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TH E 
 
 CONSTITUTION 
 
 OF THE 
 
 STATE OF MARYLAND 
 
 FOUMET) AND ADOPTED BY THE CONVENTION WHICn ASSEMBLED AT THE ClTY 
 
 OF Annapolis, May 8, 18G7, and Submitted to and Eatified 
 p.Y THE People on the 18th Day of September, 1867. 
 
 Marginal J^otes and References, 
 
 To Ads oftlic General Assembly and Decisions of the Court of Appeals, 
 And an Aptexdix and Index. 
 
 By EDWARD OTIS IITNKLEY, Esq., of ihe. Baltimore Bar. 
 
 IJrinleil bij oriter I^^^^ffl/ of Ik f^onrenfion. 
 
 ANNAPOLIS: 
 ^^^ I L L T A M T II O ^r P S O N , OF R . 
 
 S r ATE Print e r . 
 
 1 8 fi 8 . 
 
THE 
 
 CONSTITUTION 
 
 OF THE 
 
 STATE OF MARYLAND 
 
 Formed and Adopted by the Convention which Assembled at the City 
 
 OF Annapolis, May 8, 1867, and Submitted to and Ratified 
 
 BY THE People on the 18th Day of September, 1867. 
 
 with 
 
 Marginal Notes and References, 
 
 To Acts of the General Assembly and Decisions of the Court of Appeals, 
 And an Appendix and Index. 
 
 By EDWARD OTIS HINKLEY, Esq., of ihe Baltimore Bar. 
 
 mxxiid bg 
 
 order rSSI^S^ h of {\\t nmmxMx. 
 
 ANNAPOLIS: 
 William Thompson, of E. 
 
 State Printer. 
 1868. 
 
.4^ 
 
 Maryland, Set: 
 
 I, George Earle, Clerk of the Court of Appeals of Maryland, 
 do hereby certify, that the annexed is a correct copy of the Con- 
 stitution of Maryland, deposited in the Clerk's Oifice of said Court, 
 on the seventeenth day of August, in the year of our Lord one 
 thousand eight hundred and sixty-seven. 
 
 ^u SSitness fcobereof, / hereunto set my name as 
 Clerk, and affix the seal of the said Court 
 of Appeals of Maryland on this Twenty-first 
 day of October, eighteen hundred and sixty- 
 seven. GEORGE EARLE, Clerk 
 
 of the Court of Appeals of Maryland. 
 
 Entered, according to the Act of Congreps, in tlie 
 year 1867, by J o h n M o r p h y. in the Clerk's 
 Office of the District Court of Maryland. 
 
PREFACE. 
 
 This Edition of the Declaration of Rights and Constitution of 
 Maryland has been prepared in pursuance of an order of the Conven- 
 tion. Great pains have been taken both by the Editor and the 
 Publishers to make it as perfect as possible. 
 
 Lists of the Members of the Convention and of its several 
 Committees, and the Proclamations of the Governor convening the 
 Convention, and declaring the adoption of the Constitution by the 
 People have been prefixed. 
 
 Notes have been placed on the margin indicating the contents, 
 also notes referring to some of the Acts of Assembly passed since 
 1851 in pursuance of, or having reference to the Constitutions of 
 1851 and 1864, and to the Decisions of the Court of Appeals from 
 the foundation of the Government of the State to this date. 
 
 A brief commentary is appended shewing the principal changes 
 in the Form of Government of the State, made by the several 
 Constitutions of 1851, 1864 and 1867. 
 
 The Index at the end of the work is very full, giving reference 
 to every important word, and the number of the Article, Section 
 and Page wherein it may be found, — and to accomplish this the 
 same matter has been indexed under three or four heads. 
 
 It is to be noted that some clerical errors occur in the engrossed 
 document on file in the office of the Clerk of the Court of Appeals, — 
 and the proof having been read by him, so as to make this work as 
 exact as possible, these errors are noted thus : On page 28 the word 
 [of] having been repeated, is placed in brackets in Roman type, 
 and the letter [d] on same page is printed in same way, and on 
 pages 40 and 115, the word [6e] having been omitted, is added and 
 placed in brackets. The word removal at bottom of page 102, 
 is in the engrossed document, it seems to be an error for renewal. 
 
 The Publishers have by these additions, as well as by great care ia 
 the typography, endeavored to render this edition as accurate as 
 possible. They hope that the Notes, Index, «&c., as well as the 
 style in which it is produced will be acceptable to all. 
 
 225800 3 
 
PROCEEDINGS 
 
 A PROCLAMATION 
 By the Governor of Maryland. 
 
 State of Maryland, Executive Department. 
 
 Whereai^, By an Act of the General Assembly of Maryland, passed 
 at January session, 1867, entitled "An Act to provide for taking the 
 sense of the people of this State on the call of a Convention to form 
 a new Constitution and Form of Government, and for assembling the 
 members thereof," it was enacted that an election should be held as 
 provided by said Act to take the sense of the people on the question 
 of the call of the Convention, and to elect delegates thereto in case 
 said call was sustained by a majority of the votes cast; 
 
 And Whereas, It is. by said Act made the duty of the Governor to 
 count and cast up the number of ballots cast at said election for and 
 against a Convention, and the blank ballots cast, and the ballots cast 
 for delegates to said Convention, and if it should thereupon appear 
 that more votes had been cast in favor of the call of a Convention 
 than against such call, to issue his proclamation declaring the persons 
 having the majority in the several counties and in the city of Baltimore, 
 respectively, to be elected to said Convention, and for the assembling 
 of the members thereof; 
 
 And Whereas, The returns of said election have been received from 
 the city of Baltimore and the several counties of the State, and upon 
 counting and casting up the ballots which, according to said returns, 
 were cast at the election held for said purpose on the 10th day of 
 April instant, it appears that the whole number of votes cast was 
 58,718, of which 34,534 were for a Convention, and 24,136 against a 
 Convention, and 48 blank ballots ; and it therefore appearing that 
 4 
 
Proceedings. 5 
 
 more votes have been cast in favor of the call of a Convention than 
 against the call of a Convention — 
 
 Now, Therefore, I, Thomas Swann, Governor of the State of 
 Maryland, in obedience to the requirements of the Act of Assembly 
 aforesaid, do by this my proclamation declare and make known that 
 the persons having the majority in the several counties and the city 
 of Baltimore, respectively, have been duly elected delegates to said 
 Convention, and that the Convention authorized by said Act will be 
 held in the city of Annapolis, on the Second Wednesday of May 
 next, being the eighth day of said month, where the said delegates 
 will, on that day, assemble to enter upon the discharge of the duties 
 prescribed by the Act aforesaid. 
 
 Given under my hand and the Great Seal of 
 the State of Maryland, at the city of Anna- 
 polis, this twentieth day of April, in the year 
 of our Lord eighteen hundred and sixty- 
 
 seven 
 
 THOMAS SWANN. 
 
 By the Governor : 
 
 John M. Carter, Secretary of State, 
 
 In conformity with the aforegoing Proclamation, and in obedience 
 to the requirements of the Act of Assembly, the title of which is therein 
 mentioned, the Convention assembled at 12 o'clock, M , on Wednesday 
 the 8th day of May, in the year one thousand eight hundred and sixty- 
 seven, in the Hall of the House of Delegates, in the city of Annapolis, 
 
 All the delegates elect appearing to be present, except Messrs. 
 Thomas I. Hall, of Anne Arundel county, Anthony Kennedy, of Balti- 
 more county, John W. Bennett, of Carroll county, Vivian Brent and 
 John T. Stoddert, of Charles county, James Wallace, of Dorchester 
 county, Henry D. Farnandis, of Harford county, William M. Merrick, 
 of Howard county, and John B. Brooke and Elbert G. Emack, of 
 Prince George's county. 
 
 On motion, by Mr. Isaac D. Jones, 
 
 Mr. John F, Dent was appointed temporary President ; and Mr. 
 James R. Howison, temporary Secretary. 
 On motion, by Mr. Jones, it was 
 
 Ordered, That the Proceedings of the Convention be opened by 
 prayer, and that the Rev. Mr. Leech, who is now present; be requested 
 to officiate ; whereupon, 
 
 The Rev. Mr. Leech offered a prayer. 
 
6 Proceedings. 
 
 Mr. Charles S. Parran, submitted the following order : 
 
 Which was agreed to. 
 
 Ordered, That a Committee of five be appointed by the Chair to 
 inform the Governor that the Convention to frame a new Constitution 
 for the State of Maryland, has assembled in the Hall of the House of 
 Delegates, in accordance with the Act of the General Assembly, and 
 his Proclamation relating thereto, and has temporarily organized by 
 electing a Chairman and Secretary, and that the Convention desires to 
 have a list of names of the Delegates who are shown by the returns 
 made to him, to have been duly elected members of the Convention ; 
 whereupon, 
 
 Messrs. Charles S. Parran, of Calvert, Isaac D. Jones, of 
 Somerset, Philip H. Roman, of Allegany, Bernard Carter, of Bal- 
 timore city, and J. K. Longwell, of Carroll, are appointed the said 
 committee. 
 
 The Committee retired, and on returning, reported that they had 
 called on the Governor, as directed by the order of the Convention, 
 and that the Governor would communicate the information desired 
 forthwith. 
 
 On motion, by Mr. Jones, 
 
 To adjourn until to-morrow, at 12 o'clock, 
 
 It was determined in the negative. 
 
 The following message was received from the Governor, by Mr. 
 Leary, his Secretary : 
 
 Executive Department, 
 Annapolis, May 8, 1867. 
 To the Convention : 
 
 Gentlemen: — In accordance with the application of your 
 Honorable Body through the Committee appoiated to confer with 
 me, I transmit herewith a list of the members elected under the Act 
 entitled "An Act to provide for taking the sense of the people of this 
 State on the call of a Convention, to form a new Constitution and 
 Form of Government, and for assembling the members thereof," passed 
 at the late January session of the General Assembly of Maryland: and 
 I also hand you the Proclamation of the Governor issued in accordance 
 with the provisions of the said Act. 
 
 The oflBeial returns from the several counties and the city of Balti- 
 more are on file in this office, subject to the use of the Convention. 
 I have the honor to be, with great respect, 
 
 Your obedient servant, 
 
 THOMAS SWANN. 
 
Members of the Convention. 
 
 Allegany County. 
 THOMAS PERRY, 
 ALFRED SPATES, 
 WILLIAM AVALSH, 
 J. PHILIP ROMAN, 
 JACOB HOBLITZELL, 
 THOMAS J. McKAIG. 
 
 Anne Arundel County. 
 JAMES R. HOWISON, 
 THOMAS I. HALL, 
 E. G. KILBOURN, 
 LUTHER BIDDINGS. 
 
 Baltimore County. 
 CHAS. A. BUCHANAN, 
 JOHN WETHER ED, 
 EPHRAIM BELL, 
 ANTHONY KENNEDY, 
 SAMUEL W. STARR, 
 CHARLES H. NICOLAI, 
 ROBERT C. BARRY. 
 
 Calvert County. 
 JOHN PARRAN, 
 CHARLES S. PARRAN, 
 JOHN F. IRELAND. 
 
 Baltimore City — \s,t Legislative Dist. 
 LINDSAY H. RENNOLDS, 
 EZRA WHITMAN, 
 JOHN H. BARNES, 
 ISAAC S. GEORGE, 
 JOSHUA VANSANT, 
 EDWARD F. FLAHERTY, 
 JAMES A. HENDERSON. 
 
 Baltimore City — 2d Legislative Dist. 
 GEORGE M. GILL, 
 GEORGE WM. BllOWN, 
 BERNARD CARTER, 
 ALBERT RITCHIE, 
 HENRY F. GAKEY, 
 GEORGE W. DOBBIN, 
 J. HALL PLEASANTS. 
 
 Baltimore City — Zd Legislative Dist. 
 JAMES R. BREWER, 
 JOHN FERRY, 
 J. MONTGOMERY PETERS, 
 JOHN FRANCE, 
 JOS. P. MERRYMAN, 
 I. M. DEN SON, 
 WALTER S. WILKINSON. 
 
 Caroline County. 
 R. E. HARDCASTLE, 
 CHAS. E. TARR, 
 TILGHMAN H. HUBBARD, 
 W. H. WATKINS. 
 
 Carroll County. 
 JOHN K. LONGWELL, 
 GEORGE W. MANRO, 
 STERLING GALT, 
 BENJ. W. BENNETT, 
 THOS. F. COVER, 
 WM. N. HAYDEN. 
 
 Cecil County. 
 BENJ. B. CHAMBERS, 
 GEORGE R. HOWARD, 
 JAMES B. GROOM E, 
 
 JAMES o. Mccormick, 
 
 ELI COSGROVE. 
 
 Charles County. 
 WALTER MITCHELL, 
 VIVIAN BRENT, 
 JOHN T. STODDERT. 
 
8 
 
 Members of the Coxyention. 
 
 Dorchester County. 
 JAMES WALLACE, 
 WM. T. GOLDSBOROUGH, 
 GEOKGE E. AUSTIN, 
 LEVIN HODSON. 
 
 ■Queen Amie's County^ 
 RICHARD B. CARMICHAEL, 
 THOMAS J KEATING, 
 WASHINGTON FINLEY, 
 STEPHEN J. BRADLEY. 
 
