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appointed for convening the Legislature, on the third Monday in September, 1781, 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 sixto 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 real and personal property, above the value of one thousand pounds current money.

XVI. 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 on striking the ballots, appear to have the greatest number 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.

XVII. That the electors of Senators shall judge of the qualifications and elections of their members; and on a contested clection, shall admit to a seat, as an elec

tor

tor, such qualified person, as shall appear to them to have the greatest number of legal votes in his favour.

XVIII. 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 clect, without favour, affection, partiality, or prejudice, such persons for Senators as they in their judgment and conscience, believe best qualified for the office."

XIX. 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.

XX. That not less than a majority of the Senate, with their President, (to be chosen by them, by ballot) shall constitute a House, for transacting any business, other than that of adjourning.

XXI. That the Senate shall judge of the elections and qualifications of Senators.

XXII. 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.

XXIII. That the General Assembly meet, annually, on the first Monday of November, and, if necessary, oftener.

XXIV. That each House shall appoint its own officers, and settle its own rules of proceeding.

XXV. 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

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 favor, 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; and if the person chosen Governor shall die, resign, remove out of the State, or refuse to act (the General Assembly sitting), the Senate and House of Delegates shall, immediately there upon, proceed to a new choice, in manner aforesaid.

XXVI. 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 twenty-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 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 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.

XXVII. That the Delegates to Congress, from this State, shall be chosen annually, or superseded in the

mean

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-one years of age, and a resident in the 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.

XXVIII. 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 of a 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."

XXIX. That the Senate and Delegates may adjourn themselves respectively; but if the two Houses shall 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 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 Governor shall not adjourn the Assembly, otherwise than as aforesaid, nor prorogue or dissolve it at any time.

XXX. 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

pounds current money (one thousand pounds whereof, at least, to be freehold estate) shall be eligible as Go

vernor.

XXXI. That the Governor shall not continue in that office longer than three years successively, nor be eligible as Governor, until the expiration of four years, after he shall have been out of that office.

XXXII. That upon the death, resignation, or removal out of this State, of the Governor, the first named of the Council, for the time being, shall act as Governor, 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 Governor shall be appointed, in manner aforesaid, for the residue of the year.

XXXIII. That the Governor, by and with the advice and consent of the Council, may embody the militia; and, when embodied, 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 may have come, shall, on strong grounds, be suspected to be infected with the plague; but the Governor shall not under any pretence, exercise any power or prerogative, by virtue of any law, statute, or custom of England or Great Britian,

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