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to enforce the execution of the laws, by which an incidental revenue may arife, fhall be accounted a money bill; but every bill affeffing, levying or applying taxes or fupplies for the fupport of government, or the current expenfes of the State, or appropriating money in the treasury, fhall be deemed a money bill.

XII. That the Houfe of Delegates may punish, by imprisonment, any person who fhall 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 alfo punish, by imprisonment, any person who fhall be guilty of a breach of privilege, by arresting on civil procefs, or by affaulting any of their members during their fitting, or on their way to, or return from the House of Delegates; or by any affault of, or obftruction to their officers, in the execution of any order or process; or by affaulting or obstructing any witnefs, or any other perfon, attending on, or on their way to, or from the Houfe; or by rescuing any perfon committed by the Houfe; and the fenate may exercise the fame power in fimilar cafes.

XIII. That the treasurers (one for the western and another for the eastern fhore) and the commiffioners of the Loan Office, may be appointed by the Houfe of Delegates during their pleafure; and in case of refusal, death, refiguation, difqualification, or removal out of the State, of any of the faid commiffioners or treasurers, in the recefs of the General Affembly, the governor, with the advice of the council, may appoint and commiffion a fit and proper perfon to fuch vacant office, and to hold the fame until the meeting of the next General Affembly.

XIV. That the fenate be chofen in the following manner :- -AIL perfons, qualified as aforefaid to vote for county delegates, fhall, on the first day of September, 1781, and on the fame day in every fifth year for ever thereafter, elect vivá voce, by a majority of votes, two perfons for their respective counties, qualified as aforesaid to be elected county delegates, to be electors of the fenate; and the fheriff of each county, or, in cafe of ficknefs, his deputy, (fummoning two juftices of the county, who are required to attend for the prefervation of the peace) fhall hold and be judge of the faid election, and make return thereof as aforefaid. And all perfons qualified as aforefaid to vote for delegates for the city of Annapolis and Baltimore town, fhall, on the fame first Monday of September, 1781, and on the fame day in every fifth year for ever thereafter, elect,

viva voce, by a majority of votes, one person for the faid city and town refpectively; qualified as aforefaid, to be elected a delegate for the faid city and town refpectively; the faid election to be held in the fame manner as the election of delegate for the faid city and town; the right to elect the faid elector with respect to Baltimore town to continue as long as the right to elect delegates for the faid

town.

XV. That the faid electors of the senate meet at the city of Annapolis, or fuch other place as shall be appointed for convening the legiflature, on the third Monday in September, 1781, and on the same day in every fifth year for ever thereafter, and they, or any twentyfour of them fo met, fhall proceed to elect, by ballot, either out of their own body, or the people at large, fifteen senators, (nine of whom to be refidents on the western, and fix to be residents on the eastern fhore) men of the most wisdom, experience and virtue, above twenty-five years of age, refidents of the State above three whole years next preceding the election, and having real and perfonal property above the value of one thousand pounds current money.

XVI. That the fenators fhall be balloted for at one and the fame time; and out of the gentlemen refidents of the western shore who fhall be proposed as fenators, the nine who fhall, on striking the ballots, appear to have the greatest number in their favour, fhall be accordingly declared and returned duly elected; and out of the gentlemen refidents of the eastern fhore who fhall be propofed as fenators, the fix who fhall, on ftriking the ballots, appear to have the greatest number in their favour, fhall be accordingly declared and returned duly elected: and if two or more, on the fame fhore, fhall have an equal number of ballots in their favour, by which the choice fhall not be determined on the first ballot, then the electors fhall again ballot before they feparate, in which they fhall be confined to the perfons who, on the first ballot, shall have had an equal number; and they who fhall have the greatest number in their favour on the fecond ballot, fhall be accordingly declared and returned duly elected; and if the whole number should not thus be made up, becaufe of an equal number on the fecond ballot still being in favour of two or more perfons, then the election fhall be determined by lot between thofe who have equal numbers; which proceedings of the electors fhall be certified under their hands, and returned to the chancellor for the time being.

XVII. That

XVII. That the electors of fenators fhall judge of the qualifications and elections of members of their body, and on a contested election fhall admit to a feat, as an elector, fuch qualified perfon as hall 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 fenators, take fuch oath of fupport and fidelity to this State, as this Convention or the legislature fhall direct; and alfo an oath, "to elect, without favour; affection, partiality or prejudice, fuch perfons for fenators as they, in their judgment and confcience, believe beft qualified for the office."