 Frederick County. 
 WILLIAM P. MAULSBY, 
 FREDERICK J. NELSON, 
 HARRY W. DORSEY, 
 OUTERBRIDGE HORSEY, 
 WILLIAM S. McPHERSON, 
 JOHN B. THOMAS, 
 DEWITT C. JOHNSON. 
 
 Harford County. 
 HENRY D. FARNANDIS, 
 HENRY W. ARCHl!^, 
 JOHN EVANS, 
 EVANS S. ROGERS. 
 HENRY A. SILVER- 
 
 Howard County. 
 WM. M. MERRICK, 
 JAMES MACKUBIN, 
 HENRY O. DEVRIES, 
 JAMES MORRIS. 
 
 Saint Mary's Cr.v.tii'p 
 ROBERT FORD, 
 JOHN F. DENT, 
 BAKER A. JAMISON. 
 
 Somerset County. 
 PURNELL TOADVINE, 
 THOMAS F. J. RIDER, 
 JAMES L. HORSEY, 
 ISAAC D. JONES, 
 HENRY PAGE. 
 
 Talbot County. 
 WILLIAM GOLDSBOROUGH, 
 RICHARD C. HOLLYDAY, 
 HENRY E. BATE MAN, 
 ORMO D HAMMOND. 
 
 Kent County. 
 JOSEPH A. WICKES, 
 RICHARD W. RINGGOLD. 
 C. H. B. MASSEY, 
 WM. JANVIER. 
 
 Montgomery County. 
 GREEN BURY M. WATKINS, 
 NICHOLAS BREWER, 
 SAMUEL RIGGS, of R., 
 WASHINGTON DUVALL. 
 
 Prince George's County. 
 JOHN F. LEE, 
 JOHN, B. BROOKE, 
 FEN DALE MARBURY, 
 ELBERT G. EMACK. 
 
 Washington Cownty. 
 ANDREW K. SYESTER, 
 RICHARD H. ALVEY, 
 JOSEPH MURRAY, 
 S. S. CUNNINGHAM, 
 WM. M OTTER, 
 GEO. POLE. 
 
 Worcester County. 
 J. HOPKINS TARR, 
 LITTLETON P. FRANKLIN, 
 THOMAS P. PARKER, 
 SAMUEL S. McM ASTER, 
 GEORGE W. COVINGTON. 
 
Officers of the Convention. 
 
 President IIox. RICHARD B. CARMICHAEL, of Queen Anne's County. 
 
 Secretary Milton Y. Kidd, of Cecil County. 
 
 Assktant Secretary ...Thom.ks H. Moore, of Baltimore County. 
 
 Cleik of Rnn'ftion 
 and CompUation, 
 
 Sci-rjeant-at-A rvis. 
 
 Committee Clerks.. 
 
 [■Joseph H. Nicholson, of Anne Arundel County. 
 
 ..Charles G. Griffith, of Baltimore City. 
 
 ..John V. Posey, of St. Mary's Co. Stephen P. Toadvine, of Somerset Co. 
 N. T. Meginnis, of Kent Co., and John H. Woodward, of Baltimore City. 
 
 Door Keepers John Haoan, of Frederick Co. Henry Dryden, of Worcester Co. 
 
 Poatmaster J. E. Bateman, of Harford County 
 
 Standing Committees. 
 
 Committee to Consider and Report upon the Declaration of Rights. 
 
 Messrs. Jones, Buchanan, Austin, Brooke, 
 
 Perry, Ireland, Rodgers, Bradley, 
 
 Hall, Ilardcastle, Morris, Jamison, 
 
 George, Manro, Nt-lson, HHiniuoud, 
 
 Carter, Howard, Riniigold, Sycster, 
 
 Peters, Stoddert, Brewer, of Mont'y, Parker. 
 
 Messrs. Stoddert, 
 Perry, 
 Hall, 
 
 Messrs. Dent, 
 
 McKaig, 
 Brown, 
 
 Messrs. Dobbin, 
 Walsh, 
 Howison, 
 Gill. 
 Ritchie, 
 Barry, 
 
 Committee upon the Executive Department. 
 
 Vansant, Wallaf'e, 
 
 Wethered, Maulsby, 
 
 Bennett, Tarr, of Worceeter. 
 
 Committee upon the Legislative Department. 
 
 Gill, Howard, 
 
 Kennedy, Farnaudis, 
 
 Hayden, Page. 
 
 Committee tipoii the Judiciary Department. 
 
 Parran, C. S., 
 T.irr, of Caroline, 
 Groom e, 
 Hayden, 
 Brent, 
 Wallace, 
 
 Maulsby, 
 
 Arciier, 
 
 Mackubin, 
 
 Wickes, 
 
 Watkihs, of Mont'y, 
 
 Marbury, 
 
 Keating, 
 
 Ford, 
 
 Pnge, 
 
 Hollyday, 
 
 Hotter, 
 
 Covington. 
 
 Messrs. Barry, 
 
 Rennolds, 
 
 Garey, 
 
 Messrs. Hollyday, 
 Ferry, 
 Starr, 
 
 Committee upon the Attorney -General and State's Attorneys. 
 
 Ta rr, of Worcester, 
 Ford, 
 
 Groom e, 
 Evans, 
 
 Ringgold, 
 
 Archer. 
 
 Committee upon the Treasury Department. 
 
 Bradley, Dorsey, 
 
 Franklin, Massey, 
 
 Chambers, Emack. 
 
10 
 
 Standing Committees. 
 
 CommiUee upon the Elective Franchise and the Quaiijication of Voters. 
 
 Messrs. Wickes, Merryman, Bateman, 
 
 Hoblitzell, "Wethered, Ford, 
 
 Garey, Duvall, Syester. 
 
 Committee Respecting the Militia and Military Affairs. 
 
 Messrs. Lee. Wafkins, 
 
 Giildings, Wallace, 
 
 Ferry, Mackubin, 
 
 Toadvine, 
 
 Pole. 
 
 Mc Master. 
 
 Committee upon Education. 
 
 Messrs. 
 
 Farnandis, 
 
 MoKaiw, 
 
 Kilbourn, 
 
 Vansant, 
 
 Pleasants, 
 
 "Wilkinson, 
 
 Bell, 
 
 Parran. Chas. S., 
 
 Tarr, of Caroline, 
 
 C<iver, 
 
 McCormick, 
 
 Brent, 
 
 Goldsborough, of Dor., Keating, 
 Johnson, Jamison, 
 
 Devries, Eider, 
 
 Massey, Bateman, 
 
 Duvall, Murray, 
 
 Brooke, Franklin. 
 
 Committee upon a Proper Basis of Representation in the tioo Houses of the Gene- 
 ral Assembly, and a Proper Apportionment of Representatives in the Same. 
 
 Messrs. Alvey, 
 Roman, 
 Giddings, 
 Barnes, 
 Brown, 
 Denson, 
 
 Kennedy. 
 
 Parran. John, 
 
 Hubbard, 
 
 Longvvell, 
 
 Cosgrove, 
 
 Mitchell, 
 
 Hodson, Lee, 
 
 Horsey, of Frederick, Finley, 
 
 Evi 
 
 Mackubin, 
 
 Janvier, 
 
 Riggs, 
 
 Dent, 
 Toadvine, 
 Goldsborough, of 
 McMaster. [Tal. 
 
 Committee Respecting Future Amendments to the Constitution. 
 
 Messrs. Maulsby, 
 Flaherty, 
 Franck, 
 
 Buchanan, 
 
 Archer, 
 
 Chambers, 
 
 McPherson, 
 "Watkins, of Mon'y, 
 Emack. 
 
 Comm-iiiee Respecting the Appointment, Tenure of Office, Duties and Compensation 
 of all Civil Officers not Embraced in the Duties of Other Standing Committees. 
 
 Messrs. Roman, 
 Carter, 
 Barry, 
 
 Messrs. Howison, 
 Spates, 
 "Whitman, 
 
 Messrs. Longwell, 
 Henderson, 
 Starr, 
 
 Mitchell, 
 
 Austin, 
 
 McPherson, 
 
 Committee upon Accounts. 
 
 Hubbard, 
 
 Chambers, 
 
 Janvier, 
 
 Committee upon Printing. 
 
 Brewer, of Baltimore city, 
 
 Thomas, 
 
 Silver, 
 
 Mackubin, 
 
 Lee, 
 
 Cunningham. 
 
 Dorsey, 
 
 Riggs", 
 Silver 
 
 Dent, 
 
 Motter, 
 
 Horsey, of Somerset 
 
 Committee upon Public Works and Corporations. 
 
 Messrs. Barnes, Gait, Goldsborough, of Dor., 
 
 Spates, Horsey, of Frederick, Marbury, 
 
 Nicolai, Farnandis, McMaster. 
 
 Committee on all such Parts of the Constitution as were not Referred to any other 
 
 Committee. 
 Messrs. Carter, Archer, Mitchell, Maulsby, Jones. 
 
 Committee on Revision and Compilaiio7i. 
 Messrs. Lee, Carter, Farnandis, Mackubin, Wickes- 
 
Pboclamation by the Governor. 
 
 State of Maryland, 
 
 , Execulioe DeparimenL 
 
 Whereas, By an Act of the General Assembly of Maryland, passed 
 at January Session, eighteen hundred and sixty-seven, entitled " An 
 Act to provide for taking the sense of the people of this State on 
 the call of a Convention to frame a new Constitution and form of 
 Government, and for assembling the members thereof," it is provided 
 "that the Constitution and form of Government adopted by said 
 Convention shall be submitted to the legal and qualified voters of the 
 State for their adoption or rejection, at such time, in such manner, 
 and subject to such regulations as the said Convention may prescribe." 
 
 And Whereas, It is further provided by said act "that the 
 Governor shall receive the returns of the number of votes cast in 
 this State for the lidoption or rejection of the Constitution submitted 
 by the Convention to the people of this State, as aforesaid, and upon 
 counting and casting up the returns made to him, as hereinbefore 
 prescribed, if it shall appear that a majority of the votes cast at the 
 said election have been cast in favor of the adoption of the said 
 Constitution, he shall issue his proclamation to the people of the 
 State declaring the fact, and shall take such measures as shall be 
 required by said Constitution to carry the same into effect, and to 
 supersede the existing Constitution." 
 
 And Whereas, In pursuance of the said Act, and of a vote of a 
 majority of the people of the State taken in conformity to its provisions, 
 and in favor of the assembling .of said Convention, that body did 
 convene at the City of Annapolis on the day appointed by said act, 
 and did on the seventeenth day of August last adopt a new Constitution 
 and form of government, and did therein direct that the same should 
 be submitted to the people of the State for their adoption or rejection, 
 at an election to be held in the city of Baltimore and the various 
 counties for that purpose, on the eighteenth day of September instant. 
 
 And Whereas, By said Constitution it is further provided that " the 
 Governor, upon receiving the returns, and ascertaining the aggregate 
 vote throughout the State, shall by his proclamation, make known the 
 
 11 
 
12 Proclamation by the Governoii. 
 
 same, and if a majority of the votes cast shall be for the adoption of 
 this Constitution, it shall go into effect on Saturday, the fifth day of 
 October, eighteen hundred and sixty-seven." 
 
 And Whereas, The returns of said election so held on *he eighteenth 
 day of September instant have been duly certified to me by the 
 Judges of Election, and upon counting and casting up the same it 
 doth appear that there were forty-seven thousand one hundred and 
 fifiy-two (47,152) ballots for the Constitution, and twenty-three 
 thousand and thirty-six (23,036) ballots against the Constitution, 
 and that there were twenty-seven blank ballots ; and there being 
 therefore of the aggregate vote so cast a majority in favor of the 
 adoption of said Constitution — 
 
 Now, therefore, I, Thomas Swann, Governor of the State or 
 Maryland, in pursuance of the authority so vested in me by the said 
 act of Assembly and the Constitution aforesaid, do, by this my 
 proclamation, declare and make known that the said Constitution 
 and form of government so framed and adopted by the Convention 
 aforesaid has been adopted by a majority of the voters of this State, 
 and that in pursuance of the provision therein contained, the same 
 will go into effect as the proper Constitution and form of government 
 of the State, superseding the one now existing, on Saturday, the fifth 
 day of October next. 
 
 Given under my hand and the Great Seal of the 
 State of Maryland, at the city of Annapolis, 
 this twenty-seventh day of September, in the 
 year of our Lord one thousand eight hundred 
 and sixty-seven. 
 
 THOMAS SWANN. 
 
 By the Governor : 
 John M. Carter, Secretary of State, 
 
ADOPTED BY THE CONVENTION, 
 
 WHICH ASSEMBLED AT THE CITY OF ANNAPOLIS, ON THE EIGHTH DAY OF 
 MAY, EIGHTEEN ^HUNDRED AND SIXTY-SEVEM, AND ADJOURNED ON THE 
 _ ___ir OF AUGUST. EIGHTEEN 
 
 SEVENTEENTIj^AY OF AUGUST, EIGHTEEN rfUNDRED AND SIXTY-SEVEN. 
 
 Declaration of Rights. 
 
 We, the People of the State of Maryland, grate- preamble. 
 ful to Almighty God for our civil and religious 
 liberty, and taking into our serious considera- 
 tion the best means of establishing a good Con- 
 stitution in this State for the sure foundation 
 and more permanent security thereof, declare : 
 
 Aeticle 1. That all Government of risrlit origin and 
 
 ^ Foundation of 
 
 originates from the People, is founded in com- «o^*^"'n'''»t. 
 pact only, and instituted solely for the good 
 of the whole ; and they have, at all times, the ^^^^^ ^^ 
 inalienable right to alter, reform or abolish 3 bl^'; 7 Md 
 their Form of Government, in such manner 14. ' 
 as they may deem expedient. 
 
