T H E CONSTITUTION OF THE REPORTED AND ADOPTED BY THE CONVENTION OF DELEGATES ASSEMBLED AT THE CITY OF ANNAPOLIS, NOVEMBER 4th, 1850, AND SUBMITTED TO AND RATIFIED BY THE PEOPLE ON THE FIRST WEDNESDAY OF JUNE, 1851, W I T H MARGINAL NOTES AND REFERENCES Ba Itds of fie 6eneral'sscmb sI anb a1~I It1t S of fIe fourf of ppIatzs, AND AN APPENDIX AND INDEX, BY EDWARD OTIS HINKLEY, Esq., of the Baltimore Bar. \s BALTIMORE: PRINTED AND PUBLISHED BY JOHN MURPHY & CO. JVo. 178 Jlarkeet Street. 1855. ENTERED, according to the Act of Congress, in the year 1855, By JOHN MURPHY & CO. in the Clerk's Office of the District Court of Maryland. ADVERT I S E MEN T. THE publishers, in issuing this edition of the new Constitution, being desirous of making it as useful and acceptable to the public as possible, have procured the services of a gentleman of the Baltimore Bar, who has some experience in work of this kind, to make marginal notes, with references to the Acts of Assembly and Decisions of the Court of Appeals relating to it, and an Appendix containing some notes of the principal changes made in the old Constitution by this new one, with remarks upon their supposed causes, and references to the different articles, sections and clauses of the instrument which impose special duties upon the Legislature and upon officers of other departments; to which is added a very full Index. It is believed that these additions will render this edition as complete as possible. JVNovember, 1855. CHAMBER OF HOUSE OF DELEGATES, November 5th, 1850. AT the hour of 12~, on motion of Ex-Gov. SPRIGG, of Prince George's, the Convention was called to order, by inviting the Hon. BENJAMIN C. HOWARD, of Baltimore county, to the Chair. On motion of Hon. ELIAS BROWN, of Carroll, JAMES L. RIDGELY, Esq., of Baltimore county, was appointed Secretary pro tem. On motion of the Hon. WM. H. TUCK, of Prince George's, the Chair was authorized to appoint a committee of three, to wait on the Executive and obtain a list of the Delegates chosen to this Convention. The Chair named Messrs. TUCK, of Prince George's, GWINN, of Baltimore city, and RICAUD, of Kent, as the committee. Mr. TUCK, from the committee, appointed to wait on the Governor, to obtain a list of the Delegates elect to the Convention, reported that the committee had performed that duty, and that the Secretary of State was now in attendance with a communication from the Governor, touching that subject. Whereupon, JOHN NICK WATKINS, Esq., Secretary of State, presented the following communication fiom the Governor to the Convention, together with the official returns of the election: STATE DEPARTMENT, ANNAPOLIS, MD. NAovember 5th, 1850. Gentlemen of the Convention: I have the honor, in compliance with your request, to transmit herewith the returns of the election held on the first Wednesday of September last, under the Act of December Session, eighteen hundred and forty-nine, chapter three hundred and forty-six, entitled " an Act to provide for the taking of the sense of the people upon the expediency of calling a Convention to frame a new Constitution and form of Government for the State, and to provide for the election of Delegates to such Convention," and a list of the Delegates to the Convention. PHILIP F. THOMAS. A.' I S T S O. Y l, bers nof t Aft Marital 6te 01n1bklttioll Elected inuder the provisions of the Act of the General Assembly of December Session 1849, ch. 316. St. lMary's County. Charles County. GEORGE C. MORGAN, GEORGE BRENT, WILLIAM J. BLACKISTONE, JOHN G. CHAPMAN, JOHN P. DENT, WILLIAM D. MERRICK, J. R. HOPEWELL. DANIEL JENIFER. Kent County. Talbot County. JAMES B. RICAUD, EDWARD LLOYD, JOHN LEE, S. P. DICKINSON, EZEKIEL F. CHAMBERS, C. SHERWOOD, JOSEPH T. MITCHELL. M. O. COLSTON..nne qzArundcl County. Somerset County. THOMAS DONALDSON, JOHN DENNIS, THOMAS B. DORSEY, JAMES U. DENNIS, GEORGE WELLS, J. W. CRISFIELD, ALEXANDER RANDALL, J. J. DASHIELL, JAMES KENT, WILLIAM WILLIAMS. JOHN S. SELLMAN. Dorchester County. Calvert County. THOMAS H. HICKS, GEORGE W. WEEMS, JOHN H. HODSON, J. J. DALRYMPLE, WM. T. GOLDSBOROUGH, JOHN BOND, J. R. ECCLESTON, A. R. SOLLERS. FRANCIS P. PHELPS. Baltimore County. Cecil County. BENJAMIN C. HOWARD, ALBERT CONSTABLE, JAMES M. BUCHANAN, B. B. CHAMBERS, EPHRAIM BELL, WILLIAM McCULLOUGH, THOMAS J. WELSH, JOHN M. MILLER, H. J. CHANDLER, LOUIS McLANE. JAMES L. RIDGELY. 6 MEMBERS OF TIlE CONVENTION. Prince George's County. WMorcester County. THOMAS F. BOWIE, L. L. DIRICKSON, WILLIAM HI. TUCK, S. S. McMASTER, SAMUEL SPRIGG, E. HEARN, JOHN M. S. McCUBBIN, JAMES M. FOOKS, J. D. BOWLiNG. CURTIS W. JACOBS. Frederick County. Hmford County. FRANCIS THOMAS, JOHN SAPPINGTON, EDWARD SHRIVER, W. B. STEPHENSON, WILLIAM COST JOHNSON, R. McHENRY, JOHN D. GAITHER, SAMUEL M. MAGRAW, DANIEL S. BISER, JAMES NELSON. ROBERT ANNAN. Jlleghany County. Washington County. WILLIAM WEBER, GEORGE SCHLEY, WILLIAM M. HOLLIDAY, LEWIS P. FIERY, JOHN SLICER, ALEXANDER NEILL, JR., JAMES FITZPATRICK, JOHN NEWCOMER, SAMUEL P. SMITH. THOMAS HARBINE, MICHAEL NEWCOMER. Queen'nne's County. WILLIAM A. SPENCER, JMontgomery County. WILLIAM GRASON, J. M. KILGOUR, ENOCH GEORGE, ALLEN BOWIE DAVIS, HENRY E. WRIGHT. WASHINGTON WATERS, JOHN BREWER, Carroll County. JAMES W. ANDERSON. ANDREW G. EGE, M. G. COCKEY, Baltimore City. JOSEPH M. PARKE, CHARLES J. M. GWINN, JACOB SHOWER, DAVID STEWART, ELIAS BROWN. ROBERT J. BRENT, GEORGE W. SHERWOOD, Caroline County. BENJAMIN C. PRESSTMAN, R. C. CARTER, ELIAS WARE, JR. JOHN THAWLEY, THOMAS R. STEWART, EDWARD HARDCASTLE. @ficcr5 nt tjf f0hrintin. Presidelnt........HoN. JOHN G. CHAPMAN, of Charles Co. Secretary.........GEORGE G. BREWER, of Annapolis../ssistant Secretary..WASHINGTON B. CHICHESTER, of Montgomery Co. Sergeant-at-Qnrms... RICHARD BOOTH, Of Carroll Co. Door-Keepers.......SAMUEL J. LAMBDIN and S. C. HERBERT. Committee Clerks...J. W. RIDER, GEO. S. KING, J. MORRITZ, S. PEACOCK, WILLIAM HALL. ~i tanabxg o[mmittes. Committee to consider and report a Declaration of Rights: Messrs. Dorsey, Biser, Parke, Wright. Williams, Blackistone, Hodson, Committee to consider and report respecting the Executive Department: Messrs. Grason, Jenifer, Goldsborough, Holliday. Sprigg, Bell, Hearn, Committee to consider and report respecting the.appointment, Tenure of Office, Duties and Compensation of all civil oficers not embraced in the dutties of other standing, committees: Messrs. Tuck, Dent, Jas. U. Dennis, Lee. Brent, of Balt. Weber, McHenry, Committee to consider and report respecting Treasury Department: Messrs. McLane, Nelson, Bowling, Dashiell. Donaldson, Neill, Sherwood, of Talbot, Committee to consider and report respecting the Elective Franchise: Messrs. Chambers, Brown, Weems; John Newcomer, of Kent, Hicks, Thawley, Slicer. Committee oln accounts: Messrs. Wells, Williams, Lloyd, Neill, Ware. Conmmittee to close the./ccounts, Sc., of the Convention after its Session: Messrs. Randall, Ware, Magraw. Committee to consider and report respecting the power of the Legislature on Corporations, JMunicipal and others, and on the power of the Legislature to create Debt: Messrs. Wells, Dirickson, Waters, Sherwood, of Balt. Ridgely, Stewart, of Caroline, Mitchell. 8 STANDING COMMITTEES. Committee to consider and report respecting the Legislative Department: Messrs. Johnson, Presstman, Kilgour, Carter. Phelps, Morgan, McCullough, Committee to consider and report respecting Judiciary Department, embracing Comsmon Law Courts, Courts of Equity, Orphans' Courts, Magistrates' Courts, and Justices of the Peace, and the mode of appointment and tenure of office: Messrs. Bowie, Randall, Constable, Schlev, 5Thomas, Stewart, Brent, Eceleston, Chrisfield, of Bait., of Charles, Anderson. Buchanan, Ricaud, Spencer, Committee to consider and report respecting the office of./ttorney-General and his Deputies: Messrs. Shriver, Brewer, Miller, Colston. Dalrymple, Fiery, Cockey, Committee to consider and report respecting future amendments and revisions of the Constitution: Messrs. Sollers, Jacobs, Gaither, Welsh. Fitzpatrick, Sappington, Hardcastle, Committee to consider and report a proper basis of Representation in the two Houses of the General.ssembiy, and a proper apportionment of srepresentation in the same: Messrs. Merrick, Chambers, of Kent, Lloyd, Harbine, Howard, Gwinn, Ege, John Dennis, Kent. Committee to consider and report respecting the Reg'ulation of Inspections: Messrs. Sellman, M. Newcomer, Ware, Chambers, Hopewell, Fooks, Annan, of Cecil. Committee to consider and report such provisions proper to be embodied in a Constitution for the State, as are not embraced in theforegoing resolutions: Messrs. Jenifer, Dorsey, Blackistone, Johnson, McLane, Brent, of Bait. Grason. Coamittee of Revision: Messrs. Tuck, Chambers, Grason, Randall, Magraw. ~:fterwards added: Messrs. Donaldson, Gwinn. Committee to consider and report respecting the MJilitia and JMIilitary./ffairs: Messrs. Howard, Shower, Dickinson, Schley. Hearn, Bond, Stephenson, Committee to consider and report respecting Education: Messrs. Smith, Magraw, Chandler, George. Davis, McCubbin, McMaster, Committee on Printing: Messrs. Stewart, Bowie, Johnson, Ricaud, of Balt. Randall, Spencer, Weber. * Mr. Thomas was excused at his own request from continuing a member of this Committee, and Mr. Morgan was appointed in his place. Onstittitn of ait Ian ADOPTED IN CONVENTION, WHICH ASSEMBLED AT THE CITY OF ANNAPOLIS, ON THE FOURTH DAY OF NOVEMBER, EIGHTEEN HUNDRED AND FIFTY, AND ADJOURNED ON THE THIRTEENTH DAY OF MAY, EIGHTEEN HUNDRED AND FIFTY-ONE. THE DECLARATION OF RIGHTS. We, the People of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State, for the sure foundation and more permanent security thereof, declare: ARTICLE 1. That all government of right OriginandFoundation of Governoriginates from the people, is founded in corm mentpact only, and instituted solely for the good of the whole; and they have at all times, according to the mode prescribed in this Constitution, the unalienable right to alter, reform, or abolish Right of Reform. their form of government, in such manner as they may deem expedient. ART. 2. That the people of this State ought State's Rights. to have the sole and exclusive right of regulating the internal government and police thereof ART. 3. That the inhabitants of M1aryland Common Law. are entitled to the common law of England, 2 Md. 429. and the trial by jury according to the course TrialbyJury. b2 10 DECLARATION OF RIGHTS. of that law, and to the benefit of such of the English Statutes. English statutes as existed on the fourth day of July, seventeen hundred and seventy-six, and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practised by the courts of law or equity, and also Acts ofAssembly of all acts of Assembly in force on the first Monday of November, eighteen hundred and fifty, except such as may have since expired, or may be altered by this Constitution, subject, nevertheless, to the revision of, and amendment or repeal by the Legislature of this State; and the inhabitants of. Maryland are also entitled to all property derived to them from or Charterof the under the charter granted by his Majesty Charles the First, to Caecilius Calvert, Baron of Baltimore. Right of Reform, ART. 4. That all persons invested with the Legislative or Executive powers of government, are the trustees of the public, and as such accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old or establish a new government. The doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind. Rightof Suffrage. ART. 5. That the right of the people to participate in the Legislature is the best security of liberty, and the foundation of all free government; for this purpose elections ought to DECLARATION OF RIGHTS. 11 be free and frequent, and every free white male citizen having the qualifications prescribed by the Constitution, ought to have the right of suff'rage. ART..6. That the legislative, executive and separationof the Departments of judicial powers of government ought to be for- Government. ever separate and distinct from each other; 2Md. 341. and no person exercising the functions of one do. 429. of said departments, shall assume or discharge the duties of any other. ART. 7. That no power of suspending laws, Suspensionrof or the execution of laws, unless by or derived firom the Legislature, ought to be exercised or allowed. ART. 8. That freedom of speech and debate Freedom of s- peech. or proceedings in the Legislature, ought not to be impeached in any court of judicature. ART. 9. That Annapolis be the place for the seatofGovernmeeting of the Legislature; and the Legislature ought not to be convened or held at any other place but from evident necessity. ART. 10. That for the redress of grievances, MeethigofLegisand for amending, strengthening and preserving the laws, the Legislature ought to be frequently convened. ART. 11. That every man hath a right to Right of Petition. petition the Legislature for the redress of' grievances in a peaceable and orderly manner. ART. 12. That no aid, charge, tax, burthen, or Levying of Taxes. fees, ought to be rated or levied, under any pretence, without the consent of the Legislature. ART. 13. That the levying of taxes by the Poll taxes opprespoll is grievous and oppressive, and ought to be abolished; that paupers ought not to be Paupersnottobe assessed for the support of Government, but 12 DECLARATION OF RIGHTS. every other person in the State, or person holding property therein, ought to contribute his proportion of public taxes, for the support Taxationaccord- of Government, according to his actual worth ing to actual woFinrth, &c in real or personal property; yet fines, duties, or taxes may properly and justly be imposed or laid, on persons or property, with a political view, for the good government and benefit of the community. Sanguinary ART. 14. That sanguinary laws ought to be Laws. avoided as far as is consistent with the safety of the State; and no law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time hereafter. Retrospective ART. 15. That retrospective laws, punishing Laws. acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto law ought to be made. Attainder. ART. 16. That no law to attaint particular persons of treason or felony, ought to be made in any case, or at any time hereafter. Right to have AR, T 17. That every free man, for any injury justice. done to him in his person or property, ought to have remedy by the course of the law of the land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the law of the land. Trialof facts ART. 18. That the trial of facts where they wherethey arise, is one of the greatest securities of the lives, liberties, and estate of the people. Criminal Prose- ART. 19. That in all criminal prosecutions, cutions. every man hath a right to be informed of the every man hath a right to be informed of the DECLARATION OF RIGHTS. 13 accusation against him; to have a copy of the indictment or charge, in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses for and against him on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty. ART. ~20. That no man ought to be com- Evidence against pelled to give evidence against himself in a court of common law, or in any other court, but in such cases as have been usually practised in this State, or may hereafter be directed by the Legislature. ART. 21. That no free man ought to be Freemen not to be imprisoned, taken or imprisoned, or disseized of his free- &c.,butbyLaw. hold, liberties or privileges, or outlawed, or 2Md. 429. exiled, or in any manner destroyed, or deprived of his life, liberty or property, but by the judgment of his peers, or by the law of the land; provided, that nothing in this article shall be so construed as to prevent the legislature from passing all such laws for the government, regulation and disposition of the free colored Colored Populapopulation of this State as they may deem necessary. ART. 22. That excessive bail ought not to Bail,Fines, &c. be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted by the courts of law. ART. 23. That all warrants, without oath, or Search Waraffirmation, to search suspected places, or to seize any person or property, are grievous and oppressive; and all general warrants to search 14 DECLARATION OF RIGHITS. suspected places, or to apprehend suspected persons, without naming or describing the place, or the person in special, are illegal, and ought not to be granted. Corruption of ART. 24. That no conviction shall work corBlood, &c. Blood, & ruption of blood, or forfeiture of estate. Militia. ART. 25. That a well regulated militia is the proper and natural defence of a free government. StandingArmies. ART. 26. That standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the Legislature. Military subject ART. 27. That in all cases and at all times to Civil Power. the military ought to be under strict subordination to, and control of, the civil power. Quartering of ART. 28. That no soldier ought to be quarSoldirs. tered in any house in time of peace without the consent of the owner, and in time of war in such manner only as the Legislature shall direct. Martial Law. ART. 29. That no person, except regular soldiers, mariners, and marines, in the service of this State, or militia when in actual service, ought in any case be subject to, or punishable by, martial law. Judges. ART. 30. That the independency and uprightness of Judges are essential to the impartial administration of justice, and a great security to the rights and liberties of the people; wherefore the Judges shall not be removed, except for misbehaviour, on conviction in a court of law, or by the Governor, upon the address of the General Assembly; provided, that two-thirds of all the members of each. House concur in such address. No Judge DECLARATION OF RIGHTS. 15 shall hold any other office, civil or military, or political trust or employment of any kind whatsoever, under the Constitution or Laws of this 1 Md. 368. State, or of the United States, or any of them, or receive fees or perquisites of any kind for the discharge of his official duties. ART. 31. That a long continuance in the RotationinOfexecutive departments of power or trust is dangerous to liberty; a rotation, therefore, in those departments is one of the best securities of permanent freedom. ART. 32. That no person ought to hold at Holding Offices. the same time more than one office of profit, created by the Constitution or Laws of this State; nor ought any person in public trust to receive any present from any Foreign Prince, Presents. or State, or from the United States, or any of them, without the approbation of this State. ART. 33. That as it is the duty of every man ReligiousLiberty to worship God in such manner as he thinks most acceptable to Him, all persons are equally entitled to protection in-their religious liberty, wherefore, no person ought, by any law, to be molested in his person or estate, on account of his religious persuasion or profession, or for his religious practice, unless under the color of religion any man shall disturb the good order, peace, or safety of the State, or shall inw fringe the laws of morality, or injure others in their natural, civil, or religious rights; nor ought any person to be compelled to frequent or maintain or contribute, unless on contract, to maintain any place of worship or any ministry; nor shall any person be deemed incompetent as a witness or juror who believes in the exist 16 DECLARATION OF RIGHTS. ence of a God, and that under his dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor, either in this world or the world to come. Oaths of Office. ART. 34. That no other test or qualification ought to be required, on admission to any office of trust or profit, than such oath of office as may be prescribed by this Constitution, or by the laws of the State, and a declaration of belief in the Christian religion; and if the party shall profess to be a Jew, the declaration shall be of his belief in a future state of rewards and punishments. Disqualification ART. 35. That every gift, sale or devise of of Ministers and from holdinbg cer land, to any minister, public teacher or preachtainproperty er of the gospel, as such, or to any religious 3Md. 119. sect, order or denomination, or to or for the support, use or benefit of, or in trust for any minister, public teacher or preacher of the gospel as such, or any religious sect, order or denomination, and every gift or sale of goods or chattels to go in succession, or to take place after the death of the seller or donor, to or for such support, use or benefit; and, also, every devise of goods or chattels, to or for the support, use or benefit of any minister, public teacher or preacher of the gospel, as such; or any religious sect, order or denomination, without the leave of the Legislature, shall be void; except always, any sale, gift, lease or devise of any quantity of land, not exceeding five acres, for a church, meeting house or other house of worship, or parsonage, or for a burying ground, which shall be improved, en DECLARATION OF RIGHTS. 17 joyed or used only for such purpose; or such sale, gift, lease or devise shall be void. ART. 36. That the manner of administering Administering of an oath or affirmation to any person, ought to be such as those of the religious persuasion, profession or denomination, of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divine Being. ART. 37. That the city of Annapolis ought Rightsof the City to have all its rights, privileges and benefits, agreeably to its charter, and the acts of Assembly confirming and regulating the same; subject to such alterations as have been or as may be made by the Legislature. ART. 38. That the liberty of the press ought Liberty of the Press. to be inviolably preserved. ART. 39. That monopolies are odious, con- Monopolies. trary to the spirit of a free government and the principles of commerce, and ought not to be suffered. AR'r. 40. That no title of nobility or heredi- TitlesofNobility, tary honors ought to be granted in this State. ART. 41. That the Legislature ought to en- Duties of the *'~~~~~~~ ~~~Legislature. courage the diffusion of knowledge and virtue, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the condition of the people. ART. 42. This enumeration of rights shall Rights of the not be construed to impair or deny others retained by the people. ART. 43. That this Constitution shall not be Alteration of the Constitution. altered, changed, or abolished, except in the manner therein prescribed and directed. 3 THE CONSTITUTION, ART I CLE I. ELE C TIVE FRANCHISE. Qualifications of SECTION 1. Every free white male person, voters. of twenty-one years of age or upwards, who' shall have been one year next preceding the election a resident of the State, and for six months a resident of the city of Baltimore, or of any county in which he may offer to vote, and being at the time of the election a citizen of the United States, shall be entitled to vote in the ward or election district in which he reVote by ballot. sides, in all elections hereafter to be held; and at all such elections the vote shall be taken by ballot. And in case any county or city shall be so divided as to form portions of different electoral districts for the election of Congressmen, Senator, delegate, or other officer or officers, then to entitle a person to vote for such officer, he must have been a resident of that Divsionof coun- part of the county or citywhich shall form a ties, &C. y w part of the electoral district in which he offers to vote, for six months next preceding the election; but a person who shall have acquired a residence in such county or city entitling him to vote at any such election, shall be entitled to vote in the election district from which he Change of Resi. removed, until he shall have acquired a residence. CONSTITUTION OF MARYLAND. 19 dence in the part of the county or city to which he has removed. SEc. 2. That if any person shall give, or Bribery. offer to give, directly or indirectly, any bribe, present or reward, or any promise, or any security for the payment or delivery of money or any other thing, to induce any voter to refrcain from casting his vote, or forcibly to prevent him in any way from voting, or to obtain or procure a vote for any candidate or person proposed or voted for, as elector of President and Vice-President of the United States, or representative in Congress, or for any office of profit or trust created by the Constitution or laws of this State, or by tile ordinances or authority of the Mayor and City Council of Baltimore, the person giving or offering to give, and t'he person receiving the same, and any person who gives or causes to be given an illegal vote, knowing it to be so, at any election to be hereafter held in this State, shall, on conviction in a court of law, in addition to the penalties now or hereafter Penalties. to be imposed by law, be forever disqualified to hold any office of profit or trust, or to vote at any election thereafter. SEC. 3. It shall be the duty of the General Lawsagainstille Assembly of Maryland to pass laws to punish gal voting. with fine and imprisonment any person who 1853,ch.133. shall remove into any election district or ward of the city of Baltimore, not for the purpose of acquiring a bona fide residence therein, but for the purpose of voting therein at an approaching election, or who shall vote in any election district or ward in which he does not 20 CONSTITUTION OF THE reside, (except in the case provided for in the first article of the Constitution,) or shall, at the same election, vote in more than one election district or ward, or shall vote or offer to vote, in any name not his own, or in place of any other person of the same name, or shall vote in any county in which he does not reside. Oath of Office. SEC. 4. Every person elected or appointed to any office of profit or trust under the Con1852, ch. 172. stitution or laws made pursuant thereto, before 1854, ch. 18. he shall enter upon the duties of such office 4Md. 189. shall take and subscribe the following oath or affirmation: J, A. B., do swear (or affirm, as the case may be,) that I will support the Constitution of the United States, and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of - - according to the Constitution and laws of this State, and that since the adoption of the present Constitution, I have not, in any manner, violated the provisions thereof in relation to bribery of voters or preventing legal or procuring illegal votes to be given; (and if a Governor, Senator, member of the House of Delegates, or Judge,) " that I will not directly or indirectly receive the profits or any part of the profits of any other office during the time of my acting as.'" And if any person elected or appointed to office as aforesaid, shall refuse or neglect to take the said oath or affirmation, he shall be considered as having refused to accept the said office, and a new election STATE OF MARYLAND. 21 or appointment shall be made as in case of refusal or resignation, and any person swearing or affirming falsely in the premises, shall, on conviction thereof in a court of law, incur the penalties for wilful and corrupt perjury, and be thereafter incapable of voting at any election, and also incapable of holding any office of profit or trust in this State. SEc. 5. That no person above the age of Personsdisqualified to vote. twenty-one years, convicted of larceny or other infamous crime, unless he shall be pardoned by the Executive, shall ever thereafter be entitled to vote at any election in this State, and no person under guardianship as a lunatic, or as a person non compos mentis, shall be entitled to vote. ARTICLE II. EXECUTIVE DEPARTMENT. SEcTION 1. The Executive power of the The Govenor; his term of ofState shall be vested in a Governor, whose fice. 