same, shall pass the General Assembly and be published at least three months before a new election, and shall be confirmed by the General Assembly after a new election of Delegates, in the first session after such new election; provided that nothing in this form of Government which relates to the Eastern-Shore particularly shall at any time hereafter be altered, unless for the alteration and confirmation thereof at least two-thirds of all the members of each branch of the General Assembly shall concur.
"60˙ That every bill passed by the General Assembly, when engrossed, shall be presented by the Speaker of the House of Delegates, in the Senate, to the Governour, for the
"61˙ That to introduce the new Government, an election be held for the Electors of the Senate on Monday, the twenty-fifth of November, in this present year, and that the Electors of the Senate meet at Annapolis on Monday, the ninth of December, in this present year, and there choose Senators, and that an election be held on Wednesday, the eighteenth of December, for Delegates to serve in General Assembly, and for Sheriffs; and that the said elections be made by such persons in the same manner and under the same qualifications as such elections are herein before directed to be made at the periodical times before mentioned; the returns of all which first elections shall be made to the Council of Safety for the time being; and the General Assembly shall meet at Annapolis, on Monday, the tenth of February next, and shall in their then session, or in such future session as they shall think proper, choose a Governour and Council for the residue of the year, in the manner before directed: and for filling in the first instance only all the offices in the disposition of the Governour with the advice of the Council, the House of Delegates may also propose to the Senate a list of all officers in the appointment of the Governour with the advice of the Council, and on the Senate concurring therein, or in the recommendation of any of the persons therein mentioned, such persons so recommended shall be commissioned by the Governour; but if the Senate shall not concur in the recommendation of any of the persons proposed as aforesaid, then shall a joint ballot of both Houses be taken in manner aforesaid for persons to be recommended for such offices, and the persons in whose favour such ballot shall pass shall be commissioned as aforesaid."
The Constitution and Form of Government agreed to by the Delegates of Maryland
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such Town thenceforward shall cease to send two Delegates or Representatives to the House of Delegates, until the said Town shall have one half of the number of voters in some one County in this State.
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during their pleasure; and in case of refusal, death, resignations, disqualification, or removal out of the State, of any of the said Commissioners or Treasurers, in the recess of the General Assembly, the Governour, 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.
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his becoming Governour, 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.
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of the Governour, or Members of the Council, shall take an oath ‘to elect, without favour, affection, partiality, or prejudice, such person, as Governour, or Member of the Council, as they, in their judgment and conscience, believe best qualified for the office.’
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while he acts as such; and no person holding a place of profit, or receiving any part of the profits thereof, or receiving the profits or any part of the profits arising on any agency for the supply of clothing or provisions for the Army or Navy, or holding any office under the United States, or any of them, or a minister or preacher of the Gospel, of any denomination, or any person employed in the regular land service, or marine, of this or the United States, shall have a seat in the General Assembly or the Council of this State.
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pounds, current money; the Justices aforesaid shall examine the ballots, and the two candidates properly qualified, having in each County the majority of legal ballots, shall be declared duly elected for the office of Sheriff for such County, and returned to the Governour and Council, with a certificate of the number of ballots for each of them.
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directly or indirectly receive any fee or reward for doing his office of but what is or shall be allowed by law, nor will directly or indirectly receive the profits or any part of the profits of any office held by any other person, and that he does not hold the same office in trust or for the benefit of any other person.’
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time being, who shall sign the same, and thereto affix the
great seal, in the presence of the members of both Houses, very law shall be recorded in the General Court Office of the Western-Shore, and in due time printed, published, and certified under the great seal, to the several County Courts, in the same manner as hath been heretofore used in this State.