 Art. 2. The Constitution of the United constitution of 
 States, and the Laws made, or which shall be 
 made in pursuance thereof, and all Treaties 
 made, or which shall be made, under the 
 2 13 
 
14 
 
 Declaeation of Rights. 
 
 8TiiH«me Law. 
 
 447. 
 
 Powers 
 reserved. 
 
 State's Bight8. 
 
 authority of the United States, are, and shall 
 be the Supreme Law of the State; and the 
 Judges of this State, and all the People of 
 this State, are, and shall be bound thereby; 
 G. i J. 1; 30. anything; in the Constitution or Law of this 
 
 14; 6 G. 56, 426; *^ ^ 
 
 6 G. 200; 2 Md. gtate to the contrary notwithstanding. 
 
 Art. 3. The powers not delegated to the 
 United States by the Constitution thereof, nor 
 prohibited by it to the States, are reserved 
 to the States respectively, or to the people 
 thereof. 
 
 Art. 4. That the People of this State have 
 the sole and exclusive right of regulating the 
 internal government and police thereof, as a 
 free, sovereign and independent State. 
 
 Art. 5. That the Inhabitants of Maryland 
 are entitled to the Common Law of England, 
 and the trial by Jury, according to the course 
 of that Law, and to the benefit of such of the 
 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 circum- 
 stances, and have been introduced, used and 
 practiced by the Courts of Law or Equity ; and 
 
 Acts of Assem- also of all Acts of Assembly in force on the 
 first day of June, Eighteen hundred and Sixty- 
 seven ; except such as may have since expired, 
 or may be inconsistent with the provisions of 
 this Constitution; subject, nevertheless, to the 
 revision of, and amendment or repeal by, the 
 
 Charter of the Lcgiskturc of this State. And the Inhabitants 
 
 Common Law. 
 
 Trial by Jury. 
 
 English 
 Statutes. 
 
Declaration of Rights. 16 
 
 of Maryland are also entitled to all property q &*.^/^V'g^ 
 derived to them from, or under the Charter ^mS? ?£ 
 
 , , TT« Ti«- • /-NT 1 1 -!-»• 135, 416, 500; 16 
 
 granted by His Majesty Charles the First to m<i. 549, 539; 15 
 Csecilius Calvert, Baron of Baltimore. g%S;'Stc: 
 
 Art. 6. That all persons invested with the Right of 
 Legislative or Executive powers of Govern- 
 ment are the Trustees of the Public, and, as 
 such, accountable for their conduct: Where- 
 fore, whenever the ends of Government are 
 perverted, and public liberty manifestly en- 
 dangered, 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. 
 
 Art. 7. That the right of the people to par- Right ot suf- 
 
 frage. 
 
 ticipate in the Legislature is the best security i8Md.479. 
 of liberty and the foundation of all free Gov- 
 ernment; for this purpose, elections ought to 
 be free and frequent; and every white male 
 citizen, having the qualifications prescribed 
 by the Constitution, ought to have the right 
 of suffrage. 
 
 Art. 8. That the Legislative, Executive separation of 
 
 <=* the Depart- 
 
 and Judicial powers of. Government ought to Slenf.^"^' 
 be forever separate and distinct from each G^&j.ies^'o. 
 
 .1 1 . . , „ . 66; 2 G. 147; 8 
 
 other; and no person exercising the lunctions <i.i4i;2Md.34i, 
 of one of said Departments shall assume or m:^Sm.iw\ 
 discharge the duties of any other. Md. i83; 4'Md. 
 
 Art. 9. That no power of suspending Laws g, 
 or the execution of Laws, unless by, or derived 
 
 Suspension of 
 Laws. 
 
16 
 
 Declaeation of Eights. 
 
 Freedom of 
 Speech. 
 
 Seat of Govern- 
 ment. 
 
 Meeting of 
 Legislature. 
 
 Right of Peti- 
 tion. 
 
 Levying of 
 Taxes. 
 
 Poll Taxes op- 
 pressive. 
 
 Paupers not to 
 be taxed. 
 
 Taxation ac- 
 cording to ac- 
 tual worth. 
 
 Fines, &c. 
 
 from the Legislature, ought to be exercised, 
 or allowed. 
 
 Akt. 10. That freedom of speech and de- 
 bate, or proceedings in the Legislature, ought 
 not to be impeached in any Court of Judica- 
 ture. 
 
 Art. 11. That Annapolis be the place of 
 meeting of the Legislature; and the Legis- 
 lature ought not to be convened, or held 
 at any other place but from evident neces- 
 sity. 
 
 Art. 12. That for redress of grievances, 
 and for amending, strengthening and pre- 
 serving the Laws, the Legislature ought to 
 be frequently convened. 
 
 Art. 13. That every man hath a right to 
 petition the Legislature for the redress of 
 grievances in a peaceable and orderly man- 
 ner. 
 
 Art. 14. That no aid, charge, tax, burthen 
 or fees ought to be rated or levied, under any 
 pretence, without the consent of the Legisla- 
 ture. 
 
 Art. 15. That the levying of taxes by the 
 poll is grievous and oppressive, and ought to 
 be prohibited ; that paupers ought not to be 
 assessed for the support of the Government; 
 but every person in the State, or person hold- 
 ing property therein, ought to contribute his 
 proportion of public taxes for the support 
 of the Government, according to his actual 
 worth in real or personal property ; yet, fines, 
 
Declakation of Rights. 17 
 
 duties or taxes may properly and justly be i2G & TliTfi 
 
 1 1 • 1 • 1 T . 1 . ^ G- 802; '1 G. 11, 
 
 imposed, or laid, with a political view lor '^^\^^!'l^ ^^'^^^ 
 the good government and benefit of the com- l/^^tv'^Md.^o"; 
 
 18 Md. 1, 451; 
 
 munity. 20 Md. 516. 
 
 Art. 16. That sanguinary Laws ought to sanguinary 
 be avoided as far as it 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, here- 
 after. 
 
 Art. 17. That retrospective Laws, punish- Retrospective 
 ing acts committed before the existence of 
 such Laws, and by them only declared crimi- 2 n. & .1, 4i; 4 
 
 ^ *^ G. & J. 1 ; 12 G. 
 
 nal, are oppressive, unjust' and incompatible ^q^IH^^-^I 
 with liberty; wherefore, no ex post facto Law Si; io'Md.S; 
 
 •^ ^ '' 12 Md. 195; 19 
 
 ought to be made ; nor any retrospective oath ^^^^- ^^i- 
 or restriction be imposed, or required. 
 
 Art. 18. That no Law to attaint particular Attainder. 
 persons of treason or felony, ought to be made 
 in any case, or at any time, hereafter. 
 
 Art. 19. That every man, for any injury Right to have 
 done to him in his person or property, ought 2 Md. 452. 
 to have reinedy 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. 
 
 Art. 20. That the trial of facts, where they Trial of Facta 
 
 . n -\ ' ' f* -\ ■wliere they 
 
 arise, is one 01 the greatest securities 01 the ^'■'^^^' 
 lives, liberties and estate of the People. 
 
 Art. 21. That in all criminal prosecutions, crimtnai proee. 
 
 . 1 1 • n cutione. 
 
 every man hath a right to be informed of the 
 
18 
 
 Declaration of Eights. 
 
 Copy of Indict- 
 ment. 
 
 Counsel and 
 Wituesaea. 
 
 Trial by Jury. 
 12 Md. 514. 
 
 Evidence 
 against oneself. 
 3G. 323; 
 7 Md. 416. 
 
 Freemen not to 
 be imprisoned. 
 2 Md. 429. 
 
 Slavery abol- 
 ished. 
 1867, c. 189. 
 
 Bail, Fines. &c. 
 
 Search War- 
 rants. 
 
 accusation against him ; to have a copy of the 
 Indictment, or charge, in due time (if required) 
 to prepare for his defense; 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 impar- 
 tial jury, without whose unanimous consent he 
 ought not to be found guilty. 
 
 Aet. 22. That no man ought to be com- 
 pelled to give evidence against himself in a 
 criminal case. 
 
 Aet. 23. That no man ought to be taken 
 or imprisoned or" disseized of his freehold, 
 liberties or privileges, or outlawed, or 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. 
 
 Aet. 24. That Slavery shall not be re-es- 
 tablished in this State ; but having been abol- 
 ished, under the policy and authority of the 
 United States, compensation, in consideration 
 thereof, is due from the United States. 
 
 Aet. 25. That excessive bail ought not to 
 be required, nor excessive fines imposed, nor 
 cruel or unusual punishment inflicted, by the 
 Courts of Law. 
 
 Aet. 26. That all warrants, without oath 
 or affirmation, to search suspected places, or 
 to seize any person or property, are grievous 
 and oppressive; and all general warrants to 
 
Declakation of Eigijts. 19 
 
 search suspected places, or to apprehend sus- 
 pected persons, without naming or describing 
 the place, or the person in special, are illegal, 
 and ought not to be granted. 
 
 Art. 27. That no conviction shall work cormptiot. of 
 
 .. r»ii 1 n (* ' j^ I* j^j^ Blood aud For- 
 
 corruption oi blood or lorieiture oi estate. feiture. 
 
 Art. 28. That a well regulated Militia is ^^.^.^.^ 
 the proper and natural defence of a free 
 Government. 
 
 Art. 29. That standing Armies are danger- standing 
 ous to liberty, and ought not to be raised, or 
 kept up, without the consent of the Legis- 
 lature. 
 
 Art. 30. That in all cases, and at all times. Military aub- 
 the military ought to be under strict subordi- Poien 
 nation to, and control of, the civil power. 
 
 Art. 31. That no soldier shall, in time Quartering of 
 
 Soldiera. 
 
 of peace, be quartered in any house, without 
 the consent of the owner, nor in time of 
 war, except in the manner prescribed by 
 Law. 
 
 Art. 32. That no person except regular ^^^^^ ^^ 
 soldiers, marines, and mariners in the ser- 
 vice of this State, or militia, when in actual 
 service, ought, in any case, to be subject to, 
 or punishable by Martial Law. 
 
 Art. 33. That the independency and up- j^^^^ 
 rightness of Judges are essential to the im- 
 partial administration of Justice, and a great 
 security to the rights and liberties of the 
 People; Wherefore, the Judges shall not be 
 removed, except in the maimer, and for the uMd.216. 
 
20 
 
 Declaration of Eights. 
 
 1 Md. 368. 
 
 Rotation in 
 Office. 
 
 Holding Offices' 
 
 Preflents. 
 
 Religious Lib- 
 erty. 
 
 causes, provided in this Constitution. No 
 Judge shall hold any other office, civil or 
 military, or political trust, or employment, of 
 any kind, whatsoever, under the Constitution 
 or Laws of this 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. 34. That a long continuance in the 
 Executive Departments of power or trust is 
 dangerous to liberty; a rotation therefore, in 
 those Departments is one of the best securi- 
 ties of permanent freedom. 
 
 Art. 35. That no person shall hold, at the 
 same time, more than one office of profit, 
 created by the Constitution or Laws of this 
 State; nor shall any person in public trust 
 receive any present from any foreign Prince 
 or State, or from the United States, or any of 
 them, without the approbation of this State. 
 
 A.nT. 36. That as it is the duty of every 
 man to worship God in such manner as he 
 thinks most acceptable to Him, all persons 
 are equally entitled to protection in their re- 
 ligious 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, he shall 
 disturb the good order, peace or safety of the 
 State, or shall infringe the laws of morality, 
 or injure others in their natural, civil or reli- 
 
Declaration of Rights. 21 
 
 gious rights ; nor ought any person to be com- 
 pelled to frequent, or maintain, or contribute, 
 unless on contract, to maintain, any place of 
 worship, or any ministry; nor shall any per- 
 son, otherwise competent, be deemed incom- 
 petent as a witness or juror, on account of witnesses. 
 his religious belief; provided, he believes in 
 the existence of God, and that under His dis- 
 pensation 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. 
 
 Aet. 37. That no religious test ought ever oath of office. 
 to be required as a qualification for any office 
 of profit or trust in this State, other than a 
 declaration of belief in the existence of God; 
 nor shall the Legislature prescribe any other 
 oath of office than the oath prescribed by this 
 Constitution. 
 
 Art. 38. That every gift, sale or devise Dicquaiifioa- 
 
 tioii of Minis- 
 
 of land, to any Minister, Public Teacher or ^-i;;,;' bodies"" 
 
 gious 
 
 Preacher of the gospel, as such, or to any cSSin^pri"^ 
 Religious 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 bene- 
 fit ; and also every devise of goods or chattels 
 to or for the support, use, or benefit of any 
 
22 
 
 Declaration of Rights. 
 
 3 M(L 119. 
 
 Administering 
 Oaths. 
 
 Liberty of the 
 Press. 
 
 Monopolies. 
 
 Titles 6{ 
 Nobility. 
 
 Duties of the 
 Legislature. 
 
 Minister, Public Teacher or Preacher of the 
 gospel, as such, or any Religious Sect, Order, 
 or Denomination, without the prior, or sub- 
 sequent, sanction 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, 
 enjoyed, or used only for such purpose; or 
 such sale, gift, lease, or devise shall be void. 
 
