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A history of Maryland : upon the basis of M'Sherry, from its settlement to 1867, with illustrations and an appendix containing the constitution of the state for the use of schools online

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fused to accept the said office ; and a new election, or ap-
pointment, shall be made, as in case of refusal to accept,
or resignation of an office ; and any person violating said
oath, shall, on conviction thereof, in a Court of Law, in
addition to the penalties now, or hereafter, to be imposed
by Law, be thereafter incapable of holding any office of
profit or trust in this State.



AETICLE II.

Executive Department.

Section 1. The Executive Power of the State shall be
vested in a Governor, whose term of office shall commence
on the second Wednesday of January next ensuing his
election, and continue for four years, and until his succes-



300 Appendix.

sor shall have qualified ; but the Governor chosen [d] at
the first election under this Constitution, shall not enter
upon the discharge of the duties of the office until the ex-
piration of the term for which the present incumbent was
elected ; unless the said office shall become vacant by
death, resignation, removal from the State, or other dis-
qualification of the said incumbent.

Sec. 2. An election for Governor, under this Constitu-
tion, shall be held on the Tuesday next after the first
Monday of November, in the year eighteen hundred and
sixty-seven, and on the same day and month in every
fourth year thereafter, at the places of Voting for Dele-
gates to the General Assembly ; and every person quali-
fied to vote for Delegates, shall be qualified and entitled
to vote for Governor ; the election to be held in the same
manner as the election of Delegates, and the returns there-
of, under seal, to be addressed to the Speaker of the House
of Delegates, and enclosed and transmitted to the Secre-
tary of State, and delivered to said Speaker at the com-
mencement of the session of the General Assembly, next
ensuing said election.

Sec. 3. The Speaker of the House of Delegates shall
then open the said Returns, in the presence of both Houses ;
and the person having the highest number of votes, and
being constitutionally eligible, shall be the Governor, and
shall qualify, in the manner herein prescribed, on the
second Wednesday of January next ensuing his election,
or as soon thereafter as may be practicable.

Sec. 4. If two or more persons shall have the highest
and an equal number of votes for Governor, one of them
shall be chosen Governor by the Senate and House of
Delegates; and all questions in relation to the eligibility
of Governor, and to the returns of said election, and to
the number and legality of votes therein given, shall be
determined by the House of Delegates; and if the person,
or persons, having the highest number of votes, be ineli-



Constitution of Maryland. 301

gible, the Governor shall be chosen by the Senate and
House of Delegates. Every election of Governor by the
General Assembly shall be determined by a joint majority
of the Senate and House of Delegates; and the vote shall
be taken vim voce. But if two or more persons shall have
the highest and an equal number of votes, then a second
vote shall be taken, which shall be confined to the persons
having an equal number ; and if the vote should again be
equal, then the election of Governor shall be determined
by lot between those, who shall have the highest and an
equal number on the first vote.

Sec. 5. A person to be eligible io the office of Governor,
must have attained the age of thirty years, and must have
been for ten years a citizen of the State of Maryland, and
for five years next preceding his election, a resident of the
State, and, at the time of his election, a qualified voter
therein.

Sec. 6. In case of the death or resignation of the Gov-
ernor, or of his removal from the State, or other disquali-
fication, the General Assembly, if in session, or if not, at
their next session, shall elect some other qualified person
to be Governor for the residue of the term for which the
said Governor had been elected.

Sec. 7. In case of any vacancy in the office of Governor,
during the recess of the Legislature, the President of the
Senate shall discharge the duties of said office, until a
Governor is elected, as herein provided for ; and in case
of the death or resignation of the said President, or of his
removal from the State, or of his refusal to serve, then the
duties of said office shall, in like manner, and for the
same interval, devolve upon the Speaker of the House of
Delegates. And the Legislature may provide by Law, for
the impeachment of the Governor ; and in case of his
conviction, or his inability, may declare what person shall
perform the Executive duties ; and for any vacancy in
said office not herein provided for, provision may be made
26



302 Appendix.

by Law ; and if such vacancy should occur without such
[ provision being made, the Legislature shall be convened
by the Secretary of State for the purpose of filling said
vacancy.

