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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.



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 successor shall have qualified; but the Governor chosen at the first
election under this Constitution shall not enter upon the discharge of the
duties of the office until the expiration 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 disqualification of the said

SEC. 2. An election for Governor, under this Constitution, shall be held
on the Tuesday next after the first Monday of November, in the year 1867,
and on the same day and month in every fourth year thereafter, at the
places of voting for Delegates to the General Assembly; and every person
qualified 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 thereof, imder seal, to be addressed to the Speaker
of the House of Delegates, and enclosed and transmitted to the Secretary of
State, and delivered to said Speaker at the commencement 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 Wednes-
day of January next ensuing his election, or as soon thereafter as may be

SEC. 4. If two or more persons shall have the highest and an equal num-
ber 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 eligi-
bility 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 ineligible, 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 vifa voce. But if two or more persons shall have
Uic 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
it 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 to 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 elec-
tion, 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 Governor, or of his
removal from the State, or other disqualification, the General Assembly, if in
session, or if not. at their next session, shall elect some other qualified per-
son 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 im-
peachment 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 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 pur-
pose 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 Legislature.

SEC. 9. lie shall take care that the laws are faithfully executed.

SEC. 10. He shall nominate, and, by and with the advice and consent of
the Senate, appoint all civil and military officers of the State, whose appoint-
ment, or election, is not otherwise herein provided for; unless a difTcrent
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 nomina-
tion of the person thus appointed, during the recess, or, of some other per-
son 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 of&ce at the same session, unless at the request o'.


the Senate; or, be appointed to the same office during the recess of the

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 the Legislature; and their term of office, except in
cases otherwise provided for in this Constitution, shall commence on the
first Monday of May next ensuing their appointment, 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 appoint-

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 Gov-
ernor shall nominate 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. 16. 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
unsafe 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 presented to the Gov-
ernor of the State; if he approve, he shall sign it; but if not, he shall return
it, with his objections, 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 re-consideration, three-fifths of the members elected
to that House shall pass the bill, it shall be sent, with the objections, to the
other House, by which it shall likewise be re-considered, and if passed by
three-fifths of the members elected to that House, it shall become a law.
But, in all such cases, the votes of both houses shall be determined 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 (Sundays ex-
cepted) 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 ad-
journment, prevent its return, in which case it shall not be a law.

SEC. 18. It shall be the duty of the Governor, semi-annually (and oftener,
if he deem it expedient) to examine under oath the Treasurer and Comp-


troller of the State on all matters pertaining to their respective offices; and
inspect and review their bank and other account books.

SEC. 19. He shall, from time to time, inform the Legislature of the con-
dition of the State and recommend to their consideration such measures as
he may judge necessary 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 Constitution; 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 or forfeitures; and before granting a
votle 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,
recommendations, and reasons, which influenced his decision.

SEC. 21. The Governor shall reside at the seat of government, and re-
ceive for his services an annual salary of $4,500.

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 $2,000, 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 in-
spected 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 Execu-
tive Department.



SECTION 1. The Legislature shall consist of two distinct branches; a
Senate, and a House of Delegates, and shall be styled the General As-
sembly of Maryland.

SEC. 2. Each county in the State, and each of the three legislative dis-
tricts of Baltimore City, as they are now, or may hereafter be defined, shall
be entitled to one Senator, 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 national census, or
until the enumeration of the population of this State, under the authority
thereof, the several counties, and the city of Baltimore, shall have repre-


sentation in the House of Delegates as follows: Allegany County, five Dele-
gates; Anne Arundel County, three Delegates; Baltimore County, six Dele-
gates; each of the three legislative districts of the city of Baltimore, six
Delegates; 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 Delegates; Saint Mary's County, two Delegates; Somerset County, three
Delegates; Talbot County, two Delegates; Washington County, five Dele-
gates; and Worcester County, three Delegates.