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. SEC. 2. The first election for Governor un- Time,place,and manner of electder this Constitution shall be held on the first ing Governor. Wednesday in November, in the year eighteen hundred and fifty-three, 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 22 CONSTITUTION OF THE to vote for Governor; the election to be held in the same manner as the election of delegates, 1853, ch.134. and the returns thereof, under seal, to be addressed to the Speaker of the House of Delegates, and enclosed and transmitted to the Secretary of State, and delivered to the said Speaker at the commencement of the session of the Legislature next ensuing said election. Plurality of votes SEC. 3. The Speaker of the House of Deleto elect. gates 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. In case of a tie SEC. 4. If two or more persons shall have General Assemblyto choose, the highest and an equalsnumber of votes, one of them shall be chosen Governor by the Senate and House of Delegates; and all questions House of Dele- in relation to the eligibility, of Governor, and gates to determineluestionsof to the returns of said election, and to the numeligibility, &c. ber and legality of votes therein given, shall be In case of ineli- determined by the H-louse of Delegates. And gibility General Assembly to if the person, or persons, having the highest choose. Vote jointly viva number of votes be ineligible, the Governor voce. shall be chosen by the Senate and House of Delegates. Every election of Governor, by the Legislature, shall be determined by a joint majority of the Senate and House of Delegates, and the vote shall be taken viva voce. Mode of Voting But if two or more persons shall have the highin case of a tie. est and an equal number of votes, then a second vote shall be taken, which shall be con STATE OF MARYLAND. 23 fined to the persons having an equal number; and if the votes should be again 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. The State shall be divided into three State dividedinto three Gubernatodistricts; St. Mary's, Charles, Calvert, Prince fo wDicthe t A A 1' a q Gov.ernor to be George's, Anne Arundel Montgomery, and chosenin succes Howard counties, and the city of Baltimore, to be the first; the eight counties of the Eastern Shore to be the second; and Baltimore, Harford, Frederick, Washington, Allegany and Carroll counties to be the third. The Governor, elected from the third district, in October last, shall continue in office during the term for which he was elected. The Governor shall be taken from the first district, at the first election of Governor under this Constitution; from the second district at the second election, and from the third district at the third election, and in like manner, afterwards, from each district in regular succession. SEC. 6. A person to be eligible to the office Qualification of of Governor, must have attained the age of thirty years, and been for five years a citizen of the United States, and for five years next preceding his election a resident of the State, and for three years a resident of the district from which he was elected. SEC. 7. In case of the death or resignation Incaseof death, of the Governor, or of his removal from the sembly to elect. State, the General Assembly, if in session, or if not, at their next session, shall elect some other qualified resident of the same district, to 24 CONSTITUTION OF THE be the Governor for the residue of the term for which the said Governor had been elected. In case of vacan- SEC. 8. In case of any vacancy in the office cy during recess of Legislatre — Of Governor during the recess of the LegislaPresident of the Senate to act as ture, the President of the Senate shall disGovernor-or if hen do not acte charge the duties of said office till a Governor of theoact of is elected as herein provided for; and in case Delegates to act. of the death or resignation of 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 Legislature to Delegates, and the Legislature may provide provide for Tmpeachment and by law r the c of ior inabifor cases of va- iddcancy not pro- lity of the Governor, and declare what person shall perform the executive duties during such impeachment or inability; 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 purpose of filling said vacancy. Governor to be SEC. 9. The Governor shall be commanderCommatder-in- ln n chief; but not to in-chief of the l and naval forces of the take the cornmandiperson. Stat 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. His Duties. SEC. 10. He shall take care that the laws be faithfully executed. Appointment of SEC. 11. He shall nominate, and by and with Officers. the advice and consent of the Senate, appoint all civil and military officers of the State, whose STATE OF MARYLAND. 25 appointment or election is not otherwise herein provided for, unless a different mode of appointment be prescribed by the law creating the office. SEC. 12. In case of any vacancy during the Appointments during recess of recess of the Senate in any office which the Legislature. Governor has power to fill, he shall appoint 2Md.341. some suitable person to said office, whose commission shall continue in force till the end of the next session of the Legislature, or till some other person is appointed to the same office, which ever shall first occur, and.the nomination of the person thus appointed 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. 13. No person, after being rejected by Peironse rejected the Senate, shall be again nominated for the ed' same office at the same session, unless at the request of the Senate; or be appointed to the same office during the recess of the Legislature. SEC. 14. All civil officers appointed by the TimeofNominaGovernor 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 shall com- Term of Office. mence on the first Monday of May next ensuing their appointment, and continue for two years (unless sooner removed from office) and until their successors respectively qualify according to law. SEC. 15. The Governor may suspend or ar- Courts-Martial. rest any military officer of the State, for disobedience of orders, or other military offence, and may remove him in pursuance of the sen4 ~26 CONSTITUTION OF THE tence of a court-martial; and may remove, for incompetency or misconduct, all civil officers who receive appointments from the Executive for a term of years. Extra Sessionsof SEC. 16. The Governor may convene the the LegislLegislature, 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. Governor to exa SEC. 17. It shall be the duty of the Govermine Treasury accounts. nor semi-annually, and oftener if he deem it expedient, to examine the bank-book, account books, and official proceedings of the Trreasurer and Comptroller of the State. Governor to re- SEC. 18. Ile shall fron time to time inform commend measures to Legisla- the Legislature of the condition of the State, ture. and recommend to their consideration such measures as he may judge necessary and expedient. Pardoning Power SEC. 19. 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 ajid forfeitures for offences against the State; but shall not remit the principal or interest of any debt due to the State, except in cases of fines and forfeitures; 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 STATE OF MARYLAND. 27 power, he shall report to either branch of the Legislature, whenever required, the petitions, recommendations and reasons which influence his decision. SEC. 20. The Governor shall reside at the Covernrors residence and salary. seat of Government, and shall receive for his services an annual salary of thirty-six hundred dollars. SEC. 21. When the public interest requires Mayemploy it, he shall have power to employ counsel, who shall be entitled to such compensation as the Legislature may allow in each case, after the services of such counsel shall have been performed. SEC. 22. A Secretary of State shall be ap- Secretaryof pointed by the Governor, by and with the advice and consent of the Senate, who shall 1853, ch. 448. 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 shall receive an annual salary of one thousand dollars. SEC. 23. He shall carefully keep and pre- HisDuties. serve 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 shall perform such other duties as may be prescribed by law, or as may properly belong to his office. 28 CONSTITUTION OF THE ARTICLE III. LEGIS LATIVEE DEPARTMENT. Two branches of SECTION 1. The Legislature shall consist of the LegislatureIts style. two distinct branches, a Senate and a House of Delegates, which shall be styled "The General Assembly of Maryland." Election of Sena- SEC. S2. Every county of the State, and the tors. city of Baltimore, shall be entitled to elect one Senators who shall be elected by the qualified voters of the counties and city of Baltimore, Their term of respectively, and who shall serve for four years Office. from the day of their election. Apportionment SEC. 3. The Legislature at its first session of Members of House, of Dele- after the returns of the national census of gates. eighteen hundred and sixty are published, and in like manner after each subsequent census, shall apportion the members of the House of Delegates among-the several counties of the State, according to the population of each, and shall always allow to the city of Baltimore four more Delegates than are allowed to the most populous county, but no county shall be entitled to less than two members, nor shall the whole number of delegates ever exceed eighty, or be less than sixty-five; and until the apportionment is made under the census of eighteen hundred and sixty; St. Mary's county shall be entitled to two delegates; Kent, two; Anne Arundel, three; Calvert, two; Charles, two; Baltimore county, six; Talbot, two; Somerset, four; Dorchester, three; Cecil, three; Prince George's, three; Queen Anne's, STATE OF MARYLAND. 29 two; Worcester, three; Frederick, six; Harford, three; Caroline, two; Baltimore city, ten; Washington, five; Montgomery, two; Allegany, four; Carroll, three, and Howard, two. SEC. 4. The members of the House of Del ElectionofDelegates. egates shall be elected by the qualified voters of thp counties and city of Baltimore respectively, to serve for two years from the day of Their term of their election. SEC. 5. The first election for delegates shall Time of Elections. take place on the first Wednesday of November, eighteen hundred and fifty-one; and the elections for delegates and for one-half of the Senators, as nearly as practicable, shall be held on the same day in every second year thereafter, but an election for Senators shall be held in the year eighteen hundred and fifty-one, in Howard county, and all those counties in which senators were elected in the year eighteen hundred and forty-six. SEc. 6. Immediately after the Senate shall Classificationof Senators. 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 —the Senators of the first class shall go out of office at the expiration of two years, and Senators shall be elected on the first Wednesday of November, eighteen hundred and fifty-three, 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; provided, that in no case shall any Senator be placed in a class which shall entitle him to serve for a longer term than that for which he was elected. In case the num 30 CONSTITUTION OF THE ber of Senators be hereafter increased, such classification of the additional Senators shall be made as to preserve as nearly as may be an equal number in each class. TimeofMeetings SEC. 7. The General Assembly shall meet of the General ssiemsbiennieal on the first Wednesday of January, eighteen hundred and fifty two, on the same day, in the year eighteen hundred and fifty-three, and on the same day in the year eighteen hundred and fifty-four, and on the same day in every second year thereafter, and at no other time unless convened by the proclamation of the Governor. Time of adjourn- SEC. 8. Trhe General Assembly may continue ment. their first two sessions after the adoption of this Constitution, as long as, in the opinion of the two Houses, the public interests may require it, but all subsequent regular sessions of the General Assembly shall be closed on the tenth day of March next ensuing the time of their commencement, unless the same shall be closed at an earlier day by the agreement of the two Houses. Qualifications of SEC. 9. No person shall be eligible as a SeSenators and Delegates. nator or Delegate who, at the time of his election, is not a citizen of the 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 city which he may be chosen to represent, if such county or city shall have been so long established, and if not, then in the county 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 un STATE OF MARYLAND. 31 less he shall have attained the age of twentyone years at the time of his election. SEC. 10. No member of Congress, or per- Personsineligible son holding any civil or military office under Delegates. the United States, shall be eligible as a sena- 1853,ch.280. tor or delegate; and if any person shall, after his election as a 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 Same. Gospel, of any 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. Each House shall be judge of the Powers of each House. qualifications and elections of its members, subject to the laws of the State-appoint its own officers, determine the rules of its own proceedings, punish a member for disorderly or disrespectful behaviour, and with the consent of two-thirds, expel a member; but no member shall be expelled a second time for the same offence. SEC. 13. A majority of each House shall Quorum. 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. 14. The doors of each House and of Sessions to be open. committees of the whole shall be open, except when the business is such as ought to be kept secret. 32 CONSTITUTION OF THE Journalstobe SEC. 15. Each House shall keep a journal published. of its proceedings, and cause the same to be Yeas and Nays. published. The yeas and nays of members on 1853, ch. 36 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. SpecialAdjourn- SEC. 16. Neither House shall, without the mellts,. consent of the other, adjourn for more than three days; nor to any other place than that in which the House shall be sitting, without the concurrent vote of two-thirds of the members present. Style of Laws. SEC. 17. The style of all laws of this State shall be, 1 Be it enacted by the General AssemMode of their bly of Maryland,"g and all laws shall be passed enactment. by original bill, and every law enacted by the Legislature shall embrace but one subject, and that shall be described in the title, and no law or section of law shall be revived, amended or repealed by reference to its title or section only; and it shall be the duty of the Legislature, at the first session after the adoption of this Constitution, to appoint two commissionCodification of ers learned in the law, to revise and codify the Laws. 1852, Res. 4. laws of this State; and the said commissioners shall report the said code, so formed, to the Legislature, within a time to be by it determined, for its approval, amendment, or rejection; and if adopted, after the revision and codification of the said laws, it shall be the Amendments. duty of the Legislature, in amending any article or section thereof, to enact the same as the said article or section would read when amended. Additions. And whenever the Legislature shall enact any public general law, not amendatory of any sec STATE OF MARYLAND. 33 tion or article in the said code, it shall be the duty of the Legislature to enact the same in articles and sections, in the same manner as the said code may be arranged; and to provide for the publication of all additions and alterations which may be made to the said code, and it shall also be the duty of the Legislature to appoint one or more commissioners learned in the law, whose duty it shall be to revise, sim- oueleolfPractice, - Plead ing and plify, and abridge the rules of practice, plead- Conveyancing to be revised. ings, forms of conveyancing, and proceedings 1852, Res.14 of the Courts of record in this State. SEC. 18. Any bill may originate in either Either House may originate House of the General Assembly, and be alter- Bills. ed, amended or rejected by the other; but no bill shall originate in either House during the last three days of the session, or become a law, until it be read on three different days of the session in each House, unless three-fourths of the members of the House, where such bill is pending, shall so determine. SEC. 19. No bill shall become a law unless Passage of Bills. it be passed in each House by a majority of the whole number of members elected, and on its final passage the ayes.and noes be recorded. SrEC. 20. No money shall be drawn from the Appropriations of money to he Treasury of the State, except in accordance madebylaw. with an appropriation made by law, and every 4Md. 189. such law shall distinctly specify the sum appropriated, and the object to which it shall be applied, provided that nothing herein contained shall prevent the Legislature from placing a contingent fund at the disposal of the Execu- Contingent fund. tive, who shall report to the Legislature at each session the amount expended and the 5 34 CONSTITUTION OF THE Statement of purposes to which it was applied; an accurate Receipts and Expenditures to statement of the receipts and expenditures of be published. 1854, ch. 16. the public money shall be attached to and published with the laws after each regular session of the General Assembly. Divorces not to SEC. 21. No divorce shall be granted by the be granted by General Assembly. General Assembly. 2 Md. 429. No debts to be SEC. 22. No debt shall hereafter be contractcontracted by the Legislature. ed by the Legislature, unless such debt shall be authorized by a law providing for the collection of an annual tax or taxes sufficient to pay the interest on such debt as it falls due, and also to discharge the principal thereof within fifteen years from the time of contracting the same, and the taxes laid for this purpose shall not be repealed or applied to any other object until the said debt and the interest thereon shall be fully discharged, and the amount of debts so contracted an(d remaining unpaid shall never The Creditofthe exceed one hundred thousand dollars. The State not to be given. credit of the State shall not, in any manner, be given or loaned to or in aid of any individual, association or corporation, nor shall the General Assembly have the power, in any mode, to involve the State in the construction of works of internal improvement, or in any enterprize which shall involve the faith or credit of the State, or make any appropriations Proceeds of In- therefor. And they shall not use or appropriternal Improvement Companies ate the proceeds of the internal improvement and State Tax to be used to pay comnpallies, or of the State Tax now levied, or which may hereafter be levied, to pay off the public debt, to any other purpose, until the interest and debt are fully paid, or the sinking fund shall be equal to the amount of the out STATE OF MARY'LAND. 35 standing debt; but the Legislature may, without laying a tax, borrow an amount never to exceed fifty thousand dollars, to meet tempo- Temporary Defirary deficiencies in the Treasury, and may contract debts to any amount that may be necessary for the defence of the State. Defece of tlhe SEC.. 3. No extra compensation shall be No extra Compensation or Ingranted or allowed by tile General Assembly crease of Salary to be allowed. to any public officer, agent, servant or contractor, after the services shall have been rendered or the contract entered into. Nor shall the salary or compensation of any public officer be increased or diminished during his term of office. SEC. 24. No Senator or Delegate, after qua- Disqualification lifying as such, shall, during the term for which Deates toehold 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, or shall, during said term, hold any office or receive the salary or profits of any office, under the appointment of the Executive or Legislature. SEC. 25. Each House may punish by impri- Each House may imprison for dis" sonment, during the session of the General respect. 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; provided, such imprisonment shall not, at any one time, exceed ten days. SEC. 26. The members of each House shall, Exemption from in all cases, except treason, felony, or other Arrest. criminal offence, be privileged from arrest during their attendance at the session of the Gen 36 CONSTITUTION OF THE eral Assembly, and in going to and returning from the same, allowing one day for every thirty miles such member may reside from the place at which the General Assembly is convened. No liability for SEC. 27. No Senator or Delegate shall be words spoken in debate. liable, in any civil action or criminal prosecution whatever, for words spoken in debate. Powers of tile SEC. 28. The House of Delegates may inHouse of Delegates. quire, 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 pU.blic jail, there to remain until discharged by due course of lawthey 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 of duty. Provision for va- SEC. 29. In case of death, disqualification, cancies inroffice of Senator orDe- 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 persons, a warrant of election shall be issued by the Speaker of the House of Delegates or President of the Senate, as the case may he, for the election of another person in his place, of which election, not less than ten days notice shall be STATE OF MARYLAND. 37 given, exclusive of the day of the publication of the notice and of the day of election; and in case of such resignation or refusal to act, being communicated in writing, to the Governor, by the person making it, 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 that the said Speaker or President might have done during the session of the Legislature; 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. 30. The Senators and Delegates shall Compensationof Senators and Dereceive a per diem of four dollars, and such legates. mileage as may be allowed by law, and the presiding officer of each House shall be allowed an addition of one dollar per day. No book Books not to be purchased. or other printed matter not appertaining to the business of the session, shall be purchased or subscribed for, for the use of the members or be distributed among them, at the public expense. SEC. 31. No law passed by the General As- Wthen Laws to sembly shall take effect until the first day of June next after the session at which it may be passed, unless it be otherwise expressly declared therein. SEC. 32. No law shall be passed creating Office of Attorney General abothe office of Attorney General. lished. SEc. 33. The General Assembly shall have General Assembly may disfranfull power to exclude from the privilege of vot- chisecertainpering at elections, or of holding any civil or mili 38 CONSTITUTION OF THE tary office in this State, any person who may thereafter be convicted of perjury, bribery, or other felony, unless such person shall have been pardoned by the Executive. Mode of Attest- SEC. 34. Every bill, when passed by the ig Laws. General Assembly, and sealed with the Great Seal, shall be presented to the Governor, who shall sign the same in the presence of the presiding officers and chief clerks of the Senate Laws to be Re- and House of Delegates. Every law shall be corded and certi- - fied to Courts. recorded in the office of the Court of Appeals, and in due time be printed, published and certified under the Great Seal to the several courts in the same manner as has been heretofore usual in this State. Defaulting Col- SEC. 35. No person who may hereafter be a lectors to be ineligible as Sena- collector, receiver or holder of public moneys, rsorDegaes. 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. Duellists ineligi- SEC. 36. Any citizen of this State who shall, ble to office. after the adoption of this Constitution, either in or out of this State, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as a second, or knowingly aid or assist in any manner those thus offending, shall ever thereafter be incapable of holding any office of trust or profit under this State. Lotteries prohi- SEC. 37. No lottery grant shall ever hereafbited. ter be authorized by the Legislature. S prope EC. 38. The General Assembly shall pass Wife's property to be protected. laws necessary to protect the property of the 1853,ch.ebts of the hsban45 J8.53,ch. 3.5 wife, from the debts of the husband during STATE OF MARYLAND. 39 her life, and for securing the same to her issue after her death. SEC. 39. Laws shall be passed by the Legis- Exemption Laws lature to protect from execution a reasonable amount of property of a debtor, not exceeding in value the sum of five hundred dollars. SEC. 40. The Legislature shall, at its first Compensation of session after the adoption of this Constitu- gist and etion, adopt some simple and uniform system of 185.ch. 308. charges in the offices of clerks of courts and registers of wills in the counties of this State and the city of Baltimore, and for the collection thereof; provided, the amount of compensation to any of said officers shall not exceed the sum of twenty-five hundred dollars a year, over and above office expenses, and compensation to assistants; and provided, further, that such compensation of clerks, registers, assistants and office expenses, shall always be paid out of the fees or receipts of the offices respectively. SEC. 41. The House of Delegates shall have Impeachment. the sole power of impeachment in all cases, but a majority of all the members must concur in an impeachment; all impeachments shall be tried by the Senate, and when sitting for that purpose they shall be on oath or affirmation to do justice according to the law and evidence, but no person shall be convicted without the concurrence of two-thirds of all the Senators. SEC., 42. That it shall be the duty of the Internal Improvemient oomLegislature so soon as the public debt shall panies. have been fully paid off, to cause to be transferred to the several counties and the city of Baltimore, stock in the internal improvement 40 CONSTITUTION OF THE companies, equal to the amount respectively paid by each towards the erection and completion of said works, at the then market value of said stock. Master andSlave SEC. 43. The Legislature shall not pass any law abolishing the relation of master or slave, as it now exists in this State. No Imprison- SEC. 44. No person shall be imprisoned for ment for Debt. 5 Md. 37,. debt. Banks not to be SEC. 45. The Legislature hereafter shall chartered. 1853e cl. 441. grant no charter for banking purposes or renew 1854, cl. 158. any banking corporation now in existence, except upon the condition that the stockholders and directors shall be liable to the amount of their respective share or shares of stock in such banking institution for all its debts and Provisions relat liabilities upon note, bill or otherwise; and uping to Banks. on the further condition that no director or other officer of said corporation shall borrow any money from said corporation; and if any director or other officer shall be convicted upon indictment of directly or indirectly violating this article, he shall be punished by fine or imprisonment at the discretion of the Court. All banks shall be open to inspection of their books, papers and accounts, under such regulations as may be prescribed by law. Private Property SEC. 46. IThe Legislature shall enact no law taken for Public authorizing private property to be taken for use to be paid for. public use without just compensation as agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation. Corporations to SEC. 47. Corporations may be formed under beprovidedforby general laws, but shall not be created by speGeneral Laws.las shl bey STATE OF MARYLAND. 