Sec. 8. The Governor shall be the Commander-in-Chief
of the land and naval forces of the State ; and may call
out the Militia to repel invasions, suppress insurrections,
and enforce the execution of the Laws ; but shall not take
the command in person, without the consent of the Legis-
lature.

Sec. 9. He shall take care that the Laws are faithfully
executed.

Sec. 10. He shall nominate, and, by and with the ad-
vice and consent of the Senate, appoint all civil and mili-
tary officers of the State, whose appointment, or election,
is not otherwise herein provided for ; unless a different
mode of appointment be prescribed by the Law creating
the office.

Sec. 11. In case of any vacancy, during the recess of
the Senate, in any office which the Governor has power
to fill, he shall appoint some suitable person to said office,
whose commission shall continue in force until the end of
the next session of the Legislature, or until some other
person is appointed to the same office, whichever shall
first occur ; and the nomination of the person thus ap-
pointed, during the recess, or, of some other person in his
place, shall be made to the Senate within thirty days after
the next meeting of the Legislature.

Sec. 12. No person, after being rejected by the Senate,
shall be again nominated for the same office at the same
session, unless at the request of the Senate ; or, be ap-
pointed to the same office during the recess of the Legis-
lature.

Sec. 13. All civil officers appointed by the Governor
and Senate, shall be nominated to the Senate within fifty
days from the commencement of each regular session of



Constitution of Maryland. 303

the Legislature ; and their term of office, except in cases
otherwise provided for in this Constitution, shall com-
mence on the first Monday of May next ensuing their ap-
pointment, and continue for two years (unless removed
from office) and until their successors, respectively, qualify
according to Law ; but the term of office of the Inspectors
of Tobacco shall commence on the first Monday of March
next ensuing their appointment.

Sec. 14. If a vacancy shall occur, during the session
of the Senate, in any office which the Governor and
Senate have the power to fill, the Governor shall nomi-
nate to the Senate before its final adjournment, a proper
person to fill said vacancy, unless such vacancy occurs
within ten days before said final adjournment.

Sec. 15. The Governor may suspend, or arrest any
military officer of the State for disobedience of orders, or
other military offence ; and may remove him in pursuance
of the sentence of a Court Martial; and may remove for
incompetency, or misconduct, all civil officers who received
appointment from the Executive for a term of years.

Sec. 1G. The Governor shall convene the Legislature,
or the Senate alone, on extraordinary occasions; and
whenever from the presence of an enemy, or from any
other cause, the Seat of Government shall become an un-
safe place for the meeting of the Legislature, he may direct
their sessions to be held at some other convenient place.

Sec. 17. To guard against hasty or partial legislation,
and encroachments of the Legislative Department upon
the co-ordinate Executive and Judicial Departments,
every Bill which shall have passed the House of Delegates
and the Senate, shall, before it becomes a Law, be pre-
sented to the Governor of the State ; if he approve, he
shall sign it ; but if not, he shall return it, with his ob-
jections, to the House in which it originated, which
House shall enter the objections at large on its Journal,
and proceed to reconsider the Bill ; if, after such recon-



304 Appendix.

sideration, three-fifths of the members elected to that
House shall pass the Bill, it shall be sent, with the objec-
tions, to the other House, by which it shall likewise be
reconsidered, and if passed by three-fifths of the mem-
bers elected to that House, it shall become a Law. But,
in all such cases, the votes of both Houses shall be deter-
mined by yeas and nays ; and the names of the persons
voting for and against the Bill, shall be entered on the
Journal of each House, respectively. If any Bill shall
not be returned by the Governor within six days, (Sun-
days excepted) after it shall have been presented to him,
the same shall be a Law in like manner as if he signed it ;
unless the General Assembly shall, by adjournment, pre-
vent its return, in which case it shall not be a Law.