 Aet. 39. That the manner of administering 
 an oath of 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. 40. That the liberty of the press ought 
 to be inviolably preserved ; that every citizen 
 of the State ,ought to be allowed to speak, 
 write and publish his sentiments on all sub- 
 jects, being responsible for the abuse of that 
 privilege. 
 
 Art. 41. That monopolies are odious, con- 
 trary to the spirit of a free government and 
 the principles of commerce, and ought not to 
 be suffered. 
 
 Art. 42. That no title of nobility or hered- 
 itary honors ought to be granted in this 
 State. 
 
 Art. 43. That the Legislature ought to 
 encourage the diffiision of knowledge and vir- 
 
Declaration of Eights. 23 
 
 tue, tlie extension of a judicious system of 
 general education, the promotion of literature, 
 the arts, sciences, agriculture, commerce alid 
 manufactures, and the general melioration of 
 the condition of the People. 
 
 Art. 44. That the provisions of the Consti- constitutions 
 tution of the United States, and of this State, andPeiu;e. 
 apply, as well in time of war, as in time of 
 peace; and any departure therefrom, or vio- 
 lation thereof, under the pjea of necessity, or 
 any other plea, is subversive of good Govern- 
 ment, and tends to anarchy and despotism. 
 
 Art. 45. This enumeration of Rights shall Rights retained 
 
 , . . , 1 ^y *^^'® Peopla 
 
 not be construed to impair or deny others 261.99,209. 
 retained by the People. 
 
• CONSTITUTION 
 
 ARTICLE I. 
 
 Elective Franchise. 
 
 Elections by 
 ballot. 
 
 Qualifications 
 of Voters. 
 
 18 Md. 479. 
 22 Md. 171. 
 
 Section 1. All elections shall be by ballot; 
 and every white male citizen of the United 
 States, of the age of twenty-one years, or up- 
 wards, who has been a resident of the State 
 for one year, and of the Legislative District of 
 Baltimore City, or of the county, in which he 
 * may offer to vote, for six months next preced- 
 ing the election, shall be entitled to vote, in 
 the ward or election district, in which he re- 
 sides^ at all elections hereafter to be held in 
 this State ; and in case any county, or city, 
 shall be so divided as to form portions of dif- 
 ferent electoral districts, for the election of 
 Representatives in Congress, Senators, Dele- 
 gates, or other Officers, then, to entitle a per- 
 son to vote for such officer, he must have been 
 a resident of that part of the county, or city, 
 which shall form a part of the electoral dis- 
 trict, 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 
 
 24 
 
Art. 1.] State of Maryland. 25 
 
 such election, shall be entitled to vote in the 
 election district from which he removed, until Removals. 
 he shall have acquired a residence in the part 
 of the county, or city, to which he has re- 
 moved. 
 
 Sec. 2. No person above the age of twenty- wsquaimca- 
 one years, convicted of larceny, or other in- 
 famous crime, unless pardoned by the Gov- 
 ernor, shall ever thereafter be entitled to vote 
 at any election in this State ; and no person 
 under guardianship, as a lunatic, or, as a per- 
 son non compos mentis^ shall be entitled to vote. 
 
 Sec. 3. If any person shall give, or offer to ^^-^^^^y- 
 give, directly or indirectly, any bribe, present, 
 or reward, or any promise, or any security for 
 the payment, or the delivery of money, or any 
 other thing, to induce any voter to refrain 
 from casting his vote, or to prevent him, in 
 any way, from voting, or to procure a vote for 
 any candidate, or person proposed, or voted 
 for, as Elector of President and Vice-Presi- 
 dent 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 the Ordinances, or Authority of 
 the Mayor and City Council of Baltimore, the 
 person giving, or offering to give, and the 
 person receiving the same, and any person, 
 who gives, or causes to be given, an illegal 
 vote, knowing it to be such, at any election 
 to be hereafter held in this State, shall, on 
 conviction in a Court of Law, in addition to I'enaities. 
 
26 
 
 Constitution of the 
 
 [Art. 1, 
 
 Punishment 
 for Illegal 
 Voting. 
 1863, c. 133. 
 
 the penalties now, or hereafter to be, imposed 
 by Law, be forever disqualified to hold any 
 office of profit or trust, or to vote at any elec- 
 tion thereafter. 
 
 Sec. 4. It shall be the duty of the General 
 Assembly to pass Laws to punish, with fine 
 and imprisonment, any person who shall re- 
 move into any election district, or precinct of 
 any ward of the City of Baltimore, not for the 
 purpose of acquiring a bona fide residence 
 therein, but for the purpose of voting at an 
 approaching election, or, who shall vote in 
 any election district, or ward, in which he 
 does not reside, (except in the case provided 
 for in this article,) or shall, at the same elec- 
 tion, vote in more than one election district, 
 or precinct, 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. 
 Registration. Sec. 5. Thc Gcucral Assembly shall pro- 
 
 1867; c.'3:iW 1866, yldc by Law for a uniform Registration of the 
 17; 22 Md. 176. ^amcs of all the voters in this State, who 
 possess the qualifications prescribed in this 
 Article, w];iich Registration shall be conclu- 
 sive evidence to the Judges of election of the 
 right of every person, thus registered, to vote 
 at any election thereafter held in this State ; 
 but no person shall vote at any election. Fed- 
 eral or State, hereafter to be held in this 
 State, or at any municipal election in the City 
 of Baltimore, unless his name appears in the 
 
Art. 1.] State of Maryland. 27 
 
 list of registered voters ; and until the Gene- 
 ral Assembly shall hereafter pass an Act for 
 the Registration of the names of voters, the 
 Law in force on the first day of June, in the 
 year eighteen hundred and sixty-seven, in 
 reference thereto, shall be continued in force, 
 except so far as it may be inconsistent with 
 the provisions of this Constitution; and the 
 registry of voters, made in pursuance thereof, 
 may be corrected, as provided in said Law; 
 but the names of all persons shall be added 
 to the list of qualified voters by the officers of 
 Registration, who have the qualifications pre- 
 scribed in the first section of this Article, and 
 who are not disqualified under the provisions 
 of the second and third sections thereof. 
 
 Sec. 6. Every person elected, or appointed, oathofoffice. 
 to any office of profit or trust, under this Con- JfSf4Md.m' 
 stitution, or under the Laws, made pursuant 
 thereto, shall, before he enters upon the duties 
 of such office, take and subscribe the follow- 
 ing oath, or affirmation ; I, , do swear, (or 
 
 affirm, as the case may be,) that I will sup- 
 port the Constitution of the United States; 
 and that I will be faithful and bear true alle- 
 giance 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 , accord- 
 ing to the Constitution and Laws of this State, 
 (and, if a Governor, Senator, Member of the 
 
28 
 
 Constitution of the 
 
 [Art. 2. 
 
 New Election 
 on Refusal to 
 take Oath. 
 
 House of Delegates, or Judge,) that I will not 
 directly or indirectly, receive the profits or 
 any part of the profits, of [of] any other office 
 
 during the term of my acting as . 
 
 Sec. 7. Every person, hereafter elected, oi 
 appointed, to office, in this State, who shall 
 refuse, or neglect, to take the oath, or affirma- 
 tion of office, provided for in the sixth section 
 of this Article, shall be considered as having 
 refused to accept the said office; and a new 
 election, or appointment, shall be made, as in 
 case of refusal to accept, or resignation of an 
 office; and any person, violating said oath, 
 shall, on conviction thereof, in a Court of Law, 
 in addition to the penalties now, or hereafter, 
 to be imposed by Law, be thereafter incapable 
 of holding any office of profit or trust in this 
 State. 
 
 AKTICLE II 
 
 Executive Department. 
 
 Governor's 
 Term of Office. 
 22 Md. 183. 
 
 Section 1. The Executive Power of the 
 State shall be vested in a Governor, whose 
 term of office shall commence on the second 
 Wednesday of January next ensuing his elec- 
 tion, and continue for four years, and until 
 his successor shall have qualified; but the 
 Governor chosen [d] at the first election under 
 this Constitution, shall not enter upon the 
 
Abt. 2.] State of Maryland. 29 
 
 discharge of tlie duties of the office until the 
 expiration of the term for which the present 
 incumbent was elected; unless the said office 
 shall become vacant by death, resignation, 
 removal from the State, or other disqualifica- 
 tion of the said, incumbent. 
 
 Sec. 2. An election for Governor, under Time, place and 
 
 . /->j • . ini lit 1 rr\ manner of 
 
 this Constitution, shall be held on the Tues- electing gov- 
 
 ' ernor. 
 
 day next after the first Monday of November, i^^s, c. m. 
 in the year eighteen hundred and sixty-seven, 
 and on the same day and month in every 
 fourth year thereafter, at the places of Voting 
 for Delegate to the . General Assembly ; and 
 every person qualified to vote for Delegates, 
 shall be qualified and entitled to vote for 
 Governor ; the election to be held in the same 
 manner as the election of Delegates, and the 
 returns thereof, 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 said Speaker at the 
 commencement of the session of the General 
 Assembly, next ensuing said election. 
 
 Sec. 8. The Speaker of the House of Dele- Plurality to. 
 
 \ -^ elect. 
 
 gates shall then open the said Returns, in isse.c.iss-, 
 the presence of both Houses ; and the person 
 having the highest number of votes, and being 
 constitutionally eligible, shall be the Gov- 
 ernor, and shall qualify, in the manner herein 
 prescribed, on the second Wednesday of Janu- 
 ary next ensuing his election, or as soon there- 
 after as may be practicable. 
 3 
 
30 Constitution of the [Art. 2. 
 
 Case of tie Sen- Sec. 4. If two OP 111016 peisoiis shall have 
 
 ate and House J- 
 
 to choose. ^j^g highest and an equal number of votes 
 for Governor, one of them shall be chosen 
 Governor by the Senate and House of Dele- 
 
 Honse to deter- gatcs ; aud all questions in relation to the 
 
 mine questions , , . . 
 
 of eligibility, &c. eligibility of Governor, and to the returns of 
 said election, and to the number and legality 
 of votes therein given, shall be determined 
 by the House of Delegates ; and if the per- 
 son, or persons, having the highest number 
 of votes, be ineligible, the Governor shall be 
 chosen by the Senate and House of Dele- 
 gates. Every election of Governor by the 
 General Assembly shall be determined by a 
 joint majority of the Senate and House of 
 
 Vote viTa voce Deleg-ates I and the vote shall be taken wa 
 
 and jointly. *-' 
 
 voce. But if two or more persons shall have 
 the highest and an equal number of votes, 
 then, a second vote shall be taken, which shall 
 be confined to the persons having an equal 
 
 ca^eoftie uumbcr ; and if the vote should again be 
 equal, then the election of Governor shall be 
 determined by lot between those, who shall 
 have tiie highest and an equal number on 
 the first vote. 
 
 Qualification of Sec. 5. A pcrsou to bs eligible to the office 
 of Governor, must have attained the age of 
 thirty years, and must have been for ten 
 years a citizen of the State of Maryland, and 
 for five years next preceding his election, a 
 resident of the State, and, at the time of his 
 election, a qualified voter therein. 
 
 Governor. 
 
Art. 2.] State of Maryland. 31 
 
 Sec. 6. In case of the death, or resignation in case of death 
 
 ' c5 &c. General As- 
 
 of the Governor, or of his removal from the «*^"^i>'^ ^o elect. 
 State, or other disqualification, the General 
 Assembly, if in session, or if not, at their 
 next session, shall elect some other qualified 
 person to be Governor for the residue of the 
 term for which the said Governor had been 
 elected. 
 
 Sec. 7. In case of any vacancy in the office i^ case of 
 
 •^ •/ vacancy during 
 
 of Governor, during the recess of the Legisla- den7o/senate 
 ture, the President of the Senate shall dis- 
 charge the duties of said office, until a Gov- 
 ernor is elected, as herein provided for; and 
 in case of the death or resignation of the said 
 President, or of his removal from the State, 
 or of his refusal to serve, then the duties of 
 said office shall, in like manner, and for the 
 same interval, devolve upon the Speaker of 
 the House of Delegates. And the Legislature 
 may provide by Law, for the impeachment of impeachment, 
 the Governor ; and in case of his conviction, 
 or his inability, may declare what person 
 shall perform the Executive duties; and for 
 any vacancy in said office not herein provided 
 for, provision may be made by Law ; and if 
 such vacancy should occur without such pro- 
 vision being made, the Legislature shall be 
 convened by the Secretary of State for the 
 purpose of filling said vacancy. 
 
 Sec. 8. The Governor shall be the Com- Governor to be 
 mander-in-Chief of the land and naval forces chSrbStnor 
 
 to command in 
 
 of the State ; and may call out the Militia to p*"°°- 
 
32 
 
 Constitution of the 
 
 [Aet. 2. 
 
 His daties. 
 
 Appointments. 
 7 Md. 161. 
 14 Md. 215. 
 
 Appointments 
 during recess. 
 2 Md. 341. 
 14 Md. 215 
 1862, c. 68. 
 
 Persons 
 rejected not to 
 be appointed. 
 
 repel invasions, suppress insurrections, and 
 enforce the execution of the Laws ; but shall 
 not take the command in person, without the 
 consent of the Legislature. 
 
 Sec. 9. He shall take care that the Laws 
 are faithfully executed. 
 
 Sec. 10. He shall nominate, and, by and 
 with the advice and consent of the Senate, 
 appoint all civil and military officers of the 
 State, whose appointment, or election, is not 
 otherwise herein provided for; unless a dif- 
 ferent mode of appointment be prescribed by 
 the Law creating the office. 
 