41 cial act: except for municipal purposes, and in 1852,ch.231. cases where, in the judgment of the Legisla- 1853,ch.320. ture, the object of the corporation cannot be attained under general laws. All laws and special acts pursuant to this section may be altered from time to time, or repealed; provided, nothing herein contained shall be construed to alter, change or amend in any manner the article in relation to Banks. SEC. 48. The Legislature shall make provi- iontested Elecsion for all cases of contested elections of any 1853,ch. 244. of the officers not herein provided for. SEC. 49. That the rate of interest in this Rate of Interest. State shall not exceed six per cent. per annum, and no higher rate shall be taken or demanded, and the Legislature shall provide, by law, all necessary forfeitures and penalties against usury. AR TICLE IV. JUDICIARY DEPARTMENT. SECTION 1. The Judicial power of this State The Judicial Power-how shall be vested in a Court of Appeals, in Cir- vested. cuit Courts, in such Courts for the city of Baltimore as may be hereinafter prescribed, and in Justices of the Peace. SEC.'2. The Court of Appeals shall have Court of Appeals, its jurisdiction appellate jurisdiction only, which shall be co- and constitution. extensive with the limits of the State. It shall consist of a chief justice and three associate justices, any three of whom shall form a quorum, whose judgment shall be final and conclusive in all cases of appeals; and who shall 6 42 CONSTITUTION OF THE have the jurisdiction which the present Court of Appeals of this State now has, and such other appellate jurisdiction as hereafter may be provided for by law. And in every case decided, an opinion, in writing, shall be filed, Reports of Deci- and provision shall be made, by law, for pubsions to be published. lishing reports of cases argued and determined 1852, ch. 55. in the said Court. The Governor, for the time do. 351. 184,Res. 5. being, by and with the advice and consent of the Senate, shall designate the chief justice, Time and place and the Court of Appeals shall hold its sesof meeting. sions at the city of Annapolis, on the first Monday of June, and the first Monday of December, in each and every year. Clerk of Court of SrEC. 3. The Court of Appeals shall appoint Appeals. its own clerk, who shall hold his office for six years, and may be re-appointed at the end thereof; he shall be subject to removal by the said court for incompetency, neglect of duty, misdemeanor in office, and for such other causes as may be prescribed by law. Statedividedinto SEC. 4. The State shall be divided into four four Judicial Districts. Judicial districts: Allegany, Washington, Frederick, Carroll, Baltimore and Harford counties, shall compose the first; Montgomery, Howard, Anne Arundel, Calvert, St. Mlary's, Charles and Prince George's, the second; Baltimore city, the third; and Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset and Worcester, shall compose the fourth OneJudgeof district. And one person from among those Court of Appeals to be electedfrom learned in the law, having been admitted to each district. Hits ualifica- practice in this State, and who shall have been a citizen of this State at least five years, and above the age of thirty years at the time of his STATE OF MARYLAND. 43 election, and a resident of the judicial district, 1852,cih. 82. shall be elected from each of said districts by the legal and qualified voters therein, as a Judge of the said Court of Appeals, who shall hold his office for the term of ten years from Term of Office. the time of his election, or until he shall have attained the age of seventy years, which ever may first happen, and be re-eligible thereto until he shall have attained the age of seventy years, and not after, subject to removal for incompetency, wilful neglect of duty or misbehaviour in office, on conviction in a court of law, or by the Governor upon the address of the General Assembly, two-thirds of the members of each House concurring in such address; and the salary of each of the Judges of the Salary. Court of Appeals shall be two thousand five hundred dollars annually, and shall not be increased or diminished during their continuance 1 Md. 368. in office; and no fees or perquisites of any kind shall be allowed by law to any of the said Judges. SEC. 5. No judge of the Court of Appeals Judges of Court of Appeals disshall sit in any case wherein he may be inter- qualified in certain cases. ested, or where either of the parties may be connected with him by affinity or consanguinity 1852,ch.263. within such degrees as may be prescribed by law, or when he shall have been of counsel in said case; when the Court of Appeals, or any of its members shall be thus disqualified to hear and determine any case or cases in said court, so that by reason thereof no judgment can be rendered in said court, the same shall be certified to the Governor of the State, who Governor to appoint others to try shall immediately commission the requisite such cases. 44 1CONSTITUTION OF THE number of persons learned in the law for the trial and determination of said case or cases. Judges to be con- SE. 6. All Judges of the Court of Appeals, Peace. of the Circuit Courts, and of the Courts for the city of Baltimore, shall, by virtue of their offices, be conservators of the peace throughout the State. Style ofCommis- SEC. 7. All public commissions and grants dictmentsltl. shall run thus: "The State of Mlaryland," &c., and shall be signed by the Governor, with the Seal of the State annexed; all writs and process shall run in the same style, and be tested, sealed and signed as usual; and all indictments shall conclude "against the peace, government and dignity of the State." State divided in- SEC.' 8. The State shall be divided into eight to eight Judicial Circuits. Judicial Circuits, in manner and form following, to wit: St. Mary's, Charles and Prince George's counties shall be the first; Anne Arundel, Howard, Calvert and Montgomery counties shall be the second; Frederick'and Carroll counties shall be the third; Washington and Allegany counties shall be the fourth; Baltimore city shall be the fifth; Baltimore, Harford and Cecil counties shall be the sixth; Kent, Queen Anne's, Talbot and Caroline counties shall be the seventh; and Dorchester, Somerset and Worcester counties shall be the One Judge to be eighth; and there shall be elected as hereinafelected for each Circuit. ter directed for each of the said judicial circuits, except the fifth, one person from among those learned in the law, having been admitted His Qualifica- to practice in this State, and who shall have tions. been a citizen of this State at least five years, and above the age of thirty years at the time STATE OF MARYLAND. 45 of his election, and a resident of the judicial circuit, to be Judge thereof; the said Judges shall be styled Circuit Judges, and shall respectively hold a term of their courts at least Courts. 1852, ch. 34, twice in each year, or oftener if required by do 46. law, in each county composing their respective do 74 circuits; and the said courts shall be called do. 154. do. 214, Circuit Courts for the county in which they do. 215. 18532 ch. 198. may be held, and shall have and exercise in dO: 242 the several counties of this State, all the pow- 1854, ch. 59. er, authority and jurisdiction which the county Jurisdiction. courts of this State now have and exercise, or do85 31. do. 75. which may hereafter be prescribed by law, and do. 111. do. 136. the said Judges in their respective circuits, do 336. shall have and exercise all the power, autho- 1853,ch. 81 do. 238. rity and jurisdiction of the present Court of do. 406. Chancery of Maryland; Provided, neverthe- 2 Md., 274. less, that Baltimore County Court may hold its Baltimore Counsittings within the limits of the city of Balti- tyCourt. more, until provision shall be made by law for 185. ch. 17. the location of a county seat within the limits do. 86. of the said county proper, and the erection of a court house and all other appropriate buildings, for the convenient administration of justice in said court. SEC. 9. The judges of the several judicial Qualifications of Judges of Circuit circuits shall be citizens of the United States, Courts. and shall have resided five years in this State, and two years in the judicial circuit for which they may be respectively elected, next before the time of their election, and shall reside therein while they continue to act as judges; they shall be taken from among those who having the other qualifications herein prescribed, are most distinguished for integrity, wis 4(L6 CONSTITUTION OF THE dom and sound legal knowledge, and shall be elected by the qualified voters of the said cirTermof Office. culits, and shall hold their offices for the term lMd.,368. of ten years, removable for misbehaviour, on conviction in a court of law or by the Governor, upon the address of the General Assembly, provided that two-thirds of the members of each House shall concur in such address, and Salary. the said judges shall each receive a salary of two thousand dollars a year, and the same shall not be increased or diminished during the time of their continuance in office; and no judge of any court in this State, shall receive any perquisite, fee, commission or reward, in addition thereto, for the performance of any judicial duty. CourtofCom- SEC. 10. There shall be established for the mon Pleas. city of Baltimore one court of law, to be styled "the Court of Common Pleas," which shall Its Juridiction. have civil jurisdiction in all suits where the debt or damage claimed shall be over one hun1851, ch. 159. do. 251. dred dollars, and shall not exceed five hundred 5 Md. 337. dollars; and shall, also, have jurisdiction in all cases of appeal from the judgment of justices of the peace in the said city, and shall have jurisdiction in all applications for the benefit of the insolvent laws of this State, and the supervision and control of the trustees thereof. Superior Court. SEC. 11. There shall also be established, for the city of Baltimore, another court of law, to be styled "the Superior Court of Baltimore Its Jurisdiction. City," which shall have jurisdiction over all suits where the debt or damage claimed shall 1852, ch. 198. do. 227. exceed the sum of five hundred dollars, and in do. 31. se any patir plaitis all less do. 323. case any plaintiff or plaintiffs shall recover less 1853, ch. 451. STATE OF MARYLAND. 47 than the sum or value of five hundred dollars, he or they shall be allowed or adjudged to pay costs in the discretion of the court. The said court shall also have jurisdiction as a Court of Equity within the limits of the said city, and in all other civil cases which have not been heretofore assigned to the Court of Common Pleas. SEC. 12. Each of the said two courts shall Constitution of Baltimore Courts consist of one judge, who shall be elected by for civil cases. the legal and qualified voters of the said city, and shall hold his office for the term of ten years, subject to the provisions of this Constitution, with regard to the election and qualifi- Qualifi-ationand Term of Office of cation of judges and their removal from office, the Judges. and the salary of each of the said judges shall Their Salary. be twenty-five hundred dollars a year; and the Legislature shall, whenever it may think the same proper and expedient, provide, by law, another court for the city of Baltimore, to con- Another Court. sist of one judge to be elected by the qualified 1853,ch. l. voters of the said city, who shall be subject to the same constitutional provisions, hold his office for the same term of years, and receive the same compensation as the judge of the Court of Common Pleas of the said city, and the said court shall have such jurisdiction and powers as may be prescribed by law. SEC. 13. There shall also be a Criminal Court CriminalCourtof Baltimore, for the city of Baltimore, to be styled "the Criminal Court of Baltimore," which shall consist 13, ch. H33. of one judge, who shall also be elected by the legal and qualified voters of the said city, and who shall have and exercise all the jurisdiction Its Jurisdiction. now exercised by Baltimore City Court, and 1852,ch. 344. the said judge shall receive a salary of two 48 CONSTITUTION OF THE Salary, Qualifi- thousand dollars a year and shall be subject cations, &C., of Judge.' to the provisions of this Constitution with regard to the election and qualifications ofjudges, term of office, and removal therefrom. Clerk of Circuit SEc. 14. There shall be in each county a Court. Clerk of the Circuit Court, who shall be elect1853,ch.134. ed by the qualified voters of each county, and the person receiving the greatest number of votes shall be declared and returned duly His Election and elected Clerk of said Circuit Court for the said Term of Office. county, and shall hold his office for the term of six years from the time of his election, and until a new election is held; shall be re-eligible thereto, and subject to removal for wilful neglect of duty, or other misdemeanor in office, on conviction in a court of law. There shall Clerks of Court also be a Clerk of the Court of Common Pleas of Com'n Pleas, of Superr Court, in Baltimore city, and a Clerk of the Superior and of Criminal Court. Court of Baltimore city, and there shall also be a Clerk of the Criminal Court of Baltimore Their Election city, and each of the said clerks shall be electand Term of Office. ed as aforesaid by the qualified voters of the city of Baltimore, and shall hold his office for six years from the time of his election, and until a new election is held, and be re-eligible thereto, subject, in like manner, to be removed for wilful neglect of duty or other misdemeanor in office, on conviction in a court of law. In Vacancies. case of a vacancy in the office of a clerk, the judge or judges of the court, of which he was clerk, shall have the power to appoint a clerk until the general election of delegates held next thereafter, when a clerk shall be elected to fill such vacancy. STATE OF MARYLAND. 49 SEC. 15. The Clerk of the Court of Corn- The respective Powers and Dumon Pleas for Baltimore city, shall have autho- ties of the Clerks of the two Civil rity to issue within the said city, all marriage cort in BCaltiand otherr licenses required by law, subject to 1853,ch. 86. such provisions as the Legislature shall hereafter prescribe; and the Clerk of the Superior Court for said city, shall have the custody of all deeds, conveyances, and other papers now remaining in the office of the clerk of Baltimore county court, and shall hereafter receive and record all deeds, conveyances, and other papers which are required by law to be recorded in said city. He shall also have the custody of all other papers connected with the proceedings on the law or equity side of Baltimore County Court, and of the dockets thereof, so far as the same have relation to Baltimore city. SEC. 16. That the Clerk of the Court of Powers and Duties of the Clerks Appeals, and the Clerks of the Circuit Courts of Court of Apin the several counties, shall respectively per- tCorlrespecform all the duties and be entitled to the fees 185s,ch. 173. do. 308. which appertain to the offices of the Clerks of 1853, ch. 1,4. do. 409, Court of Appeals for the Eastern and Western do. 444. Shores and of the Clerks of County Courts, and the Clerks of the Court of Common Pleas, the Superior Court and the Criminal Court for Baltimore city, shall perform all the duties appertaining to their respective offices, and heretofore vested in the Clerks of Baltimore County Court and Baltimore City Court respectively, and be entitled to all the fees now allowed by law; and all laws relating to the Clerks of Court of Appeals, Clerks of the several County Courts and Baltimore City Court, 7 50 CONSTITUTION OF THlE shall be applicable to the Clerks respectively of the Court of Appeals, the Circuit Courts, the Court of Common Pleas, the Superior Court, and the Criminal Court of Baltimore City, until otherwise provided by law; and the said clerks, when duly elected and qualified according to law, shall have the charge and custody of the records and other papers belonging to their respective offices. Judgesof Or- SEC. 17. The qualified voters of the city of phans' Courts. Baltimore, and of the several counties of the tWhenl and how State: shall: on the first Wednesday of Novemto be elected. 1852, ch.:0. ber, eighteen hundred and fifty-one, and on the do. 62. do. 73. same day of the same month in every fourth do. 139, do.,47. year forever thereafter, elect three men to be do. 290 do85 341. Judges of the Orphans' Court of said city and 1853, ch. 81. do. 147. do. 271 counties respectively, who shall be citizens of do. 333. do. ~85. the State of Maryland, and citizens of the city or county for which they'may be severally elected at the time of their election. They shall have all the powers now vested in the Jurisdiction. Orphans' Courts of this State, subject to such changes therein as the Legislature may preCompensation. scribe, and each of said Judges shall be paid at a per diem rate, for the time they are in session, to be fixed by the Legislature, and paid by the said counties and city respectively. Register otWills. SEC. 18. There shall be a Register of Wills in each county of the State, and in the city of His Election. Baltimore, to be elected by the legal and qualified voters of said counties and city respecTerm ofOffice. tively, who shall hold his office for six years from the time of his election, and until a new election shall take place, and be re-eligible thereto, subject to be removed for wilful ne STATE OF MARYLAND. 51 glect of duty, or misdemeanor in office, in the same manner that the clerks of the county courts are removable. In the event of any vacancy in the office of Register of Wills, said Vacancies. vacancy shall be filled by the Judges of the Orphans' Court until the general election next thereafter for Delegates to the General Assembly, when a Register shall be elected to fill such vacancy. SEC. 19. The Legislature at its first session Number of Jusices of the Peace after the adoption of this Constitution, shall tnd ConstableS to be fixed. fix the number of Justices of the Peace and 1852, cl. 274. Constables for each ward of the city of Baltimore, and for each election district in the several counties, who shall be elected by the legal Their Election and Term of Ofand qualified voters thereof respectively, at the fice. next general election for delegates thereafter, and shall hold their offices for two years from the time of their election, and until their successors in office are elected and qualified; and the Legislature may, from time to time, in- Number may be crease or diminish the number of Justices of 185,c.ll 102. the Peace and Constables to be elected in the 1834,ch.302. several wards and election districts, as the wants and interests of the people may require. They shall be, by virtue of their offices, con- Duties and Compensation. servators of the peace in the said counties and 1852,ch. 76. city respectively, and shall have such duties 1853 ch.201. 1854, ch. 2'5. and compensation as now exist, or may be pro- do. 236. vided for by law. In the event of a vacancy Vacancies. in the office of a justice of the peace, the Governor shall appoint a person to serve as justice of the peace, until the next regular election of said officers, and in case of a vacancy in the office of constable, the county com 52lg CONSTITUTION OF THE missioners of the county, in which a vacancy may occur, or the Mayor and City Council of Baltimore, as the case may be, shall appoint a person to serve as constable until the next regular election thereafter for said officers. An Appeals. appeal shall lie in all civil cases from the judg5 Md. 337. ment of a Justice of the Peace to the Circuit Court, or to the Court of Common Pleas of Baltimore city, as the case may be, and on all such appeals, either party shall be entitled to a Jury Trial. trial by jury, according to the laws now existing, or which may be hereafter enacted. And Police of Balti- the Mayor and City Council may provide, by ordinance, from time to time, for the creation and government of such temporary additional police, as they may deem necessary to preserve the public peace. Sheriffs. SEC. 20. There shall be elected in each county and in the city of Baltimore, every TheirElection. second year, two persons for the office of sheriff for each county, and two for the said city, the one of whom having the highest number of votes of the qualified voters of said county or city, or if both have an equal number, either of them, at the discretion of the Governor, to be commissioned by the Governor for the said office, and, having served for Term of Office. two years, such persons shall be ineligible for Bond. the two years next succeeding; bond with security, to be taken every year, and no sheriff shall be qualified to act before the same be Vancancies. given. In case of death, refusal, disqualification or removal out of the county, before the expiration of the said two years, the other person chosen as aforesaid, shall be commissioned STATE OF MARYLAND. 53 by the Governor to execute the said office for the residue of the said two years, the said person giving bond with security as aforesaid. No person shall be eligible to the office of sheriff Qualifications. but a resident of such county or city respectively, who shall have been a citizen of this State at least five years preceding his election, and above the age of twenty-one years. The two candidates, properly qualified, having the highest number of legal ballots, shall be declared duly elected for the office of sheriff for such county or city, and returned to the Gov- Returns of Elections. ernor, with a certificate of the number of ballots for each of them. SEc. 21. Coroners, Elisors and Notaries Coroners, ElisorS and Notaries Public shall be appointed for each county and Public. the city of Baltimore, in the manner now prescribed by law, or in such other manner as the General Assembly may hereafter direct. SEC. 22. No Judge shall sit in any case, Judges disqualifled from sitting wherein he may be interested, or where either incertain ases. of the parties may be connected with him by 185,ch. 68. affinity, or consanguinity, within such degrees do. 425. as may be prescribed by law, or where he shall have been of counsel in the case; and when- Provisions for such cases and ever any of the judges of the circuit courts, or for sickness, &c. of the courts of Baltimore city, shall be thus disqualified, or whenever, by reason of sickness, or any other cause, the said judges, or any of them, may be unable to sit in any cause, the parties may, by consent, appoint a proper person to try the said cause, or the judges, or any of them, shall do so when directed by law. SEC. 23. The present Chancellor and the Provisions for abolishing the Register in Chancery, and, in the event of any Court of Chancery. 54 CONSTITUTION OF THE vacancy in their respective offices, their successors in office respectively, who are to be appointed as at present, by the Governor and Senate, shall continue in office, with the powers and compensation as at present established, until the expiration of two years after the adoption of this Constitution by the people, and until the end of the session of the Legislature next thereafter, after which the said offices of Chancellor and Register shall be 1854,ch.149. abolished. The Legislature shall, in the inmean time, provide by law for the recording, safekeeping, or other disposition, of the records, decrees, and other proceedings of the Court of Chancery, and for the copying and attesta85.,ch. 131. tion thereof, and for the custody and use of the Great Seal of the State, when required, after the expiration of' the said two years, and for transmitting to the said counties, and to the 1853, ch. 123. city of Baltimore, all the cases and proceedings in said Court then undisposed of and unfinished, in such manner, and under such regulations as may be deemed necessary and proper: Provided, that no new business shall originate in the said Court, nor shall any cause be removed to the same from any other court, from and after the ratification of this Constitution. Time of Election SEC. 24. The first election of Judges, Clerks, of Judges, Clerks and Regiter of Registers ofo Wills, and all other officers, whose Wills. election by the people is provided for in this article of the Constitution, except justices of the peace and constables, shall take place throughout the State on the first Wednesday of November next after the ratification of this Constitution by the people. STATE OF MARYLAND. 55 SEC. 25. In case of the death, resignation~, Proeionsvon removal, or other disqualification of a judge of &c,of Judgoes any of the courts of law, the Governor, by and with the advice and consent of the Senate, shall thereupon appoint a person, duly qualifibd, to fill said office until the next general election for delegates thereafter; at which time an election shall be held as hereinbefore prescribed, for a judge, who shall hold the said office for ten years, according to the provisions of this Constitution. SEC. 26. In case of the death, resignation, Provisions in cases of Death, removal, or other disqualification of the judge &c.,ofsJudges of' of an Orphans' Court, the vacancy shall be filled by the appointment of the Governor, by and with the advice and consent of the Senate. SEC. 27. Whenever lands lie partly in one Jurisdiction in Chancery cases. county, and partly in another, or partly in a 1852, ch. 16, county and partly in the city of Baltimore, or sec. 5. whenever persons proper to be made defendants to proceedings in Chancery, reside some in one county and some in another, that court shall have jurisdiction in kwhich proceedings shall have been first commenced, subject to such rules, regulations and alterations as may be prescribed by law. SE(c. 28. In all suits or actions at law, issues emoval of cases to an adjoining from the Orphans' Court or from any court county. sitting in equity, in petitions for freedom, and 1852,ch. 169. in all presentments and indictments now pend- 1854, ch 3~5. ing, or which may be pending at the time of 6 Md. 479 the adoption of this Constitution by the people, or which may be hereafter instituted in any of the courts of law of this State, having jurisdiction thereof, the judge or judges there 56 CONSTITUTION OF THE How suggestions of, upon suggestion in writing, if made by the for removal to be made. State's Attorney, or the prosecutor for the State, or upon suggestion in writing, supported by affidavit made by any of the parties thereto, or other proper evidence, that a fair and impartial trial cannot be had in the court where such suit or action at law, issues or petitions, or presentment and indictment is depending, shall order and direct the record of proceedings in such suit or action, issues or petitions, presentment or indictment, to be transmitted to the To what County court of any adjoining county; provided, that removals to be made. the removal in all civil causes be confined to an adjoining county within the judicial circuit, except as to the city of Baltimore, where the removal may be to an adjoining county, for trial, which court shall hear and determine the same in like manner as if such suit or action, issues or petitions, presentment or indictment, had been originally instituted therein; and proWhen sugges- vided also, that such suggestion shall be made tions for removal to be made. as aforesaid, before or during the term in which the issue or issues may be joined in said suit or action, issues or petition, presentment or indictment, and that such further remedy in the premises may be provided by law, as the Legislature shall from time to time direct and enact. Elections and SEC. 29. All elections of judges, and other officers provided for by this Constitution, shall 1853, ch. 134. be certified, and the returns made by the clerks of the respective counties to the Governor, who shall issue commissions to the different persons for the offices to which they shall have been respectively elected; and in all such elections, STATE OF MARYLAND. 