Sec. 18. It shall be the duty of the Governor, semi-an-
nually (and oftener, if he deem it expedient) to examine
under oath the Treasurer and Comptroller of the State on
all matters pertaining to their respective offices ; and in-
spect their Bank and other Account Books.

Sec. 19. He shall, from time to time, inform the Legis-
lature of the condition of the State and recommend to
their consideration such measures as he may judge neces-
sary and expedient.

Sec. 20. He shall have power to grant reprieves and
pardons, except in cases of impeachment, and in cases, in
which he is prohibited by other Articles of this Constitu-
tion ; and to remit fines and forfeitures for offences against
the State ; but shall not remit the principal, or interest of
any debt due the State, except, in cases of fines and for-
feitures ; and before granting a nolle prosequi, or pardon,
he shall give notice, in one or more newspapers, of the
application made for it, and of the day on, or after which,
his decision will be given ; and in every case, in which he
exercises this power, he shall report to either Branch of
the Legislature, whenever required, the petitions, recom-
mendations, and reasons, which influenced his decision.



Constitution of Maryland. 305

Sec. 21. The Governor shall reside at the Seat of Gov-
ernment, and receive for his services an annual salary of
Four Thousand Five Hundred dollars.

Sec. 22. A Secretary of State shall be appointed by
the Governor, by and with the advice and consent of the
Senate, who shall continue in office, unless sooner removed
by the Governor, till the end of the official term of the
Governor from whom he received his appointment, and
receive an annual salary of Two Thousand dollars, and
shall reside at the Seat of Government ; and the office of
Private Secretary shall thenceforth cease.

Sec. 23. The Secretary of State shall carefully keep
and preserve a Record of all official acts and proceedings,
which may at all times be inspected by a committee of
either Branch of the Legislature ; and he shall perform
such other duties as may be prescribed by Law, or as may
properly belong to his office, together with all clerical
duty belonging to the Executive Department.



ARTICLE III.
Legislative Department.

Section 1. The Legislature shall consist of two dis-
tinct Branches; a Senate, and a House of Delegates, and
shall be styled the General Assembly of Maryland.

Sec. 2. Each County in the State, and each of the three
Legislative Districts of Baltimore City, as they are now,
or may hereafter be defined, shall be entitled to one Sen-
ator, who shall be elected by the qualified voters of the
Counties, and of the Legislative Districts of Baltimore
City, respectively, and shall serve for four years from the
date of his election, subject to the classification of Senators,
hereafter provided for.

Sec. 3. Until the taking and publishing of the next
26*



306 Appendix.

National Census, or until the enumeration of the popula-
tion of this State, under the Authority thereof, the several
Counties, and the City of Baltimore, shall have represen-
tation in the House of Delegates, as follows : Alleghany
County, five Delegates ; Anne Arundel County, three Dele-
gates ; Baltimore County, six Delegates ; each of the three
Legislative Districts of the City of Baltimore, six Dele-
gates ; Calvert County, two Delegates ; Caroline County,
two Delegates ; Carroll County, four Delegates ; Cecil
County, four Delegates ; Charles County, two Delegates ;
Dorchester County, three Delegates; Frederick County,
six Delegates ; Harford County, four Delegates ; Howard
County, two Delegates ; Kent County, two Delegates ;
Montgomery County, three Delegates; Prince George's
County, three Delegates; Queen Anne's County, two Dele-
gates ; Saint Mary's County, two Delegates ; Somerset
County, three Delegates ; Talbot County, two Delegates ;
Washington County, five Delegates; and Worcester
County, three Delegates.