 Sec. 11. In case of any vacancy, during the 
 recess of the Senate, in any office which the 
 Governor has power to fill, he shall appoint 
 some suitable person to said office, whose 
 commission shall continue in force until the 
 end of .the next session of the Legislature, or 
 mtil some other person is appointed to the 
 same office, whichever 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. 12. Ko person, after being rejected by 
 the Senate, shall bfe again nominated for the 
 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 Legis- 
 lature. 
 
Art. 2.] State of Maryland. 38 
 
 Sec. 13. All civil officers appointed by the Time of Nomi- 
 Governor and Senate, shall be nominated to 
 the Senate within fifty days from the com- 
 mencement of each regular session of the 
 Legislature; and their term of office, except 
 in cases otherwise provided for in this Con- 
 stitution, shall commence on the first Monday 
 of May next ensuing their appointment, and 
 continue for two years (unless removed from 
 office) and until their successors, respectively, 
 qualify according to Law; but the term of Termofoffice. 
 office of the Inspectors of Tobacco shall com- 
 mence on the first Monday of March next 
 ensuing their appointment. 
 
 Sec. 14. If a vacancy shall occur, during vacaucy 
 the session of the Senate, in any office which ^^'''"''• 
 the Governor and Senate have the power to 
 fill, the Governor shall nominate to the Senate 
 before its final adjournment, a proper person 
 to fill said vacancy, unless such vacancy 
 occurs within ten days before said final ad- 
 journment. 
 
 Sec. 15. The Governor may suspend, or courts Martial. 
 arrest any military officer of the State for dis- 
 obedience of orders, or other military offence ; 
 and may remove him in pursuance of the 
 sentence of a Court Martial ; and may remove 
 for incompetency, or misconduct, all civil 
 officers who received appointment from the 
 Executive for a term of years. 
 
 Sec. 16. The Governor shall convene the Extra sessions 
 Legislature, or the Senate alone, on extraor- ° 
 
34 
 
 Constitution of the 
 
 [Aet. 2. 
 
 Veto power. 
 
 Three-fifths of 
 each House 
 may pass a 
 vetoed bill. 
 
 Yeas and Nays. 
 
 Veto within 
 six days. 
 
 dinary occasions ; and whenever from the pre- 
 sence of an enemy, or from any other cause, 
 the Seat of Government shall become an un- 
 safe place for the meeting of the Legislature, 
 he may direct their sessions to be held at 
 some other convenient place. 
 
 Sec. 17. To guard against hasty or partial 
 legislation, and encroachments of the Legisla- 
 tive Department upon the co-ordinate Execu- 
 tive and Judicial Departments, every Bill 
 which shall have passed the House of Dele- 
 gates and the Senate, shall, before it becomes 
 a Law, be presented to the Governor of the 
 State ; if he approve, he shall sign it ; but if 
 not, he shall return it, with his objections, 
 to the House in which it originated, which 
 House shall enter the objections at large on 
 its Journal, and proceed to re-consider the 
 Bill ; if, after such re-consideration, three- 
 fifths of the members elected to that House 
 shall pass the Bill, it shall be sent, with the 
 objections to the other House, by which it 
 shall likewise be re-considered, and if passed 
 by three-fifths of the members elected to that 
 House, it shall become a Law. But, in all 
 such cases, the votes of both Houses shall be 
 determined by yeas and nays ; and the names 
 of the persons voting for and against the Bill, 
 shall be entered on the Journal of each House, 
 respectively. If any Bill shall not be returned 
 by the Governor within six days, (Sundays 
 excepted) after it shall have been presented 
 
Akt. 2.] State of Maryland. 35 
 
 to him, the same shall be a Law in like 
 manner as if he signed it; unless the Gen- 
 eral Assembly shall, by adjournment, pre- 
 vent its return, in which case it shall not be 
 a Law. 
 
 Sec. 18. It shall be the duty of the Gov- Governor to 
 
 •' examine Trea- 
 
 ernor, semi-annually (and oftener, if he deem ^"'•y **=<=«"'^*«- 
 it expedient) to examine under oath the Trea- 
 surer and Comptroller of the State on all mat- 
 ters pertaining to their respective offices; and 
 inspect and review their Bank and other Ac- 
 count Books. 
 
 Sec. 19. He shall, from time to time, in- Recommenda- 
 
 ' ' tions. 
 
 form the Legislature of the condition of the 
 State and recommend to their consideration 
 such measures as he may judge necessary 
 and expedient. 
 
 Sec. 20. He shall have power to 2:rant pardoning 
 
 ■*■ ° power. 
 
 reprieves and pardons, except in cases of im- 
 peachment, and in cases, in which he is pro- 
 hibited by other Articles of this Constitution ; 
 and to remit fines and forfeitures for offences 
 against the State; but shall not remit the 
 principal, or interest of any debt due the 
 State, except, in cases of fines and forfeitures ; 
 and before granting a nolle prosequi, or par- 
 don, he shall give notice, in one or more Notice in news- 
 
 ' o ^ papers. 
 
 newspapers, of the application made for it, 
 and of the day on, or after which, his deci- 
 sion will be given ; and in every case, in 
 which he exercises this power, he shall re- Reports to 
 
 ■•• Legislature. 
 
 port to either Branch of the Legislature, 
 
36 
 
 Constitution of the 
 
 [Art. 2 
 
 Residence and 
 Salary. 
 
 A Secretary of 
 State. 
 
 1853, c. 448. 
 1858, c. 32. 
 
 His duties. 
 
 whenever required, the petitions, recommen- 
 dations, and reasons, which influenced his 
 decision. 
 
 Sec. 21. The Governor shall reside at the 
 Seat of Government, and receive for his ser- 
 vices an annual salary of Four Thousand 
 Five Hundred dollars. 
 
 Sec. 22. A Secretary of State shall be ap- 
 pointed by the Governor, by and with the 
 advice and consent of the Senate, who shall 
 continue in office, unless sooner removed by 
 the Governor, till the end of the official 
 term of the Governor from whom he re- 
 ceived his appointment, and receive an an- 
 nual salary of Two Thousand dollars, and 
 shall reside at the Seat of Government ; and 
 the office of Private Secretary shall thence- 
 forth cease. 
 
 Sec. 23. The Secretary of State shall care- 
 fully keep and preserve a Eecord of all official 
 acts and proceedings, which may at all times 
 be inspected by a committee of either Branch 
 of the Legislature; and he shall perform such 
 other duties as may be prescribed by Law, or 
 as may properly belong to his office, together 
 with all clerical duty belonging to the Execu- 
 tive Department. 
 
Art. 3.] State of Maryland. 37 
 
 AKTICLE III. 
 
 Legislative Department. 
 
 Section 1. The Legislature shall consist of two Branches 
 two distinct Branches ; a Senate, and a House 
 of Delegates, and shall be styled the General style. 
 Assembly of Maryland. 
 
 Sec. 2. Each County in the State, and each Election of 
 
 n -r^ 1 • Senators. 
 
 of the three Legislative Districts of Baltimore 
 City, as they are now, or may hereafter be 
 defined, shall be entitled to one Senator, who 
 shall be elected by the qualified voters of the 
 Counties, and of the Legislative Districts of 
 Baltimore City, respectively, and shall serve 
 for four vears from the date of his election. Term four 
 
 '^ years. 
 
 subject to the classification of Senators, here- 
 after provided for. 
 
 Sec. 3. Until the taking and publishins: of Representation 
 
 *-'■'- *^ in House of 
 
 the next National Census, or until the enu- ^ett^^^l^sif'^ 
 meration of the population of this State, under 
 the Authority thereof, the several Counties, 
 and the City of Baltimore, shall have rep- 
 resentation in the House of Delegates, as 
 follows: Alleghany County, five Delegates; 
 Anne Arundel County, three Delegates; Bal- 
 timore County, six Delegates ; each of the 
 three Legislative Districts of the City of Bal- 
 timore, six Delegates ; Calvert County, two 
 Delegates; Caroline County, two Delegates; 
 Carroll County, four Delegates ; Cecil County, 
 
38 Constitution of the [Aet. 3. 
 
 four Delegates; Charles County, two Dele- 
 gates; Dorchester County, three Delegates; 
 Frederick County, six Delegates; Harford 
 County, four Delegates; Howard County, two 
 Delegates ; Kent County, two Delegates ; 
 Montgomery County, three Delegates; Prince 
 George's County, three Delegates; Queen 
 Anne's County, two Delegates; Saint Mary's 
 County, two Delegates ; Somerset County, 
 three Delegates; Talbot County, two Dele- 
 gates; Washington County, five Delegates; 
 and Worcester County, three Delegates. 
 Basis of Repre- gEC. 4. As soou as mav be after the takina: 
 
 sentation in Jo 
 
 Delegates. and publishing of the next National Census, 
 or after the enumeration of the population of 
 this State, under the Authority thereof, there 
 shall be an apportionment of representation 
 in the House of Delegates, to be made on the 
 following basis, to wit: Each of the several 
 •Counties of the State, having a population of 
 eighteen thousand souls, or less, shall be en- 
 titled to two Delegates; and every County, 
 having a population of over eighteen thou- 
 sand, and less than twenty-eight thousand 
 souls, shall be entitled to three Delegates; 
 and every County, having a population of 
 twenty-eight thousand, and less than forty 
 thousand souls, shall be entitled to four Dele- 
 gates; and every County, having a popula- 
 tion of forty thousand, and less than fifty-five 
 thousand souls, shall be entitled to five Dele- 
 gates ; and every County, having a population 
 
Art. 3.] State of Maryland. 39 
 
 of fifty -five thousand souls, and upwards, 
 shall be entitled to six Delegates, and no 
 more ; and each of the three Legislative Dis- 
 tricts of the City of Baltimore shall be enti- 
 tled to the number of Delegates to which the 
 largest County shall, or may be entitled, 
 under the aforegoing apportionment. And 
 the General Assembly shall have power to ^^f^^^^^*jT« 
 
 Districts in 
 Baltimore 
 
 provide by Law, from time to time, for alter- cuy may\o 
 ing and changing the boundaries of the three 
 existing Legislative Districts of the City of 
 Baltimore, so as to make them, as near as 
 may be, of equal population; but said Dis- 
 tricts shall always consist of contiguous ter- 
 ritory. 
 
 Sec. 5. Immediately after the taking and Governor to 
 
 •z o arrange the 
 
 publishing of the next National Census, or «^cr"" 
 after any State enumeration of population, 
 as aforesaid, it shall be the duty of the Gov- 
 ernor, then beingy to arrange the Bepresenta- 
 tion in said House of Delegates, in accordance 
 with the apportionment herein provided for; 
 and to declare, by Proclamation, the number p,.ociamation. 
 of Delegates, to which each County, and the 
 City of Baltimore may be entitled, under such 
 apportionment ; and after every National Cen- 
 sus taken thereafter, or after any State enu- 
 meration of population, thereafter made, it 
 shall be the duty of the Governor, for the 
 time being, to make similar adjustment of 
 Eepresentation, and to declare the same by 
 Proclamation, as aforesaid. 
 
40 
 
 Constitution of the 
 
 [Art. 3, 
 
 Election of 
 Delegates. 
 
 Term two 
 
 years. 
 
 Time of 
 Elections. 
 
 Classification 
 of Senators. 
 
 Qualifications 
 of Senators and 
 Delegates. 
 4 H. & M'H. 279. 
 
 Sec. 6. The members of the House of Dele- 
 gates shall be elected by the qualified voters 
 of the Counties, and the Legislative Districts 
 of Baltimore City, respectively, to serve for 
 two years, from the day of their election. 
 
 Sec. 7. The first election for Senators and 
 Delegates shall take place on the Tuesday 
 next, after the first Monday in the month 
 of November, eighteen hundred and sixty- 
 seven ; and the election for Delegates, and as 
 nearly as practicable, for one-half of the Sen- 
 ators, shall be held on the same day, in every 
 second year thereafter. 
 
 Sec. 8. Immediately after the Senate shall 
 have convened, after the first election, under 
 this Constitution, the Senators shall be divided 
 by lot, into two classes, as nearly equal in num- 
 ber as may be — Senators of the first class shall 
 go out of ofiice at the expiration of two years, 
 -and Senators shall be elected on the Tuesday 
 next after the first Monday in the. month of 
 November, eighteen hundred and sixty-nine, 
 for the term of four years, to supply their 
 places; so that, after the first election, one- 
 half of the Senators may be chosen every 
 second year. In case the number of Senators 
 be hereafter increased, such classification of 
 the additional Senators shall be made as to 
 preserve, as nearly as may be, an equal num- 
 ber in each class. 
 
 Sec. 9. No person shall [be] eligible as a 
 Senator or Delegate, who at the time of his 
 
Art. 3.] State of Maryland. 41 
 
 election, is not a citizen of the State of Mary- 
 land, and who has not resided therein, for at 
 least three years, next preceding the day of 
 his election, and the last year thereof, in the 
 County, or in the Legislative District of Bal- 
 timore City, which he may be chosen to rep- 
 resent, if such County, or Legislative Dis- 
 trict of said City, shall have been so long 
 established; and if not, then in the County, 
 or City, from which, in whole, or in part, 
 the same may have been formed; nor shall 
 any person be eligible as a Senator, unless 
 he shall have attained the age of twenty-five 
 years, nor as a Delegate, unless he shall have 
 attained the age of twenty-one years, at the 
 time of his election. 
 