57 the person having the greatest number of votes, shall be declared to be elected. SEC. 30. If, in any case of election for Judges, Cases of a tie Clerks of the Courts of Law and Registers of elections. Wills, the opposing candidates shall have an equal number of votes, it shall be the duty of the Governor to order a new election; and in case of any contested election, the Governor shall send the returns to the House of Delegates, who shall judge of the election and qualification of the candidates at such election. SEC. 31. Every person of good moral cha- Votersmayplead their own cases. racter, being a voter, shall be admitted to practice law in all the courts of law in this State, in his own case. ARTICLE V. THE STATE S ATTORNEYS. SECTION 1. There shall be an attorney for Elertion and Term of Office the State in each county and the city of Bal-,ofhe syate's timore,.to be styled " The State's Attorney,"' who shall be elected by the voters thereof, respectively, on the first Wednesday of November next, and on the same day every fourth year thereafter, and hold his office for four years from the first Monday of January next ensuing his election, and until his successor shall be elected and qualified, and shall be re-eligible thereto, and be subject to removal therefrom for incompetency, wilful neglect of duty or misdemeanor in office, on conviction in a court of law. 8 58 CONSTITUTION- OF THE Returns of Elec- SEC. 2. All1elections for the State's Attortions to be made to Judges. ney shall be certified to, and returns made thereof, by the clerks of the said counties and city to the Judges thereof having criminal jurisdiction, respectively, whose duty it shall be to decide upon the elections and qualifications of the persons returned, and in case of a tie between two or more persons, to designate which of said persons shall qualify as State's Attorney, and to administer the oaths of office to the persons elected. Their Dutes and SEC. 3. The State's Attorney shall performn such duties and receive such fees and commissions as are now prescribed by law for the Attorney General and his Deputies, and such other duties, fees and commissions as may hereafter be prescribed by law, and if any State's Attorney shall receive any other fee or reward than such as is, or may be allowed by law, he shall, on conviction thereof, be removed from office. Their qualifica- SEC. 4. No person shall be eligible to the tions. office of State's Attorney who has not been admitted to practice the law in this State, and who has not resided for at least one year in the county or city in which he may be elected. Vacancies. Sec. 5. In case of vacancy in the office of State's Attorney, or of his removal from the county or city in which he shall have been elected, or on his conviction as herein before specified, the said vacancy shall be filled by the Judge of the county or city, respectively, having criminal jurisdiction in which said vacancy shall occur, until the election and qualification of his successor; at which election STATE OF MARYLAND. 59 said vacancy shall be filled by the voters of the said county or city, for the residue of the term thus made vacant. SEc. 6. It shall be the duty of the Clerk of state cases in Court of Appeals the Court of Appeals, and the Commissioner and LandOliCe of the Land Office, respectively, whenever a case shall be brought into said court or office, in which the State is a party, or has an interest, immediately to notify the Governor thereof. ARTICLE VI. TREASURY DEPARTMENT. SECTION 1. There shall be a Treasury De- Comptroller of the Treasury. partment, consisting of a Comptroller, chosen His Election and by the qualified electors of the State, at each Salary. election of members of the lHouse of Dele- 4183ch.403. gates, who shall receive an annual salary of two thousand five hundred dollars; and of a Treasurer. Treasurer, to be appointed by the two Houses His Appointment and Salary. of the Legislature, at each session thereof, on joint ballot, who shall also receive an annual salary of two thousand five hundred dollars; and neither of the said officers shall be allowed or receive any fees, commissions, or perquisites of any kind, in addition to his salary, for the performance of any duty or service whatever. In case of a vacancy in either of the Vacancies. offices, by death or otherwise, the Governor, by and with the advice and consent of the Senate, shall fill such vacancy by appointment, to continue until another election by the people, or a choice by the Legislature, as the case may 60 CONSTITUTION OF THE be, and the qualification of the successor. The Comptroller and the Treasurer shall keep their Place oftheirOf- offices at the seat of government, and shall fices. Their Oaths and take such oath: and enter into such bonds: for Bonds. bns 1852,ch.12 the faithful discharge of their duties, as the Legislature shall prescribe. TheDtiesof the SEC. 2. The Comptroller shall have the genthe Treasury. eral superintendence of the fiscal affairs of the 1853, ch. 82,. State: he shall digest and prepare plans for To prepare plans the improvement and management of the revefor Management ofthe Revenue. nue, and for the support of the public credit; To report esti- prepare and report estimates of the revenue mates. Tosuperintend and expenditure of the State; superintend and collections. enforce the collection of all taxes and reveTo adjust acc'ts. nue; adjust, settle and preserve all public acTodecideonthe counts; decide on the forms of keeping and formsofaccounts stating accounts; grant, under regulations preTo grant war- scribed by law, all warrants for moneys to be rants for moneys. paid out of the treasury, in pursuance of apTo regulate the propriations by law; prescribe the formalities transfer of stock. of the transfer of stock or other evidences of 1852, ch. 65. the State debt; and countersign the same, without which such evidences shall not be valid; he To report all his shall make full reports of all his proceedings, proceedings to the Legislature. and of the state of the Treasury Department 1852, ch. 56. within ten days after the commencement of each session of the Legislature, and perform such other duties as shall be prescribed by law. TheDuties ofthe SEC. 3. The Treasurer shall receive and keep Treasurer. To receive and the moneys of the State, and disburse the same disburse moneys. 4 Mdu. my. upon warrants drawn by the Comptroller, and not otherwise; he shall take receipts for all To take receipts moneys paid by him, and all receipts for moon the Comptroller's warrants. neys received by him shall be endorsed upon warrants signed by the Comptroller, without STATE OF MARYLAND. 61 which warrant, so signed, no acknowledgment of money received into the Treasury shall be valid; and upon warrants issued by the Comp- To provide for payment of Pubtroller he shall make arrangements for the pay- lie Debt. ment of the interest of the public debt, and for the purchase thereof, on account of the sinking fund. Every bond, certificate, or other evi- P:,isions i.: e dence of the debt of the State, shall be signed e~bt. theo by the Treasurer and countersigned by the, e8b,.65. Comptroller, and no new certificate or other do. M. evidence intended to replace another shall be issued until the old one shall be delivered to the Treasurer, and authority executed in due form for the transfer of the same shall be filed in his office, and the transfer accordingly made on the books thereof, and the certificate or other evidence cancelled; but the Legislature may make provision for the loss of certificates or other evidence of the debt. SEC. 4 The Treasurer shall render his ac- Tieasurertorender aecounts to counts quarterly to the Comptroller; and on the,to,:~nmtoler the third day of each session of the Legisla- turto Legisature he shall submit to the Senate and House of Delegates fair and accurate copies of all accounts by him from time to time rendered and settled with the Comptroller. He shall at all times submit to the Comptroller the inspection of the moneys in his hands, and perform all other duties that shall be prescribed by law. 62 CONSTITUTION OF THE ARTICLE VI I. SUNDRY OFFICERS. Commissioners SECTION 1. At the first general election of of Public Works. Delegates to the General Assembly, after the adoption of this Constitution, four Commissioners shall be elected as hereinafter provided, who shall be styled 1' Commissioners of Public Their Duties. XWorks, and who shall exercise a diligent and faithful supervision of all Public Works, in which the State mav be interested as stockholder or creditor, and shall represent the State in all meetings of the Stockholders, and shall reco ait Di- apppoint the Directors in every RRail Road or Canal Company, in which the State has the constitutional power to appoint Directors. It shall also be the duty of the Commissioners of Tadjustolls d Public Works to review, from time to time, the rate of tolls adopted by any company; use all legal powers which they may possess to obtain the establishment of rates of tolls, which may prevent an injurious competition with each other, to the detriment of the interests of the State; and so to adjust them as to promote the agriculture of the State. It shall also be the duty of the said Commissioners of Public To keep a Jour- Vorks to keep a journal of their proceedings; nal. and at each regular session of the Legislature To report toLe- to make it a report, and to recommend such gislatnre. legislation as they shall deem necessary and requisite to promote or protect the interest of the State in the Public Works; and perform such other duties as may be prescribed by law. Their Salary. They shall each receive such salary as may be STATE OF MARYLAND. 63 allowed by law, which shall not be increased or. 1852, ch. 12. diminished during their continuance in office. SEC.,.. For the election of the Commission- Statedividedinto four Districts. ers of Public Works, the State shall be divided into four districts. The counties of Allegany, Washington, Frederick, Carroll, Baltimore and fHarford, shall constitute the first district. The counties of Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, Charles and Prince George's, shall constitute the second district. Baltimore city shall constitute the third district. The counties of Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset, and Worcester, shall constitue the fourth district. One commissioner shall be One Commissioner of Public elected in each district, who shall have been a r intac lbe resident thereof at least five years next pre- tsquanlificaceding his election. SEC. 3. The said Commissioners shall be The Returns of Elections of the elected by the qualified voters of their districts Commissioners for Public Works respectively; the returns of their election shall be certified to the Governor, who shall, by proclamation, declare the result of the election. Two of the said commissioners, first elected, shall hold their office for four years, and the Terms of Office. other two for two years from the first Monday of December next succeeding their election. And at the first meeting after their election, or as soon thereafter as practicable, they shall determine, by lot, who of their number shall hold their offices for four and two years respectively; and thereafter there shall be elected as aforesaid, at each general election of Delegates, two commissioners for the term of four years, to be taken from the districts respectively 64 CONSTITUTION OF THE wherein the commissioners resided at the time of their election, whose term of service has Vacancies expired. And in case of a vacancy in the office of either of said commissioners, by death, resignation, or otherwise, the Governor, by and with the advice and consent of the Senate, shall appoint some qualified person from the same district, to serve until the next general election of Delegates, when an election shall be held, as aforesaid, for a commissioner for the residue of said term. And in case of an Case of a divi- equal division in the board of commissioners, sion of opinion. on any subject committed to their charge, the Treasurer of the State shall have power, and shall be called on to decide the same. And in CasesofaTieor the event of a tie vote for any two of the canof Contested Elections. didates for the office of commissioner in the same district, it shall be the duty of the Governor to commission one or the other of the candidates having the equal number of votes. And if the Governor doubt the legality or result of any election held for said commissioners, it shall be his duty to send the returns of such election to the House of Delegates, who shall judge of the election and qualification of the candidates at such election. Lottery Conmmis- SEC. 4. During the-continuance of the lottesioner. His Election. ry system in this State, there shall be elected 1852, ch. 113. by the legal and qualified voters of the State, at every general election for delegates to the General Assembly, one Commissioner of LotTerm of Office. teries, who shall hold his office for two years, and till the qualification of his successor, and His Compensa- shall be re-eligible. His whole compensation tion.out of the fund raised for the shall be paid'out of the fund raised for the Ma STATE OF MARYLAND. 65 ryland Consolidated Lottery grants, and shall not exceed the amount of commissions received by one of the present Lottery Commissioners, out of said fund; and he shall give such bond, for the faithful performance of his duties His Bond. as is now given by the Lottery Commissioners. The term of the Commissioner, who shall be elected at the general election for Delegates next succeeding the adoption of this Constitution, shall commence at the expiration of the commissions of the present Lottery Commissioners, and continue for two years, and till the qualification of his successor. SEC. 5. From and after the first day of April, Provisions for eighteen hundred and fifty-nine, no lottery teries scheme shall be drawn, for any purpose whatever, nor shall any lottery ticket be sold in this State; and it shall be the duty of the several commissioners elected under this Constitution, to make such contract or contracts as will extinguish all existing lottery grants before the said first day of April, eighteen hundred and fifty-nine, and also secure to the State a clear yearly revenue equal to the average amount derived by the State from the system for the last five years; but no such contract or contracts shall be valid until approved by the Treasurer and Comptroller. SEc. 6. There shall be a Commissioner of Commissioner of the Land Office, the Land Office elected by the qualified voters His Election and Term of Office. of the State, at the first general election of Delegates to the Assembly after the ratification of this Constitution, who shall hold his office for the term of six years from the first day of January next after his election, The 9 66 CONSTITUTION OF THE Returns of Elects on. ec- returns of said election shall be made to the ases of a ti. Governor, and in the event of a tie between any two or more candidates, the Governor shall direct a new election to be held by writs to the several sheriffs, who shall hold said election after at least twenty days notice, exclusive Duties and Com- of the day of election. The said Commissioner pensations of Commissioner. shall sit as judge of the Land Office, and receive therefor the sum of two hundred dollars per annum, to be paid out of the State TreaTo act as Judge, sury. He shall also perform the duties of the as Register, and asExaminer Ge- Register of the Land Office, and be entitled 1852, cl. 361. to receive therefor the fees now chargeable in 1853,ch.415. said office; and he shall also perform the duties of Examiner General, and be entitled to receive therefor the fees now chargeable by Offices of Regis- said officer. The office of Retgister of the ter and Examiner General abolish- Land Office and Examiner General shall be ed. abolished from and after the election and qualification of the Commissioner of the Land Office. state Librarian. SEC. 7. The State Librarian shall be elected His Election and TermofOffice. by the joint vote of the two branches of the 5 Md. 423. Legislature, for two years, and until his succesSalary. sor shall be elected and qualified. His salary shall be one thousand dollars per annum. He His Duties. shall perform such duties as are now or may hereafter be prescribed by law. County Commis- SEC. 8. The county authorities now known sioners. as Levy Courts or County Commissioners, How and when shall hereafter be styled "County Commnisto be elected. sioners," and shall be elected by general ticket, and not by districts, by the voters of the several counties, on the first Wednesday in November, one thousand eight hundred and fifty STATE OF MARYLAND. 67 one, and on the same day in every second year thereafter. Said Commissioners shall exercise such powers and duties only as the Legislature may from time to time prescribe; but such Their Powers and Duties to be powers and duties, and the tenure of office, uniform throughshall be uniform throughout the State, and the Legislature shall, at or before its second regular session, after the adoption of this Constitution, pass such laws as may be necessary for determining the number for each county, and Their Number band Powers and ascertaining and defining the powers, duties, bTer byfixed t and tenure of office of said Commissioners; Legislature and until the passage of such laws the Corn- 1853,ch.173. missioners elected under this Constitution shall do. 37 6 Md. 468. have and exercise all the powers and duties in their respective counties, now exercised by the county authorities under the laws of the State. SEc. 9. The General Assembly shall provide Supervisors of by law for the election of Road Supervisors, officers. in the several counties, by the voters of the 1853,ch.300. election districts respectively, and may provide Provision for their Election, by law for the election or appointment of such &c., to be mlade other county officers as may be required, and are not herein provided for, and prescribe their powers and duties; but the tenure of office, their powers and duties, and mode of appointment, shall be uniform throughout the State. SEC. 10. The qualified voters of each coun- Surveyors. Their Election ty, and the city of Baltimore, shall, at the first and Term of ofelection of delegates after the adoption of this. Constitution, and every two years thereafter, elect a Surveyor for the counties, and the city of Baltimore respectively, whose duties and TheirDuties ald Compensations. compensation shall be the same as are now prescribed by law for the county and city Sur 68 CONSTITUTION OF THE veyors respectively, or as may hereafter be Commencement prescribed by law. The term of office of said of their Term of Office. county and city Surveyors respectively, shall commence on the first Monday of' January Vacancies. next succeeding their election. And vacancies in said office of Surveyors, by death, resignation or removal from their respective counties or city, shall be filled by the Commissioners of the counties, or Mayor and City Council of Baltimore respectively. Wreck-AMaster.d SEC. 11. The qualified voters of Worcester TermofOffice. county shall, at the first election of delegates after the adoption of this Constitution, and every two yers thereafter, elect a WreckHis Duties and Master for the said county, whose duties and Compensation. compensation shall be the same as are now prescribed or may be hereafter prescribed by Commencement law. The term of office of said Wreck-Masof his Term of Office. ter shall commence on the first Monday of January next succeeding his election; and a Vacancies. vacancy in said office, by death, resignation, or removal from the county, shall be filled by the county commissioners of said county, for the residue of the term thus made vacant. ARTICLE VIII. NEW COUNTIE S. Howard County SECTION 1. That part of Anne Arundel councreated. Md. 139. ty called Howard District, is hereby erected into a new county, to be called Howard county, the inhabitants whereof shall have, hold and enjoy all such rights and privileges as are held STATE OF MARYLAND. 69 and enjoyed by the inhabitants of thie other counties in this State; and its civil and municipal officers, at the time of the ratification of this Constitution, shall continue in office until their successors shall have been elected or appointed, and shall have qualified as such; and all rights, powers and obligations incident to Howard District of Anne Arundel county shall attach to Howard county. SEc. 2. When that part of Allegany county, Provisions for creating a new lying south and west of a line beginning at the County, out of part of Allegany summit of Big Back Bone or Savage Moun- ""ounty tain, where that mountain is'crossed by Mason and Dixon's line, and running thence by a straight line, to the middle of Savage, river where it empties into the Potomac river, thence by a straight line, to the nearest point or boundary of the State of Virginia; then with said boundary to the Fairfax stone, shall contain a population of ten thousand, and the majority of electors thereof shall desire to separate and form a new county, and make known their desire by petition to the Legislature, the Legislature shall direct at the next succeeding election, that the Judges shall open a book at each Election district in said part of Allegany county, and have recorded therein the vote of each elector "For or Against" a new county. In case the majority are in favor, then said part of Allegany county to be declared an independent county, and the inhabitants whereof shall have, and enjoy all such rights and privileges as are held and enjoyed by the inhabitants of the other counties in this State. Provided, that the whole representation in the Ge 70 CONSTITUTION OF THE neral Assembly of the county, when divided, shall not exceed the present delegation of Allegany county, allowed under this Constitution until after the next census. ARTICLE IX. MILITIA. Enrolmentof SECTION 1. It shall be the duty of the LegisMilitia. lature to pass laws for the enrolment of the Districting the militia; to provide for districting the State into divisions, brigades, battalions, regiments, and companies, and to pass laws for the effectual Encouraging Vo- encouragement of volunteer corps by some lunteers. mode which may induce the formation and 853, chi. 343. continuance of at least one volunteer company in every county and division in the city of BalElection of Offi- timore. The company, battalion, and regimnental officers (staff officers excepted) shall be elected by the persons composing their several companies, battalions and regiments. The Adjutant SEC. 2. The Adjutant General shall be apGeneral. 2 Md. 341. pointed by the Governor, by and with the adHis Term of Of- vice and consent of the Senate. I-He shall n y. hold his office for the term of six years, and receive the same salary as heretofore, until changed by the Legislature. STATE OF MARYLAND. 71 ARTICLE X. MISCELLANEOUS. SECTION 1. Every officer of this State, the Compensation of Officers not to Governor excepted, the entire amount of whose exceed e3,000. pay or compensation received for the discharge 1853:,ch 444. of his official duties shall exceed the yearly sum of three thousand dollars, shall keep a book, in which shall be entered every sum or sums of money received by him or on his account as a payment or compensation for his performance of official duties, a copy of which entries in said book, verified by the oath of the officer by whom it is directed to be kept, shall be returned yearly to the Treasurer of the State for his inspection and that of the General Assembly of Maryland; and each of such The excess of fees, &c., to be officers, when the amount received by him for paid to Treasurer. the year shall exceed the sum of three thousand dollars, shall yearly pay over to the treasurer the amount of such excess by him received, subject to such disposition thereof as the Legislature may deem just and equitable. And any such officer failing to comply with On failure, their Offices vacated. the said requisition, shall be deemed to have vacated his office, and be subject to suit by the State for the amount that ought to have been paid into the treasury. SEC. 2. The Legislature shall have power Legislature to pass laws to carto pass all such laws as may be necessary and ry out the provisions of the Conproper for carrying into execution the powers stitution. vested by this Constitution, in any department 1852, ch172. or office of the government, and the duties imposed upon them thereby. 72 CONSTITUTION OF THE Incaseofatiein SEC. 3. If in any election directed by this ondered to be r- Constitution any two or more candidates shall 1854, ch. 26. have the highest and an equal number of votes, a new election shall be ordered, unless in cases specially provided for by the Constitution. Trial by Jury pre- SEC. 4. The trial by jury of all issues of fact served in cases overfive dollars. in civil proceeding, in the several courts of law in this State, where the amount in controversy exceeds the sum of five dollars, shall be inviolably preserved. JurytobeJudges SEC. 5. In the trial of all criminal cases the of Law and Fact cminal jury shall be the judges of law as well as fact. Legislature to re- T gulate Elections. SEC. 6. The Legislature shall have power 185s,ch.183. to regulate by law all matters which relate to 1853, ch. 134. the judges, time, place and manner of holding elections in this State, and of making returns thereof, provided that the tenure and term of office, and the day of election shall not be affected thereby. Vested Rights, SEC. 7. All rights vested, and all liabilities &c., to remain. 1 Md. 368 incurred shall remain as if this Constitution had not been adopted. Governor and SEIC. 8. The Governor and all officers, civil other officers to cfice. i Of- and military, now holding commissions under 1 Md. 140. this State, shall continue to hold and exercise do. 368. 2 Md. 341. their offices, according to their present tenure, until they shall be superseded, pursuant to the provisions of this Constitution, and until their successors be duly qualified. Sheriffs to tgive SEC. 9. The sheriffs of the several counties Elections, of this State, and of the city of Baltimore, shall give notice of the several elections authorized by this Constitution, in the manner prescribed by existing laws for elections under the present Constitution. STATE OF MARYLAND. 