Sec. 4. As soon as may he after the taking and publish-
ing of the next National Census, or after the enumeration
of the population of this State, under the Authority
thereof, there shall be an apportionment of representation
in the House of Delegates, to be made on the following
basis, to wit : Each of the several Counties of the State,
having a population of eighteen thousand souls, or less,
shall be entitled to two Delegates; and every County,
having a population of over eighteen thousand, and less
than twenty-eight thousand souls, shall be entitled to
three Delegates ; and every County, having a population
of twenty-eight thousand, and less than forty thousand
souls, shall be entitled to four Delegates; and every
County, having a population of forty thousand, and less
than fifty-five thousand souls, shall be entitled to five
Delegates ; and every County, having a population of
fifty-five thousand souls, and upwards, shall be entitled to



Constitution of Maryland. 307

six Delegates, and no more ; and each of the three Legis-
lative Districts of the City of Baltimore shall be entitled
to the number of Delegates to which the largest County
shall, or may be entitled, under the aforegoing apportion-
ment. And the General Assembly shall have power to
provide by Law, from time to time, for altering and chang-
ing the boundaries of the three existing Legislative Dis-
tricts of the City of Baltimore, so as to make them, as
near as may be, of equal population ; but said Districts
shall always consist of contiguous territory.

Sec. 5. Immediately after the taking and publishing
of the next National Census, or after any State enumera-
tion of population, as aforesaid, it shall be the duty of the
Governor, then being, to arrange the Eepresentation in
said House of Delegates, in accordance with the appor-
tionment herein provided for ; and to declare, by Procla-
mation, the number of Delegates, to which each County,
and the City of Baltimore may be entitled, under such
apportionment; and after every National Census taken
thereafter, or after any State enumeration of population,
thereafter made, it shall be the duty of the Governor, for
the time being, to make similar adjustment of Represen-
tation, and to declare the same by Proclamation, as afore-
said.

Sec. 6. The members of the House of Delegates 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. 7. The first election for Senators and Delegates
shall take place on the Tuesday next, after the first Mon-
day in the month of November, eighteen hundred and
sixty-seven ; and the election for Delegates, and as nearly
as practicable, for one-half of the Senators, shall be held
on the same day, in every second year thereafter.

Sec. 8. Immediately after the Senate shall have con-
vened, after the first election, under this Constitution, the



308 Appendix.

Senators shall be divided by lot, into two classes, as nearly
equal in number as may be вАФ 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 hun-
dred and sixty-nine, 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 hereafter increased, such clas-
sification of the additional Senators shall be made as to
preserve, as nearly as may be, an equal number in each
class.

Sec. 9. No person shall [be] eligible as a Senator or
Delegate, who at the time of his election, is not a citizen
of the State of Maryland, and who has not resided therein,
for at least three years, next preceding the day of his elec-
tion, 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 Dis-
trict 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, unless he shall have at-
tained the age of twenty-five years, nor as a Delegate, un-
less he shall have attained the age of twenty-one years, at
the time of his election.

Sec. 10. 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 election as Senator or Delegate, be elected
to Congress, or be appointed to any office, civil or mili-
tary, under the Government of the United States, his ac-
ceptance thereof, shall vacate his seat.

Sec. 11. No Minister or Preacher of the Gospel, or of
any religious creed, or denomination, and no person hold-
ing any civil office of profit, or trust, under this State, ex-



Constitution of Maryland. 309

cept Justices of the Peace shall be eligible as Senator, or
Delegate.

Sec. 12. No Collector, Receiver, or Holder of public
money shall be eligible as Senator or Delegate, or to any
office of profit, or trust, under this State, until he shall
have accounted for, and paid into the Treasury all sums
on the Books thereof charged to, -and due by him.

Sec. 13. In case of death, disqualification, resignation,
refusal to act, expulsion, or removal from the county, or
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 President of the Senate, as
the case may be, for the election of another person in his
place, of which election, not less than ten days' notice
shall be given, exclusive of the day of the publication of
the notice, and of the day of election ; and, if during the
recess of the Legislature, and more than ten days before
its termination, such death shall occur, or such resignation,
refusal to act, or disqualification be communicated, in
writing to the Governor by the person, so resigning, refus-
ing, or disqualified, 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 Presi-
dent, might have done, during the session of the General
Assembly ; provided, however, that unless a meeting of
the General Assembly may intervene, the election, thus
ordered to fill such vacancy, shall be held on the day of
the ensuing election for Delegates and Senators.