XIX. That in cafe of refufal, death, refignation, difqualification, or removal out of this State, of any fenator, or on his becoming governor, or a member of the council, the fenate shall immediately thereupon, or at their next meeting thereafter, elect by ballot, in the fame manner as the electors are above directed to chufe fenators, another perfon in his place for the refidue of the faid term of five years.

XX. That not lefs than a majority of the fenate, with their prefident (to be chosen by them by ballot) fhall constitute an House for the tranfacting any bufinefs, other than that of adjourning.

XXI. That the fenate fhall judge of the elections and qualifications of fenators.

XXII. That the fenate may originate any other except money bills, to which their affent or diffent only fhall be given; and may receive any other bills from the House of Delegates, and affent, diffent or propofe amendments.

XXIII. That the General Affembly meet annually, on the firstMonday of November, and if neceffary oftener.

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

· XXV. That a perfon of wisdom, experience and virtue, shall be chofen governor, on the fecond Monday of November, feventeen hundred and feventy-feven, and on the second Monday in every year for ever thereafter, by the joint ballot of both Houfes, to be taken in each House respectively, depofited in a conference-room; the boxes to be examined by a joint committee of both Houses, and the numbers feverally reported, that the appointment may be entered; which mode of taking the joint ballot of both Houses shall be adopted in all cafes. But if two or more fhall have an equal VOL. III.

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number of ballots in their favour, by which the choice shall not be determined on the first ballot, then a second ballot fhall be taken, which shall be confined to the persons who on the first ballot fhall have had an equal number; and if the ballots fhould again be equal between two or more perfons, then the election of the governor fhall be determined by lot, between those who have equal numbers; and if the perfon chofen governor shall die, refign, remove out of the State, or refuse to act (fitting the General Affembly) the Senate and House of Delegates fhall immediately thereupon proceed to a new choice in manner aforefaid.

XXVI. That the fenators and delegates, on the fecond Tuesday of November, one thoufand feven hundred and feventy-feven, and annually on the fecond Tuesday of November for ever thereafter, elect by joint ballot, in the fame manner as fenators are directed to be chofen, five of the most sensible, discreet and experienced men, above twenty-five years of age, refidents 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; whofe proceedings fhall be always entered on record, to any part whereof any member may enter his diffent; and their advice, if fo required by the governor or any member of the council, fhall be given in writing, and figned by the members giving the fame refpectively; which proceedings of the council fhall be laid before the Senate or Houfe of Delegates, when called for by them, or either of them. The council may appoint their own clerk, who shall take fuch oath of support and fidelity to this State as this Convention or the legislature shall direct, and of fecrecy, in fuch matters as he shall be directed by the Board to keep fecret.

XXVII. That the delegates to Congrefs from this State fhall be chofen annually, or fuperfeded in the mean time by the joint ballot of both Houfes of Affembly, 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 fix years; and no person who holds any office of profit in the gift of Congrefs fhall be eligible to fit in Congrets, but if appointed to any fuch office his feat fhall be thereby vacated. That no perfon, unless above twenty-one years of age, and a refident in the State more than five years next preceding the election, and having real and perfonal estate in this State above the

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value of one thousand pounds current money, fhall be eligible to fit in Congrefs.

XXVIII. That the fenators and delegates, immediately on their annual meeting, and before they proceed to any bufinefs, and every perfon hereafter elected a fenator or delegate, before he acts as fuch, shall take an oath of support and fidelity to this state as aforefaid; and before the election of a governor, or member of the council, fhall take an oath, "to elect without favour, affection, partiality or prejudice, fuch perton as governor, or member of the council, as they in their judgment and conscience believe beft qualified for the office."

XXIX. That the fenate and delegates may adjourn themselves respectively but if the two Houfes fhould not agree on the fame time, but adjourn to different days, then fhall the governor appoint and notify one of those days, or fome day between, and the Affembly fhall then meet and be held accordingly; and he fhall, if neceflary, 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 fhall not adjourn the Affembly otherwise than as aforefaid, nor prorogue or diffolve it at any time.

XXX. That no perfon, unless above twenty-five years of age, a refident in this State above five years next preceding the election, and having in the State real and perfonal property above the value of five thousand pounds current money, one thousand pounds whereof at least to be freehold eftate, shall be eligible as governor.

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

XXXII. That upon the death, refignation, 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 fame manner; and shall immediately call a meeting of the General Affembly, giving not less than fourteen days notice of the meeting, at which meeting a governor fhall be appointed, in manner aforefaid, for the refidue of the year,

XXXIII. That the governor, by and with the advice and confent 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 fea forces under the laws of this State; but he fhall not command in perfon, unless advised thereto by the council

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