73 SEC. 10. This Constitution, if adopted by a This Constitution to go into efnmajority of the legal votes cast on the first fecton 4thJuly. Wednesday of June next, shall go into operation on the fourth day of July next, and on and after said day shall supersede the present Constitution of this State. ARTICLE XI. AMENDMENT OF THE CONSTITUTION. It shall be the duty of the Legislature, at Thesense of the people tobe taken its first session immediately succeeding the re- nvery ten years in regard to callturns of every census of the United States, fo altering the hereafter taken, to pass a law for ascertaining, Conttuton. at the next general election of Delegates, the sense of the people of Maryland in regard to the calling a Convention for altering the Constitution; and in case the majority of votes cast at said election shall be in favor of calling a Convention, the Legislature shall provide for assembling such Convention, and electing Delegates thereto at the earliest convenient day; and the Delegates to the said Convention shall The Proportion of Delegates to be elected by the several counties of the State uch Convention. and the city of Baltimore, in proportion to their representation respectively in the Senate and House of Delegates, at the time when said Convention may be called. 10 74 CONSTITUTION OF MARYLAND. Done in Convention the 13th day of May, in the year of our Lord one thousand eight hundred and ffty-one, and of the Independence of the United KStates the seventy-fifth. J. G. CHAPMAN, President of the Convention. Attest-GEORGE G. BREWER, Secretary to Convention. STATE OF MARYLAND, COURT OF APPEALS, W. So I, RICtHARD W. GILL, Clerk of the Court of Appeals aforesaid, do hereby certify that this Constitution was this sixteenth day of May, in the year of our Lord eighteen hundred and fifty-one, filed in this office.- Witness my hand as Clerk. R. W. GILL, Clerk. APPENDIX TO SECOND EDITION. HAVING, at the request of the publishers, prepared the marginal notes to this Edition of the New Constitution, it seemed to me that it would be useful to add, by way of Appendix, brief notes of the principal changes which have been made in the fundamental law of the State, with their apparent or supposed causes, and of the subjects that require particular attention on the part of the Legislature, and of officers in other departments of the Government. It is said, by the learned and elegant Commentator on the Laws of England, that there are three points to be considered in the construction of statutes, viz. the old law, the mischief and the remedy. The framers of the New Constitution had before them the Old Law, and had also, it is to be presumed, some idea of the mischiefs, which were intended to be prevented, by the remedies which have been provided. It may be useful therefore to note both the changes and their causes; for no change is ever made without a cause, and without a due consideration of both, no man can clearly understand or properly perform his duty. THE DECLARATION OF RIGHTS. This Declaration, consisting principally of immutable principles of government, has been but slightly altered. The addition to the first article of it is the only change of sufficient importance to notice. It relates to the "unalienable right to alter the form of government," and contains a restriction of this right to " the mode prescribed in the Constitution." The importance of this alteration may be seen by reflection upon the fact that the Old Constitution was altered, at the time of the formation of this New one, in a mode different from that which was prescribed in the former, and that the right of alteration in the new mode was, at that time, the subject of' much discussion. 76( APPENDIX. THE CONSTITUTION. ART. I.-ELECTIVE FRANCHISE. The Elective Franchise, which is the subject of the first article of the New Constitution, has been a little enlarged, by the provision in relation to removals; and it is moreover better protected than heretofore, by the provisions against fraud. The oath, which is now required of all officers, before entering upon their duties, that they have not been in any way guilty of bribery at elections, and the perpetual disfranchisement of those who have at any time violated the laws regulating the elective franchise, are important and salutary changes. The whole foundation of a lRepublican Government is the will of the people fairly expressed, and all attempts to influence that will, by any other means than rational argument, tend to the destruction of that form of government, and hence of Liberty. ART. II.-EXECUTIVE DEPARTMENT. By the first section. of this article the term of office of the Governor is enlarged from three to four years. By this change, the expiration of it is made to coincide with that of every second term of the Delegates, they being elected biennially, in which respect there is a similarity between the Constitution of this State and that of the United States. By the fourth section it is provided, that when two or more persons have the highest and an equal number of votes for Governor, the second vote shall be confined to those persons, and if the votes be again equal, the election is to be determined by lot. The great use of such a provision, in some cases, will readily be perceived by those who have studied the history of the elections of Speakers, Presidents and other officers, both in the National and State Legislatures. It would have been well if this principle had been extended to other officers than the Governor. It can be demonstrated, with almost mathematical certainty, that the only plan which is both just and certain in its operation, for the election of a person to any office, where there are several candidates, is continually to drop the lowest one, after the first ballot, and if at last there be a tie, to decide by lot. The ninth section prohibits the Governor from taking the command in person of the forces of the State, without the consent of the Legislature. It is to be hoped that there imay never be occasion for his asking or their giving such consent. APPENDIX. 77 The seventeenth section imposes upon the Governor the new duty of examining the books of the Treasurer, which is designed to be an additional check upon that Department of Government. The nineteenth section imposes restrictions upon the pardoning power, which are well calculated to restrain the exercise of it within proper bounds. Besides these changes, affecting the Governor's prerogative, there is another, which is the most important of them all. He has been stripped of the power of judging of the suitability of candidates- for all the principal offices in the State, and of appointing them, by and with the advice and consent of the Senate, and is now clothed with such powers only as properly appertain to the chief Executive authority in a State. It is to be presumed that several causes operated together to produce this change, viz. with some persons, a conviction that the Legislative, Executive and Judicial powers of the government were not separate and distinct from each other, under the old mode of appointing Judges, &c. —although the Declaration of Rights expressly declares that they ought to be;-with others, an opinion that the people at large can judge of the qualifications of candidates for all offices as well as the Governor can; and with a third class of persons, a disposition to restrain the appointing power of the Governor, or the Executive patronage, as it is called, in order to prevent what was thought to be its injurious influence upon popular elections, and its growing tendency to abuse. ART. III.-LEGISLATIVE DEPARTMENT. The changes which have been made in this Article are numerous and important. By the second section of it the term of office of Senators is reduced from six to four years, and by a subsequent section it is provided, that one-half of them, instead of one-third as formerly, shall be elected biennially. The Old Constitution, in this respect, was like that of the United States, but it was contended, by those who advocated this change, that the term was so long as in a measure to take away the responsibility of Senators to the people for their conduct. The third section apportions representation in the House of Delegates according to population. This principle of representation, now for the first time adopted in this State, although it is a fundamental one in all Republican governments, is restricted in regard to Baltimore City, fbr fear that her power might become so great as to lead to the passing of 78 APPENDIX. laws, either for her own particular benefit, or for the oppression of the Counties. By the seventh section, the regular sessions of the Legislature are a little shortened, by changing the time of meeting. The first two Sessions after the adoption of this Constitution are excepted. It will be observed that, by subsequent provisions, the Legislature will be prevented from occupying its time by the enactment of many local and private laws. The fourteenth and fifteenth sections will give greater publicity to the proceedings of the Legislature. The seventeenth section embraces some of the most useful provisions that are to be found in the whole Constitution. It relates to the manner of passing laws, to their revision and codification, to the manner of amending the code after it is adopted, and to the simplification and abridgment of the rules of Practice, Pleading, Conveyancing, &c. This State has long been suffering for want of a proper codification of its laws. Several attempts indeed have been made, both with and without the aid of the Legislature, but all of them have proved to be failures; and a great and lasting benefit will be conferred upon the people, if the Commissioners for revision faithfully fulfil the duties assigned to them. While several of our sister States have, for many years past, enjoyed the advantage of a well arranged system of laws, framed to suit their advanced state of civilization and liberty, we yet live under some that were framed more than a century ago, many of which have been abolished in England where they originated. The able Report of Mr. Kilty, made under the direction of the Legislature, shewing which of the British statutes are in force in Maryland, and which are proper to be incorporated into our Laws, will require the attention of the Commissioners for revision. The eighteenth section takes away the restriction upon the Senate from originating money bills, upon the ground perhaps that, as the reason for such a restriction had ceased, the law itself should cease. The remaining part of this section and the nineteenth section contain new provisions to prevent laws being passed in too great haste, or without the sanction of a majority of the members of the' Legislature, the causes for which provisions may readily be found in the history of past legislation in this State. The twenty-first section prohibits the Legislature from granting divorces, obviously because it would occupy too much time, and because it is properly a judicial act. APPENDIX. 79 The twentieth and twenty-second sections, prohibiting the contracting of Public Debt, or the loan of the credit of the State, by the Legislature, will, it is to be hoped, prevent her fair name from being again tarnished, as it has been, by a failure to meet her pecuniary obligations to creditors at home and abroad. Honor as well in a State as in an individual, ought to be as zealously guarded as Liberty. The twenty-third section prohibits extra compensation from being given, after a contract is made, as it has been often heretofore. The thirtieth section fixes the per diem of members and prevents useless expenditures. The thirty-second section abolishes the office of Attorney-General. The thirty-third section provides for the protection of the Elective Franchise, further than is provided in the first article, by allowing certain criminals to be disfranchised. The thirty-sixth section, making duelists ineligible to any office, will tend to check the practice of settling disputes by a most barbarous method. The thirty-eighth, thirty-ninth and forty-fourth sections providing first, for the protection of a wife's property-second, for the exemption of a debtor's property to a certain amount-and third, for the abolishment of imprisonment for debt, will essentially alter the relations of debtor and creditor, and make the reliance upon personal character a more important element than heretofore in mercantile and other transactions, where the credit system prevails. These sections require the special attention of the Legislature. The fortieth section imposes upon the Legislature the difficult but very necessary duty of adopting some simple and uniform system of charges in the offices of Clerks and Registers, and limits their compensation to twenty-five hundred dollars per annum. The charges heretofore fixed had, by change in the amount of business, and other circumstances, become too high, and the salaries of some of these officers had grown to be enormous. Theforty-fifth andforty-seventh sections contain provisions in relation to Banks and other corporations, which seem to be perfectly in accordance with the declaration (No. 39) "That monopolies are odious, contrary to the spirit of a free government, and to the principles of commerce, and ought not to be suffered." The omission of the provision, contained in the Old Constitution, against a tax for religion, was made probably on the ground that in this enlightened age the Legislature did not need to be reminded of the impropriety of it. 80 APPENDIX. ART. IV.-JUDICIARY DEPARTMENT. The greatest changes in this Department are 1st. The substitution of a term of years for the life tenure of the Judges: 2d. The election of Judges, Clerks and Registers by the people: 3d. The substitution of one Judge for three in the County Courts: 4th. The abolishment of the Court of Chancery. The two changes first named are owing to the prevalence of such opinions as are referred to in the comments on the Executive Department and on the change of the senatorial term of office; and the other two may safely be said to have been made principally from pecuniary considerations. Several duties are to be performed by the Legislature in relation to this department, which will be pointed out at the close of these notes. ART. V.-STATE'S ATTORNEYS. This article is entirely new. It was before observed that a change was made by abolishing the office of Attorney-General; and the provision that those officers who were formerly called his Deputies and were appointed by him, shall be elected by the people, is in harmony with other parts of the instrument. ART. VI.-TREASURY DEPARTMENT. The whole of this department has been remodeled. The Comptroller of the Treasury is a new officer designed as a check upon the Treasurer. The former is to be elected by the people and the latter by the legislature. This plan of giving authority to one from one source, and to the other from another, makes them, in a measure, independent of each other; and thereby the danger of collusion is greatly lessened. By the old system there was no such check upon the Treasurer, the integrity of a single individual being the chief and almost the only safeguard of the State in regard to its treasure. ART. VII.-SUNDRY OFFICERS. This article provides for the election of sundry officers by the people. The office of Commissioner of Public Works, of whom there are to be four, is a new one. Their duty is to superintend the interest of the State in Rail Road and Canal Companies. APPENDIX. 81 By the fourth and fifth sections it. is provided that a Lottery Commissioner shall be elected every two years until Ist April, 1859, when the whole system is to be abolished. By the sixth section the Commissioner of the Land Office is to be elected by the people, and to perform the duties of the Register of the Land Office and Examiner-General. The eighth section provides for the election of County Commissioners, and that their powers and duties shall be uniform throughout the State. This is a great improvement upon the existing Acts of Assembly in regard to those officers and their duties. ART. VIII. -NEw COUNTIES. By this article one new county is created, and provision is made for the creation of another. ART. IX.-MILITIA. Sundry duties are here prescribed for the Legislature in regard to statutes to be passed for regulating the Militia of the State. The present law on the subject is not enforced, and it is comparatively a dead letter. ART. X.-MISCELLANEOUS. Among the miscellaneous provisions in this article, those in the first section are particularly to be noted, as being new and useful, viz. that every officer, except the Governor, who receives more than three thousand dollars per annum, for the performance of his official duties, shall pay the balance into the Treasury, and give a statement of his receipts and expenditures. The fact that certain officers heretofore received compensations much too large, led to these provisions. ART. Xl.-AMENDMENT OF THE CONSTITUTION. By this article the mode of amending the Constitution has been.entirely changed. The former mode was that amendments must be made by an Act of Assembly passed at one session and a conformatory Act at the next; but hereafter they are to be made by Conventions, elected for this purpose, at intervals of ten years. The principal arguments urged in favor of this latter mode are:-first, that the fundamental law of the State, being superior to all the departments of government, and regulating, among other things, the powers and duties of the Legislature itself, ought not to be under the control of the Legislature or any other department of the government, in order that the equilibrium, and the balances and 11 82 APPENDIX. checks, which have been provided to preserve the independence of the several departments, should not be destroyed, and that one department should not trespass upon the rights of another;-secondly, that the amendment of a Constitution, which is a work of more importance than the ordinary business of legislation, should not be mixed up with this, but be made at a time specially appointed for the purpose;-thirdly, that the Delegates to a Convention to amend the Constitution will be wiser and better men than those of the Legislature. THEm DuTIES OF THE LEGISLATURE. The duties imposed upon the Legislature, by the provisions of the New Constitution, being numerous and interspersed with various subjects throughout the instrument, it will facilitate references to all or ally of them to note them in order. Some of these duties are. required either by the instrument itself, or from evident necessity, to be performed, at the first session of the Legislature after the adoption of it. These may be seen by reference to the following articles and sections, viz.; Article 3, sections 6, 17, and 40. Article 4, sections 10, 11, 12, 19, and 23. Article 10, seetions 2 and 6. Other Duties of the Legislature are prescribed or referred to in the following, viz.: Declaration of Rights, No. 41. Art.. 1, section 3. Art. 2, section 8. Art. 3, sections 33, 38, 39, 48, and 49. Art. 4, sections 2, 8, 21, and 22. Art. 7, sections 8 and 9. Art. 9, section 1. The author of these brief notes hopes that they may prove, what they are designed to be, some assistance or help to those who have special duties imposed upon them by the New Constitution, as well as to others who may wish to understand the changes it has produced in regard to their rights, civil and political. EDWARD OTIS HI;NKLEY. BALTIMORE, Oct. 11, 1851. I N D E Xo PAGE.qbridgment of legal forms, &c...........................33 ~,qbsentees, attendance of, may be compelled by Legislature............... 31.absurdity of the doctrine of non-resistance.............................10 A/ccountability of public officers........................................ 10 to God, belief in, a necessary qualification for a Witness or Juror................................................. 16.lccusation, every manl to be informed of, against him...................12.action, not allowed for words spoken in debate..........................36 removal of...................................................56 Jlcts, committed before retrospective laws...............................12 moral accountability for.........................................16 record of, to be kept by Secretary of State........................ 27.,cts of.ssembly, in force in Maryland.......................1...........10 relating to Annapolis................................17 Jlddition, to the code of laws to be published..........................33 to salary of Treasurer or ComptrolleI not allowed..............59.~ddress of General Assembly to remove Judges................... 14, 43, 46.4djournmernt of the Legislature..................................30, 31, 32 ddjustnment of accounts of the State..................................36, 60.Jdjutant General to be appointed by Governor..........................70 administration of Justice, independency, &c., of Judges.................. 14 of oath of office to State's Attorney.......................58.dminission to practice law, of voters................................... 57 a qualification of State's Attorney... 58 ddoption of the Constitution......................................... 9, 73.qdvice, of Senate necessary to appointment of Judges, &c......55, 59, 64, 70.Jflnity of Judges to parties in cases............................ 43, 53.:9ge, of voters..................................................... 18 of Governor................................................... 23 of Senator.................................................... 30 of Delegate....................................................31 of Judges.....42..........................................4, 43, 44 of Sheriff.....................................................53.Agents, no extra compensation to be allowed to................. 35./lgriculture, to be encouraged by the Legislature................ 17 tolls to be adjusted so as to promote........................62.idrs, not to be levied without consent of Legislature.............. 11.ll1eghany Co., provisions about creating a new county...................69 f/llegiance, oath of................................................... 20 otlleownce, additional not to be made to Public Officers................... 35 to Senators and Delegates..................................37 84 I NDEX. PAGE.llotvance, to Clerks, of their fees.................................... 49 to State's Attorneys...................................... 58 to Treasurer and Comptroller............................59 Alteration, of salaries not allowed.................................35.Amendmnent, of the Constitution..........................9, 10, 11, 17, 73 of bills, &c................................32, 33 Adnnapo lis City, to be the place of meeting of Legislature..........11 to have its charter rights, &c.........................17 Court of Appeals to sit there....................... 42 ~.ppointments by the Governor......2..........................24, 25, 27 of Commissioners to Codify Laws and to revise Rules of Practice, &c............................... 32, 33 Senators and Delegates not to receive...................... 35 by House of Delegates of Auditors...................36 of Judge of Court of Appeals, in case of disqualification... 43 of Clerks of Courts, to fill vacancies................48 of Registers of Wills, to fill vacancies................... 51 of Justices of the Peace, to fill vacancies..............51 of Constables, to fill vacancies...................... 51 of Sheriffs, to fill vacancies..................52 of Coroners, to fill vacancies........................ 53 of Judges, in case of disqualification....................... 53 of Judges, to fill vacancies........................... 55 of State's Attorneys, to fill vacancies..................... 58 of Comptroller and Treasurer, to fill vacancies......... 59 of Directors of Rail Road and Canal Companies........... 62 of Commissioners of Public Works, to fill vacancies....... 64 of county officers to be provided for....................... 67 of Surveyors, to fill vacancies....................... 68 of Wreck-masters, to fill vacancies..................... 68 of Adjutant-General................................. 70 Altpportionment of Delegates.................................. 28 Alppropriations of money, how to be made by Legislature.............. 33 of proceeds of internal improvement companies, &c., restrained................................... 34 duties of Comptroller in relation to....................... 60.rmines, standing, dangerous to liberty................................. 14.Arrangement of code not to be altered by Legislature.................. 33 for payment of interest on public debt to be made by Treasurer........................................ 61 Aqrrest of military officers for disobedience........................ 25 members of General Assembly exempt from............... 35 Arts to be encouraged by Legislature................................. 17.Assembly, Acts of, in force.............................. 10 to consist of two branches...................................28 to meet in January, biennially.............................. 30 address of two-thirds to remove Judges.................... 46.Issessment of paupers not to be made.................................. 11.Attainder, laws of, not to be made.................................... 12.Jttendance of absent members may be compelled by each House of Assembly 31.ttestation of Divine Being in administering oaths...................... 17 IN DEX. 8.5 PAGE.lttestation of the laws of the State................................. 38 of records of late Court of Chancery...................... 54.dttorney-General, no law to be passed creating office of.................. 37 A.ttorneys of the State, removal of cases upon suggestion of............. 56 their election, &c............................... 57.Juditors of accounts of the State to be appointed by House of Delegates.. 36 Avoidance of sanguinary laws...................................... 12 d/yes-see yeas. Bail.................................................................... 13 Ballot...........................................18, 22, 59 Baltimore City, representation of restricted........................... 28 Courts and Clerks of........................46, 47, 48, 49 Baltimore County, its county seat and court house............ 45 Bank book.....................................................26, 40, 46 Banks.......40, 41 Baron of Baltimore........................................10 Behavior.................................................... 31, 35 Belief............................................................ 15, 16 Benefit of certain English statues secured to the people.................. 10 Annapolis to have its.................................. I...... 17 Bills......................................................32, 33, 38, 40 Blood......................................... 14 Bonds of office to be sued by order of House of Delegates........... 36 of Sheriffs................................. 52 of Comptroller and Treasurer................................. 60 of State to be signed by Comptroller and Treasurer.............61 of Lottery Commissioner................................ 65 Books..........................................37, 61, 69, 71 Borrowing........................................................35, 40 Branches of Legislature....................................... 28, 66 Bribery.......................................................19, 20, 38 Buildings....................................4........45 Burthen...11. 1 BuZrying ground.................................................. 16 Business................................................. 31, 54 Calvert, Cecilius...................................................... 10 Canals.............................* *........................62 Cancelling......................................................... 61 Candidate, bribery in regard to....................................... 19 for office of Sheriff............................ 53 new election, in case of tie........................... 57, 66, 72 Cases of State in Court of Appeals, &c........................... 59 criminal, Jury to be judges of law and fact....................... 72 Census................28.................................. 