Sec. 14. The General Assembly shall meet on the first
Wednesday of January, eighteen hundred and sixty-
eight, and on the same day in every second year thereafter,
and at no other time, unless convened by Proclamation
of the Governor.

Sec. 15. The General Assembly may continue its Ses-



310 s Appendix.

sion so long as, in its judgment, the public interest may
require, for a period not longer than ninety days ; and
each member thereof, shall receive a compensation of five
dollars per diem for every day he shall attend the session ;
but not for such days as he may be absent, unless absent
on account of sickness, or by leave of the House of which
he is a member; and he- shall also receive such mileage
as may be allowed by Law, not exceeding twenty cents
per mile ; and the Presiding officer of each House shall
receive an additional compensation of three dollars per
day. When the General Assembly shall be convened by
Proclamation of the Governor, the session shall not con-
tinue longer than thirty days ; and in such case, the com-
pensation shall be the same as herein prescribed.

Sec. 16. No book, or other printed matter, not apper-
taining to the business of the session, shall be purchased,
or subscribed for, for the use of the members of the General
Assembly, or be distributed among them, at the public
expense.

Sec. 17. No Senator or Delegate, after qualifying as
such, notwithstanding he may thereafter resign, shall dur-
ing the whole period of time, for which he was elected,
be eligible to any office, which shall have been created, or
the salary, or profits of which shall have been increased,
during such term.

Sec. IS. No Senator or Delegate shall be liable in any
civil action, or criminal prosecution, whatever, for words
spoken in debate.

Sec. 19. Each House shall be judge of the qualifications
and elections of its members, as prescribed by the Consti-
tution and Laws of the State; shall appoint its own
officers, determine the rules of its own proceedings, pun-
ish a member for disorderly or disrespectful behaviour,
and with the consent of two-thirds of its whole number
of members elected, expel a member; but no member
shall be expelled a second time for the same offence.



Constitution of Maryland. 311

Sec. 20. A majority of the whole number of members
elected to each House shall constitute a quorum for the
transaction of business ; but a smaller number may ad-
journ from day to day, and compel the attendance of ab-
sent members, in such manner, and under such penalties,
as each House may prescribe.

Sec. 21. The doors of each House, and of the Commit-
tee of the Whole, shall be open, except when the business
is such as ought to be kept secret.

Sec. 22. Each House shall keep a Journal of its pro-
ceedings, and cause the same to be published. The yeas
and nays of members on any question, shall at the call of
any five of them in the House of Delegates, or one in the
Senate, be entered on the Journal.

Sec. 23. Each House may punish by imprisonment,
during the session of the General Assembly, any person,
not a member, for disrespectful, or disorderly behaviour
in its presence, or for obstructing any of its proceedings,
or any of its officers in the execution of their duties ; pro-
vided, such imprisonment shall not, at any one time, ex-
ceed ten days.

Sec. 24. The House of Delegates may inquire, on the
oath of witnesses, into all complaints, grievances and
offences, as the Grand Inquest of the State, and may com-
mit any person, for any crime, to the public jail, there to
remain, until discharged by due course of Law. They
may examine and pass all accounts of the State, relating
either to the collection or expenditure of the revenue, and
appoint Auditors to state and adjust the same. They
may call for all public, 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
public interest, and may direct all office bonds which shall
be made payable to the State, to be sued for any breach
thereof; and with the view to the more certain preven-
tion, or correction of the abuses in the expenditures of



312 Appendix.

the money of the State, the General Assembly shall create,
at every session thereof, a joint Standing Committee of
the Senate and House of Delegates, who shall have power
to send for persons, and examine them on oath, and call
for Public, or Official Papers and Kecords, and whose
duty it shall be to examine and report upon all contracts
made for printing stationery, and purchases for the Public


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Online LibraryHenry OnderdonkA history of Maryland : upon the basis of M'Sherry, from its settlement to 1867, with illustrations and an appendix containing the constitution of the state for the use of schools → online text (page 18 of 22)