SEC. 4. As soon as may be after the taking and publishing 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 represen-
tation 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 18,000
souls, or less, shall be entitled to two Delegates, and every county having
a population of over 18,000, and less than 28,000 souls, shall be entitled to
three Delegates; and every county, having a population of 28,000, and less
than 40,000 souls, shall be entitled to four Delegates; and every county, hav-
ing a population of 40,000, and less than 55,000 souls, shall be entitled to five
Delegates; and every county, having a population of 55,000 souls, and up-
wards, shall be entitled to six Delegates, and no more; and each of the three
legislative 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 apportionment. And the General Assembly shall have power to
provide by law, from time to time, for altering and changing the boundaries
of the three existing legislative districts 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 enumeration of population, as aforesaid,
it shall be the duty of the Governor, then being, to arrange the representa-
Jion in said House of Delegates, in accordance with the apportionment
herein provided for; and to declare, by proclamation, the number of Dele-
gates, 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
representation, and to declare the same by proclamation, as aforesaid.

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 Monday in the month of November, 186/;


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 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 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, 1860, 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 seconi.1
year. In case the number of Senators be hereafter increased, such classifi-
cation 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 election, and the last year thereof, in the county, or in the legislative
district of Caltimore City, which he may be chosen to represent, if such
county, or legislative district of said city, shall have been so long estab-
lished; 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 attained the age of twenty-five years, nor as a
Delegate, unless 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 mili-
tary office under the United States, shall be eligible as a Senator, or Dele-
gate; and if any person shall after his election as. Senator, or Delegate, be
elected to Congress, or be appointed to any office, civil or military, under
the Government of the United States, his acceptance thereof, shall vacate
his seat.

SEC. 11. No minister or preacher of the Gospel, or of any religious
creed, or denomination, and no person holding any civil office of profit or
trust, under this State, except 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. 1.3. 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 Sen-
ator, or in case of a tie between two or more such qualified persons, a war-
rant 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 Gov-
ernor by the person, so resigning, refusing, 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 President 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 elec-
tion for Delegates and Senators.

SEC. 14. The General Assembly shall meet on the first Wednesday of
January, 1868, 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 session 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 $5
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 $3 per day. When the General Assembly shall be con-
vened by proclamation of the Governor, the session shall not continue
longer than thirty days; and in such case, the compensation shall be the
same as herein prescribed.

SEC. 16. No book, or other printed matter, not appertaining to the busi-
ness 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, notwithstand-
ing he may thereafter resign, shall during the whole period of time, for
which he was elected, be eligible to any office, which shall have been cre-
ated, or the salary, or profits of which shall have been increased, during
such term.

SEC. 18. 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 Constitution and laws of the State; shall
appoint its own officers, determine the rules of its own proceedings, punish
a member for disorderly or disrespectful behavior, 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 ofTencc.

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 adjourn from day to day, and compel the attendance
of absent members, in such manner, and under such penalties, as each
House may prescribe.

SEC. 21. The doors of each House, and of the Committee 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 proceedings, 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 Jeurnal.

SEC. 23. Each House may punish by imprisonment, during the session
of the General Assembly, any person, not a member, for disrespectful, or
disorderly behavior in its presence, or for obstructing any of its proceedings,
or any of its officers in the execution of their duties; provided such impri-
sonment shall not, at any one time, exceed 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 commit 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 eitlier to the collection or expendi-
ture 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 aflfairs relating to the public interest, and may direct all office
bonds which shall be made payable to the State, to be used for any breach
thereof; and with the view to the more certain prevention or correction of
the abuses in the expenditures of the money of the State, the General As-
sembly 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 records, and whose duty it shall be to examine and report upon all con-
tracts made for printing stationery, and purchases for the public offices,
and the library, and all expenditures therein, and upon all matters of
alleged abuse in expenditures, to which their attention may be called by
resolution of either House of the General Assembly.

SEC. 25. Neither House shall, without the consent of the other, adjourn
for more than three days, at any one time, nor adjourn to any other place,
than that in which the House shall be sitting, without the concurrent vote
of two-thirds of the membprs present.

SEC. 26. The House of Delegates shall have the sole power of impeach-
ment in all cases; but a majority of all the members elected must concur in
the impeachment. All impeachments shall be tried by the Senate, and when
sitting for that purpose, the Senators shall be on oath, or affirmation, to do

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Online LibraryL[eonard] Magruder PassanoHistory of Maryland → online text (page 18 of 23)