28, 70, 73 Certificate. ~~~~~~~~~~~~~ ~~~~~~~~~~i~~ ~~~~~~~~~53, 61, 63 Certifying...................................................... 38, 56, 58, 63 Challenge................................. 38 Chancery...........................4......................45, 53, 54, 55 Change of Constitution.............................................17 of Residence.......................................... 18 Charges not to be levied without consent of Legislature................ 11 86 INDEX. PAGE Charges, criminal, copy of, to be furnished.............................. 13 of Clerks, &c., to be regulated............................39 Charles the First.................................................... 10 Charter of the State.............................................. 10 of the City of Annapolis................................... 17 of Banks.................................................. 40 Chattels........................................................... 16 Choosing...................................... 22, 59 Christians......................................................... 16 Church...................................................16 Circuit Courts................................41, 44, 45, 46, 49, 50, 52, 53 Cities......................................................... 53 Citizen.....................................................11, 18 City of./lnnapolis-see JIrnnapolis City. City of Baltimore-see Baltimore City. City Cozuncil.............................................. 52, 68 Civil cases, jurisdiction of, in Baltimore City........................46, 47 removal of............................................... 56 Claims.............................................................. 46 Classification......................................................29, 30 Clerks, their charges to be regulated.............................. 39 of Court of Appeals................................... 42, 59 powers and duties of,...................................... 49, 50 election of............................... 54, 57 election returns to be made by......................56, 58 Code................................................. 3..32, 33 Codification................................ 32 Collectors......................................................... 38 Colored population................................................... 13 Command in Chief.................................................. 24 Commerce...................................................... 17 Commnissions, public................................................... 44 or fees not to be received by Judges, Comptroller, Treasurer, &c................................................46, 59 to be issued to Sheriffs, Judges, &c., by Governor....52, 56, 64 of State's Attorneys to be prescribed..................... 58 Commissioners to revise laws................................. 32 to revise rules of practice.............................33 of county........................................51, 66, 67 of Public Works..6....................62, 63, 64 of Lotteries.......................................... 64, 65 of Land Office....................................... 65, 66 Commitment.................................................... Committee of the whole.................................. 31 Common Law......................................... 9 Common Pleas, Court for Baltimore City............... 46, 47, 48, 49, 50, 52 Community...................................... 12 Compact.....9................................ 9 Companies................................34, 39, 70 Compensation of Governor............................................. 27 of Public Officers.................................. 35 I N DEX. 87 PAGE Compensation of Senators and Delegates............................... 37 of Clerks, Registers, &c..................................39 for private property taken................................40 of Judges of Court of Appeals...........................43 of Judge of Circuit Court................................ 46 of Judges of Baltimore Courts............................47 of Judges of Orphans' Courts..........................50 of Justices of the Peace.................................51 of Chancellor, &c..................................... 54 of State's Attorneys.................................. 58 of Comptroller and Treasurer............................59 of Commissioners of Public Works...................... 62 of Lottery Commissioner................................64 of Commissioner of Land Office..........................66 of State Librarian...................................... 66 of Surveyors..........................................67 of Wreck-master.......................................68 of Adjutant-General.....................................70 of officers generally....................................71 Competition........................................................62 Complaints.........................................................36 Comptroller of Treasury.............................26, 59, 60, 61, 65 Compulsion...................................................13, 15, 31 Concurrence....................................................39, 46 Conduct......................................................... 10 Congress............................ e.......................31 Congressmen....................................................... 18 Consanguinity......................................................43, 53 Constables-see Justices of the Peace. Construction........................................................ 17 Contingent Fund.................................................33 Contracts..................................................15, 34, 35, 65 Contribution..................... *............................. 12, 15 Convention......................................... 9, 11, 24, 26, 30, 73 Conveyancing........................3............................33, 49 Conviction of criminals........................................... 14, 21 of Public Officers............................ 39, 46, 48, 57, 58 Coroners............................................................53 Corporations................................................... 34, 40 Corruption.............................................. 14 Costs............................................................... 47 Counsel...................................................... 13, 26, 53 Counties to be formed............................................... 68 County Commissioners..........................................51, 66, 68 County seat of Baltimore County......................................45 Courts, their use of English Statutes.................................. 10 Legislative, Executive and Judicial, powers to be separated.......11 evidence against oneself not to be com pelled.....................13 proceedings in, to be revised................................... 33 laws to be certified to..........................................38 the Judicial powers of the State..........................41 ~~88 -IND E X. PAGE Courts, the Circuit Courts......................................44, 45, 46 Baltimore Courts.....................................46, 47, 48 Clerks....................................................48, 49 the Orphans' Courts, &c............................50, 51 trials by Jury................................. 72 Court House in Baltimore County................................... 45 Court of./lppeals................................. 38, 41, 42, 43, 49, 50, 59 Courts Jartial...............................25 Crime.....................................................12, 21, 35, 36 Criminal Court of Baltimore City.......................47, 48, 49, 50, 58 Cruelty.................................................. 12 Debate........................................11, 36 Debts not to be contracted by Legislature............................. 34 of a husband........................................... 38 exemption from.......................... 39 imprisonment for.............................,........... 40 Decisions of Governor to be reported to Legislature.....................27 of Court of Appeals to be published........................42 Declaration of Rights................................ 9 Decrees in Chancery.................................................. 54 Deeds....................................................... 49 Defaulters.........................................................38 Defence.............................................. 13, 14, 35 Defendants.................................................... 55 Deficiencies........................................................ 35 Delays........................................................ 12, 13 Delegates, election district for.....................................18 oath of office............................................. 20 returns of elections of Governor, &c.........................22 apportionment of.........................................28 how elected-term of office...............................29 qualifications of........................................ 30 ineligibility of Congressmen............................... 31 disqualification to hold certain offices........................35 not liable for words in debate........................36 provision for vacancies..........................36 compensation............... e.... e........37 defaulting Collectors ineligible...............................38 Delegation of Allegany Co............................................70 Denial of justice....................................................12 Denominations of Religion......................................16, 17, 31 Departments of Government to be separate.............................11 of power, rotation in.....................................15 Devise............................................................ 16 Diminution of salaries, &c., forbidden..............................35, 43 Directors in Banks, liability of.......................................40 in Rail Road and Canal Companies........................... 62 Disfranchisement for perjury, &c......................................37 Disqualification of Churches, Ministers, &c. from holding property.......16 for bribery, &c........19............................ of convicts, lunatics, &c.............................. 21 I N D E X. 89 PAGE Disqualification of Senators and Delegates....................35, 36 of Judges, &c...................................43, 53, 55 Distinction of departments of Government............................. 11 Districts, provisions about removal.............................. 18 for election of Governor............................,23 for election of Judge of Court of Appeals...42 for Justices of the Peace................... o 51 for election of Commissioners of Public Works. e63 Divine Being.................................................... o.. o. 17 Divorce........................................ e....34 Dockets.............. a.... e....o..c...49 Duellists..............................................38 Eastern Shlore............................... 0......23, 49 Elections to be free and frequent........................... o..,10 qualifications of voters, &c.........o...... 18 bribery, illegal voting, &c....o.. 19 disqualification of criminals................... 21 of Governor.......................... 22 of Senators and Delegates...............28, 29, 31 provisions for vacancies.................. 36 disqualifications................. ee..................37 contested.............................................41 of Judges of Court of Appeals.............................42, 43 of Judges of Circuit Courts.....44, 45 of Baltimore Courts..................................... 46, 47 of Clerks of Courts........................ 48 of Judges of Orphans' Courts and Registers of Wills.........50 of Justices of the Peace and Constables............. 51 of Sheriffs..... 52 of Coroners, Elisors, Notaries, &c..53 time of..54 provisions for death, &c., of Judges................ 55 returns of...56 cases of a tie, &c...................57 of State's Attorneys....................................58 of Treasurer, Comptroller, &c...................... *........59 of Commissioners of Public Works.................. 62, 63 of Lottery Commissioner.............................64 of Commissioner of Land Office........................... 65 of State Librarian... 66 of County Commissioners.. 66 of Road Supervisors and Surveyors.......................... 67 of Wreck-master............................68 Sheriffs to give notice of....................................72 Elective Franchise....................................... 18 Electoral Districts...............................................18, 19 Electors.............................................19, 69 Eligibility of Governor............................................... 22 of Senators and Delegates............................30, 31, 35 of Defaulters.................................38 of Clerks of Courts........................................48!2 90 INDEX. PAGS Eligibility of Judges of Orphans' Courts, Registers of Wills, &c.........50 of Sheriffs, &c.....................................52 53 of State's Attorneys..............................57, 58 of Lottery Commissioner...................................64 Elisor............................................................. 53 Enactments, style of laws............................................32 passage of bills................................33 to carry into execution powers vested by the Constitution.... 71 Endorsement....................................................... 60 England.........................................................9, 10 Enumeration......................................................17 Equity..................................................10, 47, 49, 55 Establishment of Government..................................... 9, 10 Evidences of witnesses, and against oneself.............................13 Execution of laws not to be suspended......................... 11 of laws to be enforced by Governor..........................24 exemption of property from.. 39 of powers vested by the Constitution................. 71 Executive powers of Government held in trust, &c......................10 to be distinct from Legislative and Judicial....................11 rotation of................................................ 15 how elected, &c............................ 21 contingent fund.........................33 appointments by..........................................35 Exemption....................................................35, 39 Exile...........................................................13 Expenditure of public money....................................... 33, 34 House of Delegates to inquire into................... 36 for books, &c................................37 Comptroller, Treasurer, &c................................60 Expiration of term of office of Sheriff............................... 52 of offices of Chancellor, &c...................54 of Lottery Scheme....................................... 65 Expulsion.....................................................31, 36 Facts....... 12, 72 Failure....................................................... 71 Faith................................................... 34 Favor.......................................................... 69, 73 Fees, not to be levied without consent of Legislature.................... 11 not to be received by Judges................... 15, 43, 46 of Clerks, &c..........................................49, 50 of State's Attorney........................................58 not to be received by Treasurer or Comptroller................... 59 of Commissioner of Land Office............................... 66 over three thousand dollars to be paid to Treasurer............ 71 Felony.....................................................12, 35, 36 Fighting...................................................... 38 Fines may be imposed for the benefit of the community............. 12 excessive not to be imposed...................... 13 for illegal voting............................................. 19 mnay be remitted by Governor................................. 926 INDEX. 91 PAGE Fines upon Directors and officers of Banks, &c........................ 40 Forces...........................................................19, 24 Foreign Powers................................................... 15 Forfeitures............................................. 14, 26, 41 Forms.............................9, 9 33, 60, 61 Foundation......................................................9, 10 Franchise........................... *.......... **...*...18 Freedom.............................................. 10, 11, 12, 15, 55 Freeman.........................................................12, 13 Frequency........................................................ 11 Functions....................................................11 Fund......................................33, 61, 64, 65 General assembly-see Legislature. Gifts................................................ 16, 34 God..................................................9, 15, 16, 17 Gospel....................................................... 16, 31 Governor may remove Judges upon address of General Assembly... 14, 43, 46 oath of office........................................... 20 term of office............................ 21 mode of election............................ 22 Gubernatorial districts....................................... 23 qualifications.............................................. 23 vacancies.........................................23, 24 his powers and'duties.............................. 24, 25, 26, 27 proclamation to convene Legislature..........................30 to issue warrants of election............37 to sign bills............................................. 38 to designate Chief Justice of Court of Appeals..............42 to commission special Judges, in case of disqualification......43 to sign public grants......................................44 to appoint Justices of the Peace to fill vacancies...51 to appoint Sheriffs, to fill vacancies, &c........................53 to appoint Judges, to fill vacancies, &c.... 55 returns of elections to be certified to........................ 56, 63 to order new election in contested cases, &c.................57, 66 to appoint Treasurer and Comptroller, to fill vacancies........ 59 to appoint Adjutant-General............................70 to inspect returns of officers.............................. 71 to hold office until successor qualifies........................ 72 Government, origin, foundation, &c................................. 9 right of reform............................. 10 separation of depa:'ments............................... 11 seat of.............................................. 11 support of........................................... 12 militia, &c.............................................. 14 place of, may be changed................................ 26 Governor to reside at seat of.............................. 27 of police of Baltimore................................... 52 laws to be passed to execute powers of....................71 Grand Inquest.....................................................36 Grants under Charter of Charles the First............................ 10 912 I IND E X. PAGE Grants by the Legislature......................................34 of Lotteries prohibited...................................... 38 of Charters for Banks, &.................................... 40 form of........................ 44 Gratitude to Almighty God..................................... 9 Great Seal.......... Xe38 Grievances........................................................ 11, 36 Guardianship............................ 21 Guilt................................13 Happiness........................ 10 Honors.......................................................... 17 Ilouses of Llssembly-see Legislature. House of Delegates-see Legislature. Husband and wife........... 38 Impartiality................................. 13, 14 Impeachment...................*..........................11, 24, 26, 39 Imprisonment............................................... 13, 35, 40 Incompetency..................................................42, 43, 57 Independence........ 14 Indictment.......................................... 13, 40, 44, 55, 56 Ineligibility-see Eligibility. Information................................................ 12, 26 Inhabitants..............................................9, 10, 68, 69 Injuries........................................................ 12, 15 Injustice........................................................ 12 Inquest...................................................... 36 Inquiry.........................................................36 Insolvent............................................................ 46 Inspection........................................................ 61, 71 Institution......................................................... 9 Insurrection..................................................... 24 Integrity....................................................... 45 Interest................................................... 41, 43, 59, 62 Internal Improvements.........................................34,39, 61 Invasion................ 24 Jail............................................................... 36 Jews............................................................... 16 Journals...... 32, 62 Judges, separation of departments of Government.....................11 independency of............................................. 14 oath of................................. 20 each House of Legislature to be, in certain cases............... 31 jurisdiction, Court of Appeals................................41 opinions to be filed and published...............................42 Governor to designate Chief Justice............................42 of Court of Appeals to appoint Clerk...........................42 qualifications of, for Court of Appeals.........................43 term of office of, Court of Appeals............................43 salary of, Court of Appeals.................................. 43 fees not allowed............................................ 43 disqualification from affinity, &c............................... 43 IN D E X 93 PAGE Judges, to be conservators of the peace.............................. 44 qualifications of, for Circuit Courts..........................44, 45 jurisdiction of, Circuit Courts................................45 term of office of, Circuit Courts...............................46 salary of, Circuit Courts.......................,46 of Court of Common Pleas.................................. 46 its jurisdiction.............................................46 of Superior Court of Baltimore City.......................... 46 its jurisdiction.......................................... 46 qualifications of, for Baltimore Courts.........................47 salary of, Baltimore Courts...............................47 of Criminal Court of Baltimore City..........................47 its jurisdiction............................................. 47 salary, qualifications of Judges, &c.......................... 48 of Orphans' Courts......................................... 50 qualifications of, for Orphans' Courts.........................50 jurisdiction of, Orphans' Courts...................... *.... 50 compensation of, Orphans' Courts........................ 50, vacancy in office of Register of Wills........................ 51 appeals from Justice of the Peace.............................52 disqualification from affinity, &c...............................53 election of.................................................. 54 vacancies................................................ 55 jurisdiction in Chancery cases...............................55 removal of cases..............................................55 returns of elections of..................................... 56 cases of a tie, and contested elections.......................... 57 vacancy in office of State's Attorney........................... 58 of Land Office................................................ 66 of rights of Jury in criminal cases............................72 Judgment........................................1...............3, 14 Jury...............................................9,13, 15, 40, 52, 72 Justice............................................................ 12, 14 Justices of the Peace................................31, 41, 46, 51, 52, 54 Knowledge to be encouraged.......................................... 17 Land..........................................................16, 55 Land Office.........................................................65 Larceny......................................................... 21 Laws of England, &c............................................9, 10 suspension of................................................. 11 preservation of................................................ 11 sanguinary.................................................... 12 retrospective................................................. 12 of attainder................................................. 12 imprisonment of freemen....................................... 13 martial..................................................14 holding two offices............................................ 15 oath of office.................................................. 16 against illegal voting........................................ 19 to be enforced by Governor.................................. 24 racommendations of Governor.................................. 6 94 IND EX. PAGE Laws, style of.......................................32 mode of enactment.............................................32 codification of............................................... 32 amendments of.............................................. 32 passage of......................... 33 statements about public money to be published with............ 34 when to take effect.......................................... 37 to create office of Attorney-General not to be passed...............37 to prohibit felons, &c., from voting.......................... 38 mode of attesting and recording.............3............. 38 to protect wife's property............................ *to...38 of exemption............................................39 to regulate Clerks' fees.............................. *0.....39 about master and slave.................................... 40 granting Charters to Banks...................................40 to take private property for public use..........................40 about corporations............................................. 41 contested elections................................. 41 about Justices of the Peace................................ 51 about Coroners, &c........................................ 53 voters may practice....................................... 57 State's Attorneys' fees..................... e.. e...e. 58 Lease.....1...............................................16.....i Legislature, trustees of the public..................................... 10 right of the people to participate in........................ 10 separation of departments of Government................... 11 alone to suspend laws................................... 11 freedom of speech in.................................... 11 Annapolis to be the place of meeting.................... 11 to be frequently convened................................. 11 right of petition........................................... 