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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1886   View pdf image (33K)
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1886
thousand persons, or a fractional portion over
one-half thereof, in each county and legisla-
tive district of the city of Baltimore; above
that number, each county and legislative dis-
trict of the said city, shall elect one delegate
for every eighty thousand persons) or frac-
tional portion thereof, above one-half. Up-
on this principle, and as soon as practicable
after each national census, or State enumera-
tion of inhabitants, the general assembly shall
apportion the members of the house of dele-
gates among the several counties, and the
several legislative districts of Baltimore city,
according to the white population of each.—
But until such apportionment is made, the
house of delegates shall consist of eighty mem-
bers, distributed as follows: Allegany, five
members; Anne Arundel, two; each of the
three legislative districts in Baltimore city,
six; Baltimore county, six; Calvert, one ;
Caroline, two; Carroll, five; Cecil, four;
Charles, one; Dorchester, two; Frederick,
six; Harford, four; Howard, two; Kent, two ;
Montgomery, two; Prince George's, two ;
Queen Anne's, two; St. Mary's, one; Som-
erset, three; Talbot, two; Washington, five;
Worcester, three.
Sec. 5. The members of the house of dele-
gates shall be elected by the qualified voters
of the counties and the legislative districts of
Baltimore city respectively, to serve for two
years from the day of their election.
Sec. 6. The first election for senators and
delegates shall take place on the Tuesday
next after the first Monday in the month of
November, eighteen hundred and sixty-four ;
and the elections for delegates, and as nearly
as practicable for one-halt' of the senators,
shall be held on the same day in every second
year thereafter.
Sec. 7. Immediately after the senate shall
have convened after the first election under
this constitution, the senators shall be divided
by lot into two classes, as nearly equal in
number as may be—senators of the first class
shall go out of office at the expiration of two
years, and senators shall be elected on the
Tuesday next after the first Monday in the
month of November, eighteen hundred and
sixty-six, for the term of four years, to supply
their places; so that after the first election,
one half of the senators may be chosen every
second year. in case the number of senators
be hereinafter increased, such classification of
the additional senators shall be made as to
preserve, as nearly as may be, anequal num-
ber in each class,
Sec. 8. No person shall be eligible as a
senator or delegate who, at the time of his
election, is not a citizen of tire United States,
and who has not resided at least three years
next preceding the day of his election in this
State, and the last year thereof in the county
or in the legislative district of Baltimore city
which he may be chosen to represent, if such
county or legislative district of said city shall
have been so long established, and if not, then
in the county or city from which, in whole or
in part, the same may have been formed; nor
shall any person be eligible as a senator un-
less he shall have attained the age of twenty-
five years, nor as delegate unless he shall have
attained the age of twenty-one years at the
time of his election,
Sec. 9. No member of congress, or person
holding any civil or military office under the
United States, shall be eligible as a senator or
delegate; and if any person shall) after his elec-
tion as a senator or delegate, be elected to con-
gress, or be appointed to any office, civil or
military, under the government of the United
States, his acceptance thereof shall vacate his
seat.
Sec. 10. No person holding any civil office
of profit or trust under this State, except jus-
tices of the peace, shall be eligible to the office
of senator or delegate.
Sec. 11. No collector, receiver or holder
of public money's, shall be eligible as senator
or delegate, or to any office of profit or trust
under this State, until he shall have account-
ed for and paid into the treasury all sums on
the books thereof charged to and due by
him,
Sec. 12. In case of death, disqualification,
resignation, refusal to act, expulsion, or removal
from the county or legislative district
of Baltimore city for which he shall have been
elected, of any person who shall have been
chosen as a delegate or senator, or in case of
a tie between two or more such qualified per-
sons, a warrant of election shall be issued by
the speaker of the house of delegates or presi-
dent of the senate, as the case may be, for the
election of another person in his plaice, of
which election not less than ten days' notice
shall begiven, exclusive of the day of the pub-
lication of the notice and of the day of elec-
tion; and in case of such resignation or re-
fusal to act, being communicated in writing
to the governor, by the person so resigning or
refusing to act, or if such death occur during
the legislative recess, and more than ten days
before its termination, it shall be the duty of
.the governor to issue a warrant of election to
supply the vacancy thus created, in the same
manner the said speaker or president might
have done during the session of the general
assembly; provided, however, that unless a
meeting of the general assembly may inter-
vene, the election thus ordered to fill such vacancy
shall be held on the day of the ensuing
election for delegates and senators.
See. 13. The general assembly shall meet
on the first Wednesday of January, eighteen
hundred and sixty-five, and on the same day
in every second year thereafter, and at no
other time, unless convened by the proclama-
tion of the governor.
Sec. 14. The general assembly shall con-
tinue its session so long as in its judgment the
public interest may require, and each member


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1886   View pdf image (33K)
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