 Sec. 10. No member of Congress, or person Persona ineii- 
 holding any civil or military office under the i853,c.28o. 
 United States, shall be eligible as a Senator, 
 or Delegate ; and if any person shall after his 
 election as Senator, or Delegate, be elected 
 to Congress, or be appointed to any office, 
 civil, or military, under the Government of 
 the United States, his acceptance thereof, shall 
 vacate his seat. 
 
 Sec. 11. No Minister or Preacher of the 
 Gospel, or of any religious creed, or denomi- 
 nation, and no person holding any civil office 
 of profit, or trust, under this State, except 
 Justices of the Peace, shall be eligible as 
 Senator, or Delegate. 
 
 Sec. 12. No Collector, Keceiver, or Holder Defaulters 
 
 _ ineligible, 
 
 ol public money shall be eligible as Senator ^^^^''^•i^- 
 
VacancieB in 
 Senate or 
 House. 
 
 42 Constitution of the [Art. 3. 
 
 or Delegate, or to any office of profit, or trust, 
 under this State, until he shall have accounted 
 for, and paid into the Treasury all sums on 
 the Books thereof charged to, and due by him. 
 Sec. 13. In case of death, disqualification, 
 resignation, refusal to act, expulsion, or re- 
 moval from the county, or city, for which he 
 shall have been elected, of any person, who 
 shall have been chosen as a Delegate, or Sena- 
 tor, 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 be, for the election of another 
 person in his place, of which election, not less 
 than ten days notice shall be given, exclusive 
 of the day of the publication of the notice, 
 and of the day of election ; and, if during the 
 recess of the Legislature, and more than ten 
 days before its termination, such death shall 
 occur, or such resignation, refusal to act, or 
 disqualification be communicated, in writing 
 to the Governor by the person, so resigning, 
 refusing, or disqualified, it shall be the duty 
 of the Governor to issue a warrant of election 
 to supply the vacancy thus created, in the 
 same manner, the said Speaker, or President, 
 might have done, during the session of the 
 General Assembly; provided, however, that 
 unless a meeting of the General Assembly may 
 intervene, the election, thus ordered to fill such 
 vacancy, shall be held on the day of the ensu- 
 ing election for Delegates and Senators. 
 
Art. 3.] State of Maryland. 43 
 
 Sec. 14. The General Assembly shall meet Meetings of 
 
 *' Legislature. 
 
 on the first Wednesday of January, eighteen 
 hundred and sixty-eight, and on the same 
 day in every second year thereafter, and at 
 no other time, unless convened by proclama- 
 tion of the Governor. 
 
 Sec. 15. The General Assembly may con- compensation 
 
 of Members. 
 
 tinue its Session so long as, in its judgment i864,res.4. 
 the public interest may require, for a period 
 not longer than ninety days; and each mem- 
 ber thereof, shall receive a compensation of 
 five dollars per diem, for every day he shall 
 attend the session; but not for such days as 
 he may be absent, unless absent on account of 
 sickness, or by leave of the House of which 
 he is a member; and he shall also receive 
 such mileage as may be allowed by Law, 
 not exceeding twenty cents per mile; and 
 the Presiding officer of each House shall 
 receive an additional compensation of three 
 dollars per day. When the General Assem- Extra sessiona. 
 bly shall be convened by Proclamation of 
 the Governor, the session shall not continue 
 longer than thirty days; and in such case, 
 the compensation shall be the same as herein 
 prescribed. 
 
 Sec. 16. No book, or other printed matter, Books not to be 
 
 . . 11* PI purchased. 
 
 not appertammg to the business of the ses- 
 sion, shall be purchased, or subscribed for, 
 for the use of the members of the General 
 Assembly, or be distributed among them, at 
 the public expense. 
 
44 
 
 Constitution of the 
 
 [Akt. 3. 
 
 Disqualifica- 
 tions to hold 
 certain ofiices. 
 
 Exemption for 
 words in 
 debate. 
 
 Powers of each 
 House 
 
 Quornm. 
 
 Soesions to be 
 opon. 
 
 Sec. 17. Ko Senator or Delegate, after quali- 
 fying as such, notwithstanding he may there- 
 after resign, shall during the whole period of 
 time, for which he was elected, be eligible to 
 any office, which shall have been created, or 
 the salary, or profits of which shall have been 
 increased, during such term. 
 
 Sec. 18. No Senator, or Delegate shall be 
 liable in any civil action, or criminal prosecu* 
 tion, whatever, for words spoken in debate. 
 
 Sec. 19. Each House shall be judge of the 
 qualifications and elections of its members, 
 as prescribed by the Constitution and Laws 
 of the State; shall appoint its own officers, 
 determine the rules of its own proceedings, 
 punish a member for disorderly or disrespect- 
 ful behaviour, and with the consent of two- 
 thirds of its whole number of members elected, 
 expel a member ; but no member shall be ex- 
 pelled a second time for the same offence. 
 
 Sec. 20. A majority of the whole number 
 of members elected to each House shall con- 
 stitute a quorum for the transaction of busi- 
 ness ; but a smaller number may adjourn 
 from day to day, and compel the attendance 
 of absent members, in such manner, and 
 under such penalties, as each House may 
 prescribe. 
 
 Sec. 21. The doors of each House, and of 
 the Committee of the Whole, shall be open, 
 except when the business is such as ought to 
 be kept secret. 
 
Art. 3.] State of Maryland. 45 
 
 Sec. 22. Each House shall keep a Journal jonmaistobe 
 
 published. 
 
 of its proceedings, and cause the same to be 
 published. The yeas and nays of members ^8T3,r36^*^ 
 on any question, shall at the call of any five 
 of them in the House of Delegates, or one in 
 the Senate, be entered on the Journal. 
 
 Sec. 23. Each House may punish by im- imprisonment 
 
 1 . • P 1 i-N of disorderly 
 
 prisonment, during the session of the General persons. 
 Assembly, any person, not a member, for dis- 
 respectful, or disorderly behaviour in its pre- 
 sence, or for obstructing any of its proceed- 
 ings, or any of its officers in the execution of 
 their duties; provided, such imprisonment 
 shall not, at any one time, exceed ten days. 
 
 Sec. 24. The House of Delegates may in- p^^.^^^t^^ 
 quire, on the oath of witnesses, into all com- Deiegatfs. 
 plaints, grievances and offences, as the Grand Grand inquest 
 Inquest of the State, and may commit any 
 person, for any crime, to the public jail, there 
 to remain, until discharged by due course of 
 Law. They may examine and pass all ac- 
 counts of the State, relating either to the col- 
 lection or expenditure of the revenue, and 
 appoint Auditors to state and adjust the 
 same. They may call for all pu]blic, or official 
 papers and records, and send for persons, ^I'^^^ll^^^ 
 whom they may judge necessary, in the course ^^^^'^^_ 
 of their inquiries, concerning affairs relating 
 to the public interest, and may direct all 
 office bonds which shall be made payable to 
 the State, to be sued for any breach thereof; 
 and with the view to the more certain pre- 
 4 
 
46 
 
 Constitution of the 
 
 [Art. 3. 
 
 Contracts 
 
 Abuse in 
 «xpenditures. 
 
 Special 
 adjournments. 
 
 Impeachment. 
 
 vention, or correction of the abuses in the 
 expenditures of the money of the State, the 
 General Assembly shall create, at every ses- 
 sion thereof, a joint Standing Committee of 
 the Senate and House of Delegates, who shall 
 have power to send for persons, and examine 
 them on oath, and call for Public, or Official 
 Papers and Records, and whose duty it shall 
 be to examine and report upon all contracts 
 made for printing, stationery, and purchases 
 for the Public offices, and the Library, and 
 all expenditures therein, and upon all matters 
 of alleged abuse in expenditures, to which 
 their attention may be called by Resolution 
 of either House of the General Assembly. 
 
 Sec. 25. Neither House shall, without the 
 consent of the other, adjourn for more than 
 three days, at any one time, nor adjourn to 
 any other place, than that in which the House 
 shall be* sitting, without the concurrent vote 
 of two-thirds of the members present. 
 
 Sec. 26. The House of Delegates shall have 
 the sole power of impeachment in all cases; 
 but a majority of all the members elected 
 must concur in the impeachment. All im- 
 peachments shall be tried by the Senate, and 
 when sitting for that purpose, the Senators 
 shall be on oath, or affirmation, to do justice 
 according to the law and the evidence; but 
 no person shall be convicted without the con- 
 currence of two-thirds of all the Senators 
 elected. 
 
Art. 3.3 State of Maryland. 47 
 
 Sec. 27. Any bill may originate in either Either House 
 
 may originate 
 
 House of the General Assembly, and be al- ^i"«- 
 tered, amended, or rejected by the other ; but 
 no bill shall originate in either House during 
 the last ten days of the session, unless two- 
 thirds of the members elected thereto shall 
 so determine by yeas and nays; nor shall 
 any bill become a Law, until it be read on 
 three different days of the session in each 
 House, unless two-thirds of the members 
 elected to the House, where such bill is pend- 
 ing, shall so determine by yeas and nays; 
 and no bill shall be read a third time until it 
 shall have been actually engrossed for a third 
 reading. 
 
 Sec. 28. No bill shall become a Law unless passage of 
 it be passed in each House by a majority of 
 the whole number of members elected, and 
 on its final passage, the yeas and nays be 
 recorded; nor shall any Resolution,' requiring 
 the action of both Houses, be passed except 
 in the same manner. 
 
 Sec. 29. The style of all Laws of this State style of Laws. 
 shall be, "Be it enacted by the General As- 
 sembly of Maryland : " and all Laws shall Mode of enact- 
 
 *' "^ ment. 
 
 be passed by original bill; and every Law 7Md.i5i;i862, 
 enacted by the General Assembly shall em- |5^^i4Md.i84;' 
 brace but one subject, and that shall be 
 described in its title; and no Law, nor sec- 
 tion of Law, shall be revived, or amended 
 by reference to its title, or section only; nor 
 shall any Law be construed by reason of its 
 
 22 Md. 126. 
 
48 Constitution of the [Art. 3^ 
 
 title, to grant powers, or confer rights which 
 are not expressly contained in the body of the 
 Act; and it shall be the duty of the General 
 Assembly, in amending any article, or sec- 
 tion of the Code of Laws of this State, to 
 enact the same, as the said article, or section 
 would read when amended. And whenever 
 the General Assembly shall enact any Public 
 General Law, not amendatory of any section, 
 or article in the said Code, it shall be the duty 
 of the General Assembly to enact the same, 
 in articles and sections, in the same manner, 
 as the Code is arranged, and to provide for 
 the publication of all additions and altera- 
 tions, which may be made to the said Code. 
 BiiistobeBign- Sec. 30. Evcry bill, when passed by the 
 S^rSf A^*^'" General Assembly, and sealed with the Great 
 uMd-m Seal, shall be presented to the Governor, who, 
 if he approves it, shall sign the same in the 
 presence of the presiding officers and Chief 
 Clerks of the Senate and House of Delegates. 
 Every Law shall be 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. 
 When laws take Sec. 31. No Law passcd by the General 
 14 Md. 184; 19 Asscmblv shall take effect, until the first day 
 
 Md. 9C; 1865, c. ^ \ ^ •' 
 
 ^^' of June, next after the Session, at which it may 
 
 be passed, unless it be otherwise expressly de- 
 clared therein. 
 
Art. 3.] State of Maryland. 49 
 
 Sec. 32. No money shall be drawn from Appropriations 
 
 •' to be made by 
 
 the Treasury of the State, by any order or ^*^'^ ^g^ 
 resolution, nor except in accordance with an 
 appropriation by Law, and every 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 General Assembly from placing a 
 contingent fund at the disposal of the Execu- J^';'^*j"g^°* 
 tive, who shall report to the General Assem- ^^^*' ""• ^^' 
 bly, at each Session, the amount expended, 
 and the purposes to which it was applied. 
 An accurate statement of the receipts and 
 expenditures of the public money, shall be 
 attached to, and published with the Laws, 
 after each regular Session of the General As- 
 sembly. 
 
 Sec. 33. The General Assembly shall not Local and spe- 
 pass local, or special Laws, m any of the fol- i>«p«««ed. 
 
 j- ' JT 7 J 1 II. & J. 236; 3 
 
 lowing enumerated cases, viz: For extending f^* J- 2j*|^f^ 
 
 G. & J. 461 ; 7 G. 
 
 the time for the collection of taxes: granting: &j. 7,191;' s g! 
 
 ° ^ & J. 386; 9 G. & 
 
 divorces; changing the name of any person; f7filG.&^".&?; 
 providing for the sale of reaL estate belonging 209'; 2 Md. 429. " 
 to minors, or other persons laboring under 
 legal disabilities, by executors, administra- 
 tors, guardians or trustees; giving effect to 
 informal, or invalid deeds or wills; refund- 
 ing money paid into the State Treasury, or 
 releasing persons from their debts, or obliga- 
 tions to the State, unless recommended by the 
 Governor, or officers of the Treasury Depart- 
 ment. And the General Assembly shall pass 
 
50 
 
 Constitution of the 
 
 [Aet. 3. 
 
 Debts not to be 
 contracted. 
 
 no special Law, for any case; for which provi- 
 sion has been made, by an existing General 
 Law. The General Assembly, .at its first ses- 
 sion after the adoption of this Constitution, 
 brp?o^der^*° shall pass General Laws, providing for the 
 cases enumerated in this section, which are 
 not already adequately provided for, and for 
 all other cases, where a General Law can be 
 made applicable. 
 