11 taxes not to be levied, except by........................... 11 to make laws about evidence....................13 may make laws about free colored population............ 13 alone to raise standing armies............................. 14 quartering soldiers....... b................. 14 address of, to remove Judges..... *...... 14 devises void, without leave of..................... 16 duties of................................................. 17 to pass laws against illegal voting...........................19 oath of members of....................................... 20 provisions about election of Governor..................... 22 to elect Governor, in case of death, &c.................... 23 provisions about vacancies in recess................ 24, 25 Governor not to appoint persons rejected by.................25 extra sessions of........................................ 26 recommendations from Governor.......26 Governor to report to, reasons for pardons.............. 26 to allow compensation to Counsel......................... 27 to consist of two branches.....................28 election and classification of Senators.................... 28, 29 I N D E X. 95 PAGE Legislature, apportionment of Delegates............................. 28 election of Delegates.................................... 29 time of meeting...................................... 30 time of adjournment..................................... 30 qualification of members..................................30 persons ineligible................................... 31 powers of each House............... -.31 quorum............................................... 31 sessions to be open............................ 31 journals to be published...................................32 special adjournments.....................................32 style of laws, and mode of enactment................... 32 commissioners for codification to be appointed.............. 32 either House may originate bills......................... 33 passage of bills.......................................... 33 appropriations of money to be made by law..........33 contingent fund...........................................33 statement of use of public moneys to be published........34 divorces not to be granted................................ 34 debts not to be contracted.................................34 credit of the State not to be granted.........................34 proceeds of internal improvement companies and State tax, to be used to pay public debt.............................. 34 may borrow fifty thousand dollars.......................... 35 may contract debts for defence of the State.............35 no extra compensation to be allowed.......................35 disqualification of members of..........................35 each House may imprison...............................35 exemption from arrest.................................... 35 freedom of debate.....................36 House of Delegates may inquire into grievances, send for persons and papers, &c....................................36 vacancies........................................ 36 compensation......................................... 37 books not to be purchased................................. 37 when laws to take effect................................... 37 may disfranchise certain persons..........................37 mode of attesting laws....................................38 defaulting collectors and duelists ineligible............38 Lotteries prohibited.......................................38 to pass laws about wife's property..........................38 to pass exemption laws.................................. 39 to adopt uniform rule for Clerks' charges....................39 impeachments........39 internal improvement companies...........................39 not to abolish relation of master and slave...................40 provision about Bank Charters............................40 private property taken for public use to be paid for........... 40 corporations to be formed under general laws................ 41 contested elections........................................41 usury.................................ie o.*. XX.41 96 IND E X. PA CE Legislature, address of, to remove Judges............................43, 46 to provide another Court..................................47 to fix compensation of Judges of Orphans' Courts......... 50 to fix number of Justices of Peace, their compensation, &c.... 51 Coroners, Elisors and Notaries............................ 53 to provide for keeping Chancery Records................... 54 contested elections for Judges, &c..........................57 reports of Comptroller................................... 60 reports of Commissioners of Public Works.................62 to elect State Librarian....................................66 provisions about County Commissioners.................... 66 provisions about Road Supervisors........................67 provisions about Surveyors. 67 provisions about W'reck-master............................68 New Counties............................................69 to pass laws about militia.................................70 to pass laws to carry out provisions of the Constitution......71 to regulate elections.......................................72 amendments to Constitution............................... 73 Liability...................... 0.............................. 36, 40, 72 Liberty........................ 9, 10,12, 13, 14, 15, 17 Librarian..................................6.........................66 Licenses....................................................... 49 Literature...................................................... 17 Lives.......................................................... 12, 13 Location...................................45, 69 Loss.............................................................. 61 Lot.......2....................................................... 63 Lotteries.......................................................38, 65 Lunatics.......................................................... 21 JMajority of each House to be a quorum................................31 of each House required to pass bills............................ 33 of House of Delegates to concur in impeachments......... 39 of votes to call Convention.............................73 JMfankin d...........................................................10 Manufactures........................................................ 17 Marines............................................................. 14 MIarylandt...................................................9, 1 0, 68, 69 Master and Slave.......................................40 Mayor of Baltimore................................................ 52 JMeants............................................................9, 10 Meetings of Legislature to be frequent............................... 11 of Legislature, extra.......................6........6 of Legislature, regular..................................... 30 of Court of Appeals......................................... 42 MIeeting-house....................................................... 16 Members of Houso of Delegates...............................2......... 28 of Senate................................................... 29 of Legislature..............................................30 of Legislature, persons ineligible... 31, 3S of Legislature, exempt from arrest........................ 35 INDEX. 97 PAGE MIembers of Legislature, compensation................................37 Members of Congress................................ 31 Mileage.............................................................37 Military.......,....................................14, 15, 24, 25, 70, 72 Mlinister?.....................................................15, 16, 31 Misbehavior, Judges removable for..............................14, 43, 46 Courts Martial.......................................... 25 Clerk of Court of Appeals.............................42 Clerks of Circuit Courts......................... 48 Register of WVills...................................... 50 State's Attorneys........................................57.Miscellaneous......................................................71 ~Money, penalties for giving, to procure votes.............. 19 not to be drawn from Treasury without appropriation............33 publication of receipts and expenditures........................34 debts not to be contracted by Legislature........................34 defaulting collectors ineligible.................................38 duties of Comptroller and Treasurer.........................60, 61 compensation of officers not to exceed three thousand dollars.....71 trial by Jury for all sums above five dollars.....................72 Monopolies..........................................................17 Morality........................................15 Municipal Corporations............................4...................40 Name...............................................0................20 N'avalforce..........................................................24 XNeglect......................................................20, 43, 50 Negroes........................................................13, 40.Newspaper...............i.................. *........................26.Nobility.........................................................17.Nolle Prosequi......................................................26 J.Nomination.................................................. 24, 25.Non C ompos...............................21.Non-resistance....................................................10 Notaries............................................................53 Notes............................................................. 40.Notice of application for pardon........................................26 of election for Senator or Delegate..........................36 of election of Commissioner of Land Office......................66 Nsumber of Senators and Delegates..................................28, 30 necessary to constitute quorum, &c...........................31 majority of votes necessary to pass laws.......................33 majority of House to concur in impeachments..................39 two-thirds of each House to concur in address to remove Judges. 43 of Justices of the Peace...................................51 of County Commissioners................................67 of population for New County...............................69 new election, when equal................................... 72 Oath, witnesses to be examined..................................... 13 of office.......................................................16 manner of administering........................................ 17 form of................... *................................. 20 13 98 I N-D E X. PAGE Oath, perjury.............................21 House of Delegates may inquire on.............................. 36 impeachments..................................................39 to report of entries in book of receipts of officers......... 71 Offence...........................................I..........25, 35, 36 Officer, Judges not to hold any other office........................ 14 no person to hold two offices............................. 15 oath,....................................................... 16 disqualification of Ministers, &c..............................16 provisions about removals of voters.......................... 18 bribery.................................................. 19 form of oath................ 20 peijury................................................. P21 military to be appointed by Governor............ 24 vacancies..............................25 persons rejected not to be appointed..................... 25 time of nomination.......................................... 25 term of office....................................... 25 removals........................... 26 Senators' term of office............................. 28 Delegates' term of office. a....................................29 qualification of Legislators....................................30 ineligibility................................................. 31 no extra compensation to be allowed..................35 disqualifications of Legislators to hold certain offices........... 35 powers of Legislature to send for persons and papers........... 36 vacancies in office of Legislator.............................. 36 compensation of Senators and Delegates................37 disfranchisement for perjury, &c.................... 38 defaulters ineligible......................................... 38 duelists ineligible............................................. 38 compensation of Clerks, &c., not to exceed twenty-five hundred dollars..........................4.,....................... 39 of Banks not to borrow money................................40 public commissioners..........................................44 offices of Chancellor and Register abolished..................... 54 returns of elections........................................ 56 new elections in cases of a tie, &c.............................57 qualifications of State's Attorneys.............................. 58 election, &c., of Comptroller and Treasurer..............59 sundry officers......................................... 62 Commissioners of Public Works..............................62 Commissioner of Lotteries.....................................64 Commissioner of Land Office..................................65 State Librarian................................................66 County Commissioners................................... 66 Road Supervisors.............................................67 Surveyors!..........................67 Wreck-master............................................... 68 Militia...................................................... 70 compensation of officers not to exceed three thousand dollars......71 INDEX. 99 PAGE QJIcer, continuation of certain persons in office.........................72 Opinion.........................................................42, 64 Oppression....................................................10, 11, 12 Order.....................................*......... 15 Orig in........................................................... 9, 33 Orphans' Courts..................................................50, 55 Outlawry.........................................................13 Pains............................................................. 12 Pardons...................................................... 21, 26, 38 Partiality......................................................... 20 Parsonage.........................................................16 Party, right of Jury trial.............................................52 affinity to Judge..............................................53 removal of cases...................................... 56 State cases in Court of Appeals, &c...........................59 Paupers.......................................................... 11 Payment................................................1 9, 60, 61 Peace....................................................... 14, 15, 44 Penalties, unusual not to be inflicted................................... 12 for bribery................................................ 19 for peljury................................................21 for disorderly conduct...................................... 31 for non-attendance..........................................31 against usury..............................................41 People, State's Rights............................................... 9 right of reform...............................................10 right of suffrage..............................................10 trial of facts where they arise.................................12 independency of Judges..................................... 14 rights retained............................................... 17 elections....................................................54 adoption of Constitution......................................73 amendments of Constitution...................................73 Perjury............................................ 21, 38 Perquisites.............................................15, 43, 46, 58, 59 Persuasion..................................................15, 16, 17 Petition......................................................11: 27, 55 Place for meeting of Legislature......................................11 of trial of facts.......................................... 12 search warrants.......................... 13 extra sessions of Legislature.......................26 of adjournment of Legislature...................................32 of meeting of Court of Appeals..................................42 of Offices of Treasurer and Comptroller........................60 of holding elections.............................................72 Plainti............................................... 46 Pleading......................................................... 33 Plurality...........................................................22 Police............................................................9, 52 Poll Tax...................................................11 Population............................................. O O * * ee28 100 I N D E X. PAGE Powers to alter or reform government............................... 9 persons invested with, trustees of public........................10 Legislative, Executive and Judicial to be separate................. 11 military..................................................... 14 long continuance in, dangerous.................................15 executive vested in Governor................................. 21 pardoning.................................................... 26 of Governor to employ counsel............................... 27 of each House of the Legislature..............................31 of House of Delegates........................................36 to disfranchise certain persons.................................37 judicial......................................................41 of Circuit Judges............................................45 of Clerks, &c...............................................49 of Judges of Orphans' Court................................50 of Commissioners of Public Works............................62 of Treasurer in case of a tie.................................. 64 of County Commissioners................................... 67 of Legislature to make laws to carry out Constitution............71 of Juries in Criminal Cases....................................72 Practice.............................................. 10), 15, 33, 57, 58 Preacher....................................................... 16, 31 Presents......................................................... 15, 19 Presentment........................................................56 President of Senate........................................ 24, 36 Press........................................................ 17 Prince.......................................................... 15 Printing...........................................................38 Privileges................................................ 13, 17, 35, 37 Proclamation.................................................... 30, 63 Profession......................................................15, 17 Profits............................................15, 16, 20, 31, 35, 38 Prohibition......................................................38 Promises........................................................ 19 Property derived under Charter of the State........................... 10 taxation......................................... 12 freemen not to be deprived of................................. 13 search warrants.......................................... 13 sales, &c. to Ministers, &c................................. 16 of wife to be protected.................................... 38 exemption laws.......................................... 39 taken for public use......................................40 Prosecution.......................................... 12, 36, 56 Protection.................................................. 15, 38 Publication of Journals of Legislature...............................32 of statement about public moneys.......................... 34 of notice of election.......................................36 of laws............................................38 of decisions of Court of Appeals......................... 42 Publicity......................................................... 31 Public Debt................. e................................34, 39, 61 I N D EX. 101 PAGE Public Wo rks.................................................... 62 Punishment, cruel and unusual, not to be inflicted............... 12...,1, 13 ex post facto laws........................................ 12 criminal prosecutions.................................. 13 of fleemen............................................ 13 witnesses and jurors belief in........................... 16 for bribery.......... 19 of disorderly members of Legislature............. 31 of other persons by Legislature.............. 35 of bank officers.......... 40 Purchase........................................................37, 61 Qtualifications for suffrage...............................,..11, 18, 21 oath of office......................................16, 20 of Governor......................................21, 22, 23 of Senators and Delegates............................30, 21 of Judges of Court of Appeals......................42, 43 of Judges of Circuit Courts..........................44, 45 of Judges of Baltimore Courts.......................47, 48 of Clerks of Courts.....................................48 of Judges of Orphans' Courts...........................50 of Register of Wills...................................50 of Justices of the Peace...............................51 of Sheriff..........................................52, 53 of Judges in cases of affinity, &c........................53 in cases of a tie and contested elections....................57 of lawyers...................................... 57 of State's Attorneys............... *..................57, 58 of Comptroller and Treasurer........................ 59, 60 of sundry officers...................................... 62 Quartering...... 14 Questions....... 32 Quorum.......................................................31 Rail Roads......................................................... 62 Rate..................................................41, 50, 62 Ratification.............................................54, 65, 69, 73 Reading of bills on three different days........................... 33 Reasons for pardons........................................ 27 Recommendations of Governor..................................... 26, 27 Receipts........................................................ 34, 60 Receivers........................................................38, 58 Recess..........................................................24, 25 Records of Secretary of State.........................................27 of Yeas and Nays........................................33 House of Delegates may call for...............................36 of laws of the State........................................ 38 Clerks to have custody of, &c........................... 49, 50 of Chancery Court............................................54 removal of cases........................................ 56 Redress... -.. *. *................. *....................... 10, 11 Reference................................................. 32 Reform......................................................... 9, 10 102 INDEX. PAGE Refusal............................................20, 24, 36, 37, 52 Regiments.........................................................70 Registers, compensation........................................... 39 election, &c..........................................50, 51, 54 in Chancery.......................................... 53, 54 cases of a tie, &c........................................... 57 of land office.............................................66 Regulation of internal police of the State.............................. 9 of the colored population................................. 13 about abolishing Chancery Court........................ *54 of jurisdiction in Chancery cases........................55 for removal of cases........................................ 55 of fiscal affairs by Comptroller........................... 60 Pejections....................................................... 25 Relations.............................................. 43, 53 Religion.................................................9, 15, 16, 17 Remnoval of Judges for misbehavior................................. 14 of voters...............................................18, 19 of Governor from the State.................................24 of military officers.................................2...... 25 of place of meeting of Legislature............................26 of Secretary of State............................... 27 of Senators and Delegates.................................. 36 of Clerk of Court of Appeals............................... 42 of Judges of Court of Appeals...............................43 of Judges of Circuit Courts..................................46 of Judges of Courts in Baltimore..........................47, 48 of Clerks of Circuit Courts,..................................48 of Register of Wills.....................................50, 51 of Sheriffs...............................................52 of Judges, &c...............5......... 55 of cases.................................................56 of State's Attorneys.....................................57, 58 of Surveyors.............................................68 of Wreck-masters.......................................68 Repeal..................................10, 32, 34, 41 Reports........................................ 32, 33, 42, 60, 61 Representation................28, 30, 69, 73 Reprieve..........................................................26 Residence of voters................................................ 8, 19 of Governor................................23, 27 of Senators and Delegates................... 30, 36 of Judges............................................43, 44, 45 of Sheriffs..............................................52, 53 of Defendants in Chancery cases.........................55 of State's Attorneys......................................58 of sundry officers..........................................62 Resignation of officers elected....................................21 of Governor, &c..................... 23, 24 of Senators and Delegates.....36, 37 of Judges, &c... 55 INDEX. 103 PAGE Resignation of Commissioners of Public Works.......................64 of Wreck-master........................................ 68 Returns of election for Governor......................................22 for Sheriff....................................... 53 for other officers.................................. 56, 57 for State's Attorneys....................58 for Commissioners of Public Works............. 63 for Commissioner of Land Office..................65, 66 to be regulated by Legislature...................... 72 Revenue........................................................36, 60 Rewards..................................................16, 19, 46, 58 Rights.................................. e.... 9, 10, 11, 12, 14, 15, 17, 72 Rivers..............................................................69 Roads..............................................................67 Rotation..........................................................15, 23 Rules........................................................31, 33, 55 Safety........................................................12, 15, 26 Salary-see Compensation. Sale...........................................................12, 16 Sciences............................................................17 Seal............38, 44, 54 Seal.................................................38,44, 54 Search............................................................ 13 Seat of Government.......................................11, 26, 27, 60 Second.............................................................38 Secrecy.......................................................... 31 Secretary of State................................................22, 27 Sect............................................................... 16 Security of liberty.................................................9, 10 trial of facts where they arise.............................12 independence of Judges.................................... 14 bribery.....................................................19 of wife's property.......................................... 38 Police of Baltimore City....................................52 to be given by sheriff.........................................53 Seizure............................................................. 3 Senate, oath of office................................................. 20 election of Governor.........................................22 vacancy in office of Governor...................................4 consent of, to appointments by Governor......... 25, 27, 55, 59, 64 70 may be Convened alone............................... 26 election of................................................... 28 classification.................................................. 29 qualifications.................................. *......... 30, 31 to keep Journal...............................................32 special adjournment...........................................32 disqualification..............................................35 no liability for words in debate................... 36 compensation.................................................37 ineligibility of defaulters and duelists............................38 impeachment..................................................39 consent of, to designation of Chief Justice.......................42 104 N D E Xo PAGE S entence....................................................25, 26 Separation.................................................11, 69 Servant.............................................................35 Service...............................................29, 35, 59, 64, 67 Sessions, election returns to, made to Legislature, at its commencement.....22 extra, of Legislature......................................... 26 apportionment of members of House of Delegates.............. 28 of Legislature, time of, determined.............................30 of Legislature to be open...................................31 of Legislature, special adjournment............................32 bills to be read on three different days.........................33 statement about public monies to be published..................34 exemption from arrest..................................... 35 per diem of Judges of Orphans' Court........................50 Legislature to fix number of Justices of the Peace, &c...........51 Chancery Court...........................................53, 54 appointment of Treasurer, &c.............................59, 60 reports of Treasurer........................................ 61 reports of Commissioners of Public Works................ 62 sense of the people, about calling a convention to amend Constitution.................................................... 73 Sheriffs.......................................................52, 66, 72 Sinking Fund..................................................... 34 Slave...................................................... 13, 40 Soldiers...........................................................14 Speaker of House of Delegates............................... 22, 24, 36 Speech............................................................ 11 State rights....... 9 charter......................i....................... 10 taxes.........................................................12 holding offices................................... 15 disturbing the peace.......................... 5 titles of Nobility..............................................17 Executive power of.............................. 21 divided into three Gubernatorial Districts.......................... 23 recommendations of Governor................................ 26 reforms in legal proceedings, &c............................. 33 appropriations of money.......................................33 credit of, not to be loaned..................................... 34 extra compensation not to be allowed............................35 jurisdiction of Courts, &c................................... 45, 46 elections......,...54, 57 removal of cases........... 56 cases in Court of Appeals, &c................................... 59 fiscal affairs of............................................. 60, 61 Public Works..............................................62, 63 Statemnents............................................... 34, 36, 60, 61 State's AJttorney-see Attorneys. State Librarian................................................... 66 State Treasere...............................................59, 64, 71 Statutes........................................................... 10 I N D E X 105 PAGE Stocks.......................................................39, 60, 62 Stockholders...................................................... 40, 62 Style of Legislature..................................................28 of Laws...........................32 of Commissions, Writs, Indictments, &c.........................44 of Courts................................................45, 46, 47 of Commissioners of Public Works..................62 Subordination......................................................14 Subscription.................................... 37 Succession........................................................16, 23 Successor of Justices of the Peace..................................... 51 of State's Attorneys...................................57, 58 of Comptroller and lTreasurer............................59, 60 of Lottery Commissioner.................................. 64 of State Librarian.......................................... 66 of officers in Howard County.............................. 69 of Governor and other officers............................. 72 Suffrage.....................................................10, 11, 18 Suggestion........................................................ 56 Suit...................................................36, 46, 55, 56, 71 Sum.....................................................33, 47, 66, 71 Superintendent....................................................60, 62 Superior Court.......................................... 46, 47, 48, 49, 50 Supervisors of Road................................................ 67 Support...................................................11, 12, 16, 60 Surveyors........................................................67, 68 Suspension....................................................... 11, 25 Swearing.......................................................... 21 System...........................................................39, 65 Taxes.....................................................11, 12, 34, 60 Teacher.............................................................16 Tenure......................................................14, 67, 72 Tenrm of Governor..................................................21 of officers appointed by Governor.................... 25 of Secretary of State.. 27 of Senators..................................... 28 of Delegates.................................................. 29 of Court of Appeals..........................................42' of Judges of Court of Appeals..................................43 of Circuit Court...............................................45 of Judges of Baltimore Courts.................................. 47 of Clerks of Baltimore Courts.................................. 48 of Registers of Wills...........................................50 of Justices of the Peace........................................51 of Judges, &c..................................................55 of Comptroller and Treasurer.................................... 59 of Commissioners of Public Works..............................63 of Lottery Commissioner........................................ 64 of Commissioner of Land Office.................................65 of State Librarian..............................................66 of County Commissioners..................................... 66 14 106 IND E X. PAGE, Term of Road Supervisors.......................................... 67 of Surveyors..................................................67 of Wreck-master..............................................68 of Adjutant General...........................................70 of civil officers......................................... 72 Test............................................................... 16 Ticket.............................................................66 Tie in election of Governor........................................22 in election of Senators and Delegates..............................36 in election of State's Attorney...................................58 in votes of Commissioners of Public Works......................64 in election of Commissioner of Land Office.........................66 new election, provided for........................................72 Time of altering Constitution.......................................9, 73 when English Statutes, &c., are applicable........................ 10 allowed criminals for defence.................................. 13 of election of Governor.........................................21 of qualification of Governor.....................................22 of election of Governor in case of vacancy........................23 of nomination of officers by Governor............................25 of apportionment of Members of House of Delegates....... 28 of election of Delegates.........................................29 of meetings of Legislature......................................30 of adjournment of Legislature....................................30 of special adjournments of Legislature...........................32 limited for passage of bills, &c...................................33 for payment of debts of the State.................................34 when laws take effect.......................................... 37 of meeting of Court of Appeals.................................42 of election of Judges of Orphans' Court..........................50 of election of Judges, Clerks, &c.................................54 of abolishing Lotteries........................................65 of elections....................................................72 Titles.......................................................... 17, 32 Tolls...............................................................62 Transfer......................................................39, 60, 61 Treason.........................................................12, 35 Treasurer......................................... 26, 59, 60, 61, 64, 65, 71 Treasury.....................................................33, 35, 38 Trials by Jury..............................................9, 13, 52, 72 of facts where they arise.......................................12 disqualification of Judges, &c...................................53 removals of.................................................56 Trust.................................................. 15, 16, 31, 38 Trustees............................................................ 10 Unanimity...............................................1...........13 Uniformity.........................................................39 United States.....................................15, 18, 23, 30, 31, 45, 73 Uprightness........................................................14 Uses......................................................10, 17, 34, 54 Usury............................................................. 41 INDEX. 107 PAGE Vacancy, in office of Governor........................................ 24 Governor to appoint in recess of Legislature...........25 in office of Senator or Delegate.............................36, 37 in office of Clerks..........................................48 in office of Register of Wills................................. 51 in office of Justice of the Peace.............................. 51 in office of Sheriff...........................................52 in office of Judge of Orphans' Court..........................55 in office of State's Attorney................................. 58 in Treasury Department...................................59 in office of Commissioner of Public Works...................... 64 in office of Surveyor........................................ 68 in office of Wreck-master...........................6........ 68 on account of failure to pay over monies....................... 71 Vested Righlts..................................................... 72 Virginia.......................................................... 69 Virtue............................................................. 17 Viva Voce...........................................................22 Volunteers..........................................................70 Voting, elective franchise determined................................ 18 bribery prohibited........................................... 19 illegal, to be punished.....................................19, 20 oath in regard to............................................ 20 disqualifications............................................ 2] for Governor................................................ 22 for Senators............................................... 28 for Delegates................................................ 29 ineligibility................................................. 31 Yeas and Nays..............................................32 to fill vacancies............................................... 37 for Judges of Circuit Courts..............................44, 47 for Clerks...,..............................................48 for Judges of Orphans' Court................................ 50 for Register of Wills......................................... 50 for Justices of the Peace.................................... 51 for:,Sheriffs.............................................52, 53 for officers under New Constitution.............................54 election returns........................................ 56, 72 in cases of a tie, &c..................................... 57, 72 for State's Attorneys......................................57 for Comptroller and Treasurer...............................59 for Commisssioners of Public Works....................... 62 for Lottery Commissioner................................. 64 for Commissioner of Land Office............................ 65 for State Librarian...................................... 66 for County Commissioners................................ 66 for Road Supervisors........................................67 for Surveyor...............................................67 for Wreck-master............................................68 for new county.............................................69 for adoption of Constitution.................................... 3 108 INDEX. PAGEC W a nts...................I.............51 Wards............................18, 19, 51 Warrants...............I.........13, 36, 37, 60, 61 wasrs.............................14 Western Shore.............................49 Wife................................ 38 Wills.................................39 Witnesses............................13, 15, 36 Words................................36 Worship............................15, 16 Worth................................12 Wreck-snaster.............................68 writs...............................44, 66 Yeas-see./yes. THiE following lists of ACTS OF THE, LEGISLATUR.E and DECISIONs OF THE COURT OF APPEALs are added for convenience of reference: 1852-ch. 12, 16, 17, 18, 20, 31, 34, 46, 48, 50, 51, 55, 56, 59, 62, 65,, 68, 73, 74, 75, 76, 82, 86, 95, 111, 113, 122, 123, 136, 1 39, 154,9 159, 169, 172, 173, 180, 183, 198, 214, 215, 219, 227, 231, 239, 247, 251, 263, 274, 290, 308, 312, 315, 323, 336, 341, 344, 351, 361. Ras. 14. 1853-Ch. 33, 36, 81, 82, 86, 102, 122, 123, 131, 133, 134,9 147, 173, 18 1, 198, 201, 220, 238, 239, 242, 243, 244, 245, 271, 280, 299, 300, 320, 333, 335, 343, 372, 385, 391, 403, 406, 409, 415, 425, 441, 444, 448, 451. 1854-Ch. 16,1 18, 19, 26, 81, 135, 149, 152, 183, 196, 225, 236, 302, 325. Res. 5. 1 Md. 139, 368.- 2 Md. 62, 274, 341, 429- 3 Md. 1 19.- 4 Md. 189.S Md. 337, 370, 423.-6 Md. 449, 468. MJIURPHY &' CO'S RECENT PUBLIC3.TIONS. W- Any of the following Books will be sent by mail, prepaid, on receipt of the price annexed. Jltst published, iln I vol. 8vo. cloth, $1; law sheep, $1 50, law sheep, interleaved, $'2. The INew Constitulion of the State of Maryland, Reported and Adopted by the Convention of Delegates, assembled at the City of Annapolis, November 4, 1850, and Submi-itted to and Ratified by the People on the First Wednesday of June, 1851. 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The Studies and Teaching of the Society of Jesus, at the time of its suppression, 1750-1775. Translated from the French of M. L'ABBE MAYNARD, Honorary Canon of Poitiers, Professor of Rhetoric at Pontleroy. This is a Hislorical Work, and unveils the real secret of so much enmity to the Jesuits. JIMURPHY 3; CO'S RECENT PUBLICdJTIOJVS. THE PEOPLE'S EDITIZON OF LINGARD'S ENGLAND, Jasst published in 1 vol. 8vo., cloth $2; library style $2 50. Lingard's History of England, abridged, with a continuation from 1688 to 1854.-By JAMES BURKE, Esq., Barrister at Law. With a Memoir of Dr. Lingard, and Marginal Notes, by M. J. KERNEY, A. M. Second Edition. Embellished with a fine steel Portrait of Dr. Lingard. This highly important work is comprised in a beautiful octavo volume of nearly 700 pages; it is printed and bound in the best manner, and may justly be considered one of the cheapest books published. We believe that it will be at once conceded, that at no period has it been of more importance than at the present to place before the American public a true and impartial history of England. No apology need therefore be made for the publication of an abridgment of Dr. Lingard's History of England, at a price that will at once place it within the reach of all classes. A School Edition of this work has been published in 1 vol. 12mo. price $1. LIBRRIRY EDITIONJVS OF FREDET'S UXJIVERS.AL HISTORIES. In 2 volumes 12nmo, cloth $2 50; library style, marbled edges, $3. Either voloume will be sold separately. Ancient History, from the Dispersion of the Sons of No., to the Battle of Actiunm, and change of the Roman Republic into an Empire. By PETER FREDET, D. D., Professor of History in St. Mary's College, Baltimore. Fifth edition, carefully revised and enlarged. Modern History, from the Coming of Christ and the change of the Roman Republic into an Empire, to the year of our Lord 1854. By PETER FREDET, D. D., Prof. of History in St. Mary's College, Baltimore. Eleventh enlarged and improved edition. These two volumes form a complete connection or continuous chain of historical events from the creation of the world to the year 1854. Recesntly published, in I volume, 12mo. 75 cents. Willitoft, or the Days of James the First. A Tale. By JAS. MCSHERRY, Esq., author of JMcSherry's History of MJaaryland. Recently published, in a neat 32tmo. volume, Embellished with a Jlap of the City and Views of the Prisncipal Public Buildings. Price 25 cenzts. The Stranger's Guide in Baltimore, showing the easiest and best mode of seeing all the Public Buildings and places of note in and around the City, and in the neighborhood; together with some brief observations on its Trade, Resources, Prosperity, Commercial Advantages and Future Prospects. By a BALTIMOREAN. Second Enlarged Edition, in a neat 32smso. vol., fancy paper, gilt 25 cents; cloth 38 cesnts; cloth, gilt edges, 50 cents. Etiquette at Washington, together with the Customs adopted by Polite Society in the United States. To which is added an Appendix, containing a Description of the Public Buildings, and some of the Principal Objects of interest to a Stranger visiting Washington. The public favor with which this little work has been received, and the rapidity with which the first edition sold, has induced the Publishers to enlarge and improve the present to nearly double the size of the former edition. American Etiquette, being a complete guide for Ladies and Gentlemen, in their intercourse with society, containing the most complete modes and customs in use in the United States.................... 32mo. cloth, 25... cloth, gilt edges, 38 The Present Political Condition and Prospects of Spain. A Lecture delivered before the Maryland Institute for the Promotion of the Mechanic Arts, by S. TEACKLE WALLIS, Esq.,.......... paper 13 Washington's Fawrewell Address to the People of the United States, September, 1796. Embellished with a neat and appropriate Border. Printed in three colors, on a sheet 20x24 inches, suitable for Framing. Price 12l cents. A copy of this Address ought to have a conspicuous place in every School-room in the United States, as well as in the Counting-room and Office of every lover of the Father of his Country, TIVashington, the Model of Characterfor American Youth.... paper 13 Pope's Essay on Man....................................... 32mo. cloth 13 A New Series of ORIGINAL TALES, ThRANSLATIONS AND REPRINTS OF POPULAR WTORKS..N'eat, Cheap, and. Attractive Volumes for Home, Railwayi or Steambont Travelling;./lso, for Presents, Premiums, 3;c. The object contemplated by TIE AMUSING LIBRARY is to provide a choice supply of Books of Light Reading, entirely free from objectionable matter, and which may be indiscriminately used by young anld old. In the selection, great pains will be taken to admit no Work that is not in every resmect adapted for the perusal of all who desire a sound ard healthy inainative lilerature,freeJfrom every thinL7 immor-al on the one hand, or controversial on the other. The volumes while issued at a I,ice which bring them within the reach of all, yet possess sufficient attractions of typography and embellishment to fit them tor the drawing-room table and for presents. It is proposed to coma)rise a choice selection of the best of the imaginative writings of various countries. With original tales and reprints of home authors will be united the best fictions of other lands,Belgian, French, German, Spanislh, Italian, &c.; and as the scenes will be laid in different counitries and at different periods, lhe volumes will not only furnish amusing reading, but will likewise convey, especially to the youthful reader, much historical and other iniformation. In pursuance of this idea, the Editors have mnuch mratificatiol in annouineirn that they have made an arrangeiment with the distinguished Belgian Novelist, M. Henri Conscience, by which they will be enabled to include in their Library an authorized edition of all his works. They are also in communication with several other foreign authors of distinction, whose wi)rks will be speedily announced. Just published in a neat vol. dermi 8vo.; price in Extra Cloth, gilt baclks, 75 cents; in Cloth, gilt edges and sides, $1. THE CURSE OF THE VILLAGE, and THE HAPPINESS OF BEING RICH. Two Tales in one volume, Embellished with a very neat Frontispiece. F~roin thle Orig-inal Eilelish of HE7N:DRIK CONSCIENCE. The Londoan.thenaeumn in noticing this voluiie, says:-' These two tales by the favorite popular novelist of Belginum will do his reputationll no dis-service. The first may be called a temperance story, such as would deliglht the heart of iMr. Gough or Mr. Cruilkshanrik.' The London Weekly Tinmes says: —"The first of these tales is a vigorous description of the evils of drunkenness, and the whole story is touching in the extrerme." Just Published, uniform with the above, THE LION OF FLANDERS; or, The Battle of the Golden Spurs. A Historical Romance of the Glorious Lays of Flanders. The Revue des deux Alondes, says: —"'his romance displays a talent full of vigor and skill. The picture, especially, witll which it closes, is a masterpiece of art arid power.;' The ChuLrch of Enolland Qua7terly, says:-"1 The Lion of FlandEers at once stamped its writer as a man of miark. Having once taken up a volumie of this stirring narrative, we found the greatest difficulty in laying it lown; indeed, since the puilication of the Waverly Novels, we have never been so absorbed by any work of fiction." Just published, uniform with the above, VEVA; OR, TRE WAR OF THE PEASANTS. A Historical Tale of the Eighteenth Century. With a Frontispiece and Vignette. This beautiful tale preserves the memory of the grand though unavailing struggle of the Flemings to uphold their religion and liberties ag;dinst the arimies of the French Republic, and thius ranks vwith those narratives which recount the ilmmlortal (deeds of the Vendeanis and the Chol ans.'Ihe Author throws himself' anmidst the events he relates with characteristic impetuosity, aiid has lavished on the story all the power and grace of his vivid and picturesque style. It is in part a love-story, and more of a historical romance, in the English sense of the word, than most of the author's works; yet it is nevertheless scrupuliosly accurate in statement, and never in any way violates historical truth. The Hastings News says:-" The'War of the Peasants' portrays the inimitable self-devotion of the patriots who sotught vainly to stay the march of French armies into Belgium. It is a bhook Ihat stirs our feelings ainsl warlis our blood; but the emotions it awakens are generous, and the fire enkindled is that holy fire of patriotism, which God forbid should ever become extinct in any lard." The Soirdes, utxelloises says: — VWVhatever may be the value of the romances published this year, there is not one or them which comes near tile'War of the Peasants' of M. Hendrilk Conscience. Every where the reader is under the influence of a powerful fascination, and his interest is niost vividly excited." NEARLY READY, uniform with the above, TALES OF OLD FLANDERS: Count Hugo of Craenhove; Wooden Clara. The Revue des Deux Mondes says:-" Nothing can be more admirable than the picture which this lege nd of Old Flanders presents. The poetry of its details, the delicacy of its sentiments, and the melancholy grace which pervades it, lend it a charm which is irresistible." THE 1IISER; RICKETICKETACK. " The success of Conscience's writings is a blessing and a boon. It is matter of congratulation that every one reads, and wishes to read again, these boks sr, tentder, so gentle, so simple, so familiar anid touching, chosen friends and companions of every honest heart and of every cultivated lind. We have nauch to learn fiom him in concealed but most real art, in delicacy of touch, in gi'nuineness of einotion, in native gracefulness, in the secret of that refined proportion and perspective which talent alone cannot teach,-which may be manifested in thirty pages, and which orie may strive after in vain through a hundred voluInes."5 MI. de Pontmhartin (" Causeries Litterairs.") MURPHY & CO., PUBLISHER S, &C., 178 Market Stretcc Baltimore.