 Sec. 34. No debt shall be hereafter con- 
 tracted by the General Assembly, 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 prin- 
 cipal 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 interest thereon, shall be fully dis- 
 charged. The 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 Im- 
 provement, nor in granting any aid thereto, 
 which shall involve the faith, or credit of the 
 State; nor make any appropriation therefor, 
 except in aid of the construction of Works of 
 Internal Improvement, in the counties of Saint 
 Mary's, Charles and Calvert, which have had 
 
 Credit of the 
 
 State not to be 
 
 given. 
 
 15 Md. 205. 
 
Akt. 3.] State of Maryland. 61 
 
 no direct advantage, from such Works, as have 
 been heretofore aided by the State; and pro- 
 vided, that such aid, advances, or appropria- 
 tions shall not exceed in the aggregate the 
 sum of five hundred thousand dollars. And 
 they shall not use, or appropriate the pro- 
 ceeds of the Internal Improvement Compa- 
 nies, or of the State tax, now levied, or which 
 may hereafter be levied, to pay off the public STJl't'ate"''* "^ 
 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 outstand- 
 ing debt; but the General Assembly may, 
 without laying a tax, borrow an amount never 
 to exceed fifty thousand dollars, to meet tem- Temporary 
 
 deficiencies. 
 
 porary deficiencies in the Treasury, and may 
 contract debts to any amount that may be 
 necessary for the defence of the State. 
 
 Sec. 35. No extra compensation shall be Extra compen- 
 
 1 -,-, 111/^ A sation not to be 
 
 granted, or allowed by the General Assembly, *"«^^^^^- 
 to any Public Officer, Agent, Servant or Con- 
 tractor, after the service shall have been ren- 
 dered, 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. 36. No Lottery 2;rant shall ever here- Lotteries pro- 
 
 •^ ^ hibited. 
 
 after be authorized by the General Assembly. 12 g. & j. 1. 
 Sec. 37. The General Assembly shall pass Payment for ' 
 
 -|- » T n T 1 * rn Slaves prohibit- 
 
 no Law providmg tor payment, by this State, ^^■ 
 for Slaves emancipated from servitude in this 
 State ; but they shall adopt such measures, as 
 
52 
 
 Constitution of the 
 
 [Akt. 3. 
 
 No imprison- 
 ment for Debt 
 
 5 Md. 337. 
 
 6 Md. 308. 
 
 Banks. 
 1863, c. 441. 
 1854, c. 152. 
 
 Books to be 
 open. 
 
 tbey may deem expedient, to obtain from the 
 United States, compensation for such Slaves, 
 and to receive, and distribute the same, equi- 
 tably, to the persons entitled. 
 
 Sec. 38. No person shall be imprisoned for 
 debt. 
 
 Sec. 39. The General Assembly shall grant 
 no charter for Banking purposes, nor renew 
 any Banking Corporation, now in existence, 
 except upon the condition that the Stock- 
 holders shall be liable to the amount of their 
 respective Share, or Shares of Stock in such 
 Banking Institution, for all its debts and lia- 
 bilities, upon note, bill, or otherwise; the 
 Books, papers, and accounts of all Banks shall 
 be open to inspection, under such regulations 
 as may be prescribed by Law. 
 Compensation Sec. 40. Thc Gcucral Asscmbly shall enact 
 taken tor Pub- no Law authorlziug private property, to be 
 &j.479^;2'g^2o; taken for public use, without just compensa- 
 oo.^sTs'bIS; tion, as agreed upon between the parties, oi 
 
 386, 453 ; 1 Md. iii . t • n » i 
 
 Md \^53"f kd. awarded by a jury, bemg first paid, or ten- 
 S; lo^Md. 544^; dcrcd to the party, entitled to such compen- 
 
 14 Md. 444; 15 . 
 
 Md. 199, 240; 22 satlOU. 
 Md.229; 1853, c. «**^-^'-'-"« 
 
 Duellists ^^^- ^^l' ^^y citizen of this State, who shall 
 
 ineligible. ^^^^ ^j^^ adoptlou of thls Constitution, either 
 
 in, or out of this State, fight a duel with 
 deadly weapons, or send, or accept a chal- 
 lenge so to do, or who shall act as a second, 
 or knowingly aid or assist in any manner, 
 those ofiending, shall, ever thereafter, be inca- 
 pable of holding any ofiice of profit or trust, 
 
of 
 Electious. 
 
 Art. 3.] State of Maryland. 68 
 
 under this State, unless relieved from the dis- 
 ability by an act of the Legislature. 
 
 Sec. 42. The General Assembly shall pass Pnrity 
 Laws necessary for the preservation of the 
 purity of Elections. 
 
 Sec. 43. The property of the wife shall be wife's property 
 
 protected. 
 
 protected from the debts of her husband. M±9;m,hX 
 
 Sec. 44. Laws shall be passed by the Gene- ^;i^ptiou 
 ral Assembly, to protect from execution a 
 reasonable amount of the property of the 
 debtor, not exceeding in value, the sum of 
 five hundred dollars. 
 
 Sec. 45. The General Assembly shall pro- compensation 
 
 . -I -n r»i*^ Clerks and 
 
 Vide a simple and uniform system oi charges Registers. 
 
 ^ . 1852, c. 308. 
 
 in the offices of Clerks of Courts, and Regis- 
 ters of Wills, in the Counties of this State, 
 and the City of Baltimore, and for the collec- 
 tion thereof; provided, the amount of com- 
 pensation to any of the said officers, in the 
 various Counties, shall not exceed the sum of 
 three thousand dollars a year, and in the 
 City of Baltimore thirty-five hundred dol- 
 lars 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. 46. The General Assembly shall have Legislature 
 
 may receive 
 
 power to receive from the United States, any landfromu.s. 
 grant, or donation of land, money, or securi- 
 ties for any purpose designated by the United 
 
54 Constitution of the [Aet. 3. 
 
 States, and shall administer, or distribute tlie 
 same according to the conditions of the said 
 grant. 
 Contested Sec. 47. Thc Gcncral Assembly shall make 
 
 Elections. ,. n it n ii* 
 
 17 Md. 309. provisions lor all cases oi contested elections 
 
 1853, c. 244. 
 
 of any of the officers, not herein provided for. 
 Corporations Sec. 48. Corporatlons may be formed under 
 
 under^gene- gcucral Laws ; but shall not be created by 
 f%o-^im^l' special act, except for municipal purposes, 
 147; 1867, c. 379. ^^^ cxccpt lu cascs, whcrc no general Laws 
 exist, providing for the creation of corpora- 
 tions of the same general character, as the 
 corporation jDroposed to be created ; and any 
 act of incorporation, passed in violation of 
 this section shall be void. And as soon as 
 practicable, after the adoption of this Consti- 
 tution, it shall be the duty of the Governor, 
 to appoint three persons learned in the Law, 
 whose duty it shall be, to prepare drafts of 
 general Laws, providing for the creation of 
 corporations, in such cases as may be proper, 
 and for all other cases, where a general Law 
 can be made; and for revising and amending, 
 so far as may be necessary, or expedient, the 
 general Laws which may be in existence on 
 the first day of June, eighteen hundred and 
 sixty-seven, providing for the creation of cor- 
 porations, and for other purposes; and such 
 commissioners ^rafts of Laws shall by said commissioners, 
 .0 revise laws. ^^ submitted to tho Gcucral Assembly, at its 
 first meeting, for its action thereon ; and each 
 of said commissioners shall receive a com- 
 
Art. 3.] State of Maryland. 55 
 
 pensation of five hundred dollars . for his ser- 
 vices, as such commissioner. 
 
 All Charters granted, or adopted, in pur- charters may 
 suance of this section, and all Charters here- 
 tofore granted and created, subject to repeal 
 or modification, may be altered, from time to 
 time, or be repealed ; provided, nothing herein 
 contained shall be construed to extend to 
 Banks, or the incorporation thereof. 
 
 Sec. 49. The General Assembly shall have ^ffjjjj^^^" ^^ 
 power to regulate by Law, not inconsistent 
 with this Constitution, all matters which re- 
 late to the Judges of election, time, place and 
 manner of holding elections in this State, and 
 of making returns thereof. 
 
 Sec. 50. It shall be the duty of the General Bribery. 
 Assembly, at its first session, held after the 
 adoption of this Constitution, to provide by 
 Law for the punishment, by fine, or imprison- 
 ment in the Penitentiary, or both, in the dis- 
 cretion of the Court, of any person, who shall 
 bribe, or attempt to bribe, any Executive, or 
 Judicial officer of the State of Maryland, 
 or any member, or officer of the General 
 Assembly of the State of Maryland, or of 
 any Municipal Corporation in the State of 
 Maryland, or any Executive officer of such 
 corporation, in order to influence him in the 
 performance of any of his official duties ; and, 
 also, to provide by Law for the punishment. Punishment. 
 by fine, or imprisonment in the Penitentiary, 
 or both, in the discretion of the Court, of 
 
56 
 
 Constitution of the 
 
 [Art. 3, 
 
 Evidence. 
 
 Disqualifica- 
 tion. 
 
 Taxation of 
 personal pro- 
 perty. 
 
 Appropriations 
 for private 
 claims. 
 
 any of said officers, or members, wlio shall 
 demand, or receive any bribe, fee, reward, or 
 testimonial, for the performance of his official 
 duties, or for neglecting, or failing to perform 
 the same; and, also, to provide by Law for 
 ' compelling any person, so bribing, or attempt- 
 ing to bribe, or so demanding, or receiving a 
 bribe, fee, reward, or testimonial, to testify 
 against any person, or persons, who may have 
 committed any of said offences ; provided, that 
 any person, so compelled to testify, shall be 
 exempted from trial and punishment for the 
 offence, of which he may have been guilty; 
 and any person, convicted of such offence, 
 shall, as part of the punishment thereof, be 
 forever disfranchised and disqualified from 
 holding any office of trust, or profit, in this 
 State. 
 
 Sec. 51. The personal property of residents 
 of this State, shall be subject to taxation in 
 the county, or city, where the resident bona 
 fide resides for the greater part of the year, 
 for which the tax may, or shall be levied, 
 and not elsewhere, except goods and chattels 
 permanently located, which shall be taxed in 
 the City, or County where they are so located. 
 
 Sec. 52. The General Assembly shall ap- 
 propriate no money out of the Treasury for 
 payment of any private claim against the 
 State exceeding three hundred dollars, unless 
 said claim shall have been first presented to 
 the Comptroller of the Treasury, together 
 
Art. 3.] State of Maryland. ^7 
 
 with the proofs upon which the same is 
 founded, and reported upon by him. 
 
 Sec. 53. No person shall be incompetent, £*°^;coior. 
 as a witness, on account of race or color, 
 unless hereafter so declared by Act of the 
 General Assembly. 
 
 Sec. 54. No County of this State shall con- no county to 
 
 •/ contract debt 
 
 tract any debt, or obligation, in the construe- ^"^J^^^^ *"t^"^- 
 tion of any Kailroad, Canal, or other Work of 
 Internal Improvement, nor give, or loan its 
 credit to, or in aid of any association, or cor- 
 poration, unless authorized by an Act of the 
 General Assembly, which shall be published 
 for two months before the next election for 
 members of the House of Delegates in the 
 newspapers published in such County, and 
 shall also be approved by a majority of all 
 the members elected to each House of the 
 General Assembly at its next Session after 
 said election. 
 
 Sec. 55. The General Assembly shall pass Habeas corpus. 
 no Law suspending the privilege of the Writ 
 of Habeas Corpus. 
 
 Sec. 56. The General Assembly shall have i-ays ^ execute 
 power to pass all such Laws as may be neces- 
 sary and proper for carrying into execution 
 the powers vested, by this Constitution, in any 
 Department, or office of the Government, and 
 the duties imposed upon them thereby. 
 
 Sec. 57. The Legal Rate of Interest shall be Rate of interest. 
 
 ® , 13Md.202. 
 
 six per cent, per annum ; unless otherwise pro- 
 vided by the General Assembly. 
 
58 
 
 Constitution of the 
 
 [Art. 4. 
 
 Foreign Corpo- 
 rations to be 
 taxed. 
 
 Pension system 
 abolished. 
 
 Sec. 58. The Legislature at its first session 
 after the ratification of this Constitution shall 
 provide by Law for State and municipal tax- 
 ation upon the revenues accruing from busi- 
 ness done in the State by all foreign corpo- 
 rations. 
 
 Sec. 59. The office of " State Pension Com- 
 missioner" is hereby abolished; and the 
 Legislature shall pass no law creating such 
 office, or establishing any general pension 
 system within this State. 
 
 AETICLE IV. 
 
 Judiciary Department. 
 
 Part I — General Provisions. 
 
 The Judicial 
 
 Power how 
 
 vested. 
 
 8 Md. 227; 17 
 
 Md.331; 22 
 
 491. 
 
 Courts of 
 Record. 
 
 Justices of the 
 Peace. 
 
 Section 1. The Judicial power of this State 
 shall be vested in a Court of Appeals, Circuit 
 ^^- Courts, Orphans' Courts, such Courts for the 
 City of Baltimore as are hereinafter provided 
 for, and Justices of the Peace ; all said Courts 
 shall be Courts of Record, and each shall 
 have a seal to be used in the authentication 
 of all process issuing therefrom. The process 
 and official character of Justices of the Peace 
 shall be authenticated as hath heretofore been 
 practiced in this State, or may hereafter be 
 prescribed by Law. 
 
Art. 4.] State of Maryland. 59 
 
 Sec. 2. The Judges of all of the said Courts Qnaiincatious 
 
 " of Judges. 
 
 shall be citizens of the State of Maryland, and 
 qualified voters under this Constitution, and 
 shall have resided therein not less than five 
 years, and not less than six months next 
 preceding their election, or appointment, in 
 the Judicial Circuit, as the case may be, for 
 which they may be, respectively, elected, oi 
 appointed. They shall be not less than thirty 
 years of age at the time of their election, or 
 appointment, and shall be selected from those 
 who have been admitted to practice Law in 
 this State, and who are most distinguished 
 for integrity, wisdom and sound legal know- 
 ledge. 
 
 Sec. 3. The Judges of the said several Kiecuonsof 
 Courts shall be elected in the Counties by the 
 qualified voters in their respective Judicial 
 Circuits, as hereinafter provided, at the gene- 
 ral election to be held on the Tuesday after 
 the first Monday in November next, and in 
 the city of Baltimore, on the fourth Wednes- 
 day of October next. Each of the said Judges 
 shall hold his office for the term of fifteen Termofoffice. 
 years from the time of his election, and until 
 his successor is elected and qualified, or until 
 he shall have attained the age of seventy 
 years, whichever may first happen, and be 
 re-eligible thereto until he shall have attained 
 the age of seventy years, and not after; but 
 in case of any Judge, who shall attain the age 
 of seventy years whilst in office, such Judge 
 
60 
 
 Constitution of the 
 
 [Akt. 4. 
 
 Retiring 
 Judges for 
 inability. 
 
 Removal of 
 Judges for 
 incompetency, 
 &c. 
 
 Governor to 
 appoint in case 
 of vacancy. 
 
 may be continued in office by the General As- 
 sembly for such further time as they may 
 think j&t, not to exceed the term for which he 
 was elected, by a Eesolution to be passed at 
 the session next preceding his attaining said 
 age. In case of the inability of any of said 
 Judges to discharge his duties with efficiency, 
 by reason of continued sickness, or of physical 
 or mental infirmity, it shall be in the power 
 of the General Assembly, two-thirds of the 
 members of each House concurring, with the 
 approval of the Governor, to retire said Judge 
 from office. 
 
 Sec. 4. Any Judge shall be removed from 
 office by the Governor, on conviction in a 
 Court of Law, of incompetency, of wilful 
 neglect of duty, misbehaviour in office, or 
 any other crime, or on impeachment, accord- 
 ing to this Constitution, or the Laws of the 
 State; or on the address of the General As- 
 sembly, two-thirds of each House concurring 
 in such address, and, the accused having been 
 notified of the charges against him, and hav- 
 ing had opportunity of making his defence. 
 
 Sec. 5. After the election for Judges, to be 
 held as above mentioned, upon the expiration 
 of the term, or in case of the death, resigna- 
 tion, removal, or other disqualification of any 
 Judge, the Governor shall appoint a person 
 duly qualified to fill said office, who shall 
 hold the same until the next general election 
 for members of the General Assembly, when 
 
Art. 4.] State oe Maryland. 61 
 
 a successor shall be elected,, whose tenure of 
 office shall be the same, as hereinbefore pro- 
 vided ; but if the vacancy shall occur in the 
 city of Baltimore, the time of election shall be 
 the fourth Wednesday in October following. 
 
 Sec. 6. All Jud2:es shall, by virtue of their judges to be 
 
 ^ *' Conservators 
 
 offices, be Conservators of the Peace through- of the peace. 
 out the State ; and no fees, or perquisites, No^fees to 
 commission, or reward of any kind, shall be ^.^^'^-^^^ ^*^^- 
 allowed to any Judge in this State, besides 
 his annual salary, for the discharge of any 
 Judicial duty. 
 
 Sec. 7. No Jud^e shall sit in any case judges dis- 
 
 1 . 1 1 . T 1.1 qualified. 
 
 wherem he may be mterested, or where either 1552, c. 263; 22 
 
 •^ ' ^ ^ Md. 458. 
 
 of the parties may be connected with him, by 
 affinity or consanguinity, within such degrees 
 as now are, or may hereafte]; be prescribed 
 by Law, or where he shall have been of coun- 
 sel in the case. 
 
 Sec. '8. The parties to any cause may sub- Tnai without 
 mit the same to the Court for determination, 
 without the aid of a jury ; and the Judge, or 
 Judges of any Court of this State, except the 
 Court of Appeals, shall order and direct the 
 Kecord of proceedings in any suit, or action, 
 issue, or petition, presentment, or indictment, 
 pending in such Court, to be transmitted to Removal of 
 some other Court, (and of a different Circuit, nL&j.270; 2 
 if the party applying shall so elfect,) having 3?o; Tm^'g^: 
 
 ..,,., 7 Md. 135 ; 8 Md. 
 
 jurisdiction in such cases, whenever any party if 'mV.^5;^1o 
 to such cause, or the counsel of any party, le?; swV isS, c! 
 shall make a suggestion, in writing, supported 
 6 
 
62 
 
 Constitution of the 
 
 [Art. 4 
 
 Officere of 
 Court, Jiow 
 appointed. 
 
 ODmpcnsation. 
 
 Judges to 
 investigate 
 and report. 
 
 Clerks to keep 
 Records. 
 
 by the affidavit of such party, or his counsel, 
 or other proper evidence, that the party can- 
 not have a fair or impartial trial in the 
 Court, in which such suit, or action, issue, or 
 petition, presentment, or indictment is pend- 
 ing, or when the Judges of .said Court shall be 
 disqualified, under the provisions of this Con- 
 stitution, to sit in any such suit, action, issue 
 or petition, presentment, or indictment; and 
 the General Assembly shall make such modi- 
 fications of existing Law as may be necessary 
 to regulate and give force to this provision. 
 
 Sec. 9. The Judge, or Judges of any Court, 
 may appoint such officers for their respective 
 Courts as may be found necessary ; and such 
 officers of the Courts in the City of Balti- 
 more shall be appointed by the Judges of the 
 Supreme Bench of Baltimore City. It shall 
 be the duty of the General Assembly to pre- 
 scribe, by Law, a fixed compensation for all 
 such officers ; and said Judge, or Judges shall, 
 from time to time, investigate the 'expenses, 
 costs and charges of their respective courts, 
 with a view to a change or reduction thereof, 
 and report the result of such investigation to 
 the General Assembly for its action. 
 
 Sec. 10. The Clerks of the several Courts, 
 created, or continued by this Constitution, 
 shall have charge and custody of the records 
 and other papers, shall perform all the duties, 
 and be allowed the fees, which appertain to 
 their several offices, as the same now are, or 
 
Art. 4.] State of Maryland. 63 
 
 may hereafter be regulated by Law. And tbe 
 office and business of said Clerks, in all their 
 departments, shall be subject to the visitorial 
 power of the Judges of their respective Courts, Jjj^^''^ 
 who shall exercise the same, from time to 
 time, so as to insure the faithful performance 
 of the duties of said offices ; and it shall be 
 the duty of the Judges of said Courts respec- 
 tively, to make, from time to time, such rules Ro^^^forthe 
 and regulations as may be necessary and pro- 
 per for the government of said Clerks, and 
 for the performance of the duties of their 
 offices, which shall have the force of Law 
 until repealed, or modified by the General 
 Assembly. 
 
 Sec. 11. The election for Judges, herein- Eiectiou 
 
 Returns. 
 
 before provided, and all elections for Clerks, i8*3,c.i34, 
 Registers of Wills, and other officers, pro- 
 vided in this Constitution, except State's At- 
 torneys, shall be certified, and the returns 
 made, by the Clerks of the Circuit Courts of 
 the Counties, and the Clerk of the Superior 
 Court of Baltimore city, respectively, 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, the person having the 
 greatest number of votes, shall be declared piaraii<y vote. 
 to be elected. 
 
 Sec. 12. If in any case of election for case of tw. 
 Judges, Clerks of the Courts of Law, and Reg- 
 isters of Wills, the opposing candidates shall 
 
64 
 
 Constitution of the 
 
 [Art. 4. 
 
 Coutested 
 Elections. 
 
 New Election. 
 
 Style of Com- 
 missions. 
 Grants and 
 Writs. 
 
 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 Gov- 
 ernor shall send the returns to the House of 
 Delegates, which shall judge of the election 
 and qualification of the candidates at such 
 election ; and if the judgment shall be against 
 the one who has been returned elected, or the 
 one who* has been commissioned by the Gov- 
 ernor, the House of Delegates shall order a 
 new election within thirty days. 
 
 Sec. 13. All Public Commissions and Grants 
 shall run thus : " The State of Maryland,. &c.," 
 and shall be signed by the Governor, with the 
 Seal of the State annexed ; all writs and pro- 
 cess shall run in the same style, and be tested, 
 sealed and signed, as heretofore, or as may 
 hereafter be, provided by Law ; and all indict- 
 ments shall conclude, " against the peace, gov- 
 ernment and dignity of the State." 
 
 Part II. Court op Appeals. 
 
 (Domposed of 
 eight Judges. 
 
 Chief Judge; 
 how desig- 
 nated. 
 
 Sec. 14. The Court of Appeals shall be 
 composed of the Chief Judges of the first 
 seven of the several Judicial Circuits of the 
 State, and a Judge from the City of Baltimore 
 specially elected thereto, one of whom shall 
 be designated by the Governor, by and with 
 the advice and consent of the Senate^ as the 
 Chief Judge: and in all cases, until action 
 
Art. 4.] State of Maryland. 65 
 
 by the Senate can be had, the Judge so desig- 
 nated by the Governor, shall act as Chief 
 Judge. The Judge of the Court of Appeals 
 from the City of Baltimore shall be elected Ju^ge for Bait. 
 
 •z City. 
 
 by the qualified voters of said City, at the elec- 
 tion of Judges to be held therein, as herein- 
 before provided ; and in addition to his duties, 
 as Judge of the Court of Appeals, shall 'per- ms duties. 
 form such other duties as the General Assem- 
 bly shall prescribe. The jurisdiction of said Jurisdiction 
 Court of Appeals shall be co-extensive with i8Md.202. 
 the limits of the State, and such as now is, or 
 may hereafter be prescribed by Law. It shall 
 hold its sessions in the city of Annapolis, on 
 the first Monday in April, and the first Mon- 
 day in October, of each and every year, or at 
 such other times as the General Assembly 
 may, by Law, direct. Its sessions shall con- 
 tinue not less than ten months in the year, if nSand 
 the business before it shall so require ; and it 1852, c 
 shall be competent for the Judges, tempora- 
 rily, to transfer their sittings elsewhere, upon 
 suflficient cause. 
 
 Sec. 15. Four of said Judges shall consti- Four a 
 tute a quorum; no cause shall be decided * 
 without the concurrence of at least three ; but 
 the Judfire who heard the cause below, shall Judge beiow 
 
 ^ ^ ' not to sit. 
 
 not participate in the decision ; in every case 
 an opinion, in writing, shall be filed within 
 three months after the argument, or submis- opinions in 
 
 , /» 1 tliree months. 
 
 sion of the cause; and the judgment of the 
 Court shall be final and conclusive; and all 
 
 Sessions bien- 
 
 for 
 Ten months. 
 
66 COI^STITUTION OF THE [ArT. 4. 
 
 Hearing at first casGS shall staiid for hearing at the first term 
 
 20Md.68. after the transmission of the Eecord. 
 
 Re^if Sec. 16. Provision shall be made by Law 
 
 l8S:re8.1:^^' for publishing Eeports of all causes, argued 
 
 and determined in the Court of Appeals, 
 
 which the Judges shall designate as proper 
 
 for publication. 
 
 Clerk to be Sec. 17. Thcrc shall be a Clerk of the Court 
 
 elected. 
 
 of Appeals, who shall be elected by the legal 
 and qualified voters of the State, who shall 
 hold his office for six years, and until his suc- 
 cessor is duly qualified; he shall be subject to 
 
 Renwvaj. Tcmoval by the said Court for incompetency, 
 neglect of duty, misdemeanor in office, or such 
 other cause, or causes, as may be prescribed 
 
 Vacancy. by Law ,* aud in case of a vacancy in the office 
 
 of said Clerk, the Court of Appeals shall 
 appoint a Clerk of said Court, who shall hold 
 his office until the election and qualification 
 of his successor, who shall be elected at the 
 next general election for members of the Gene- 
 ral Assembly ; and the person, so elected, shall 
 hold his office for the term of six years from 
 the time of election. 
 
 App^u'" S^^- ^^' ^^ ^^^^^ ^® *^^ ^^^J ^^ *^^ Judges 
 
 of the Court of Appeals, as soon after their 
 election, under this Constitution, as practi- 
 cable, to make and publish rules and regula- 
 tions for the prosecution - of appeals to said 
 appellate court, whereby they shall prescribe 
 the periods within which appeals may be 
 taken, what part or parts of the proceedings 
 
Art. 4.] State of Maryland. 67 
 
 in the Court below shall constitute the record The Record. 
 on appeal, and the manner in which such 
 appeals shall be brought to hearing or deter- 
 mination, and shall regulate, generally, the 
 practice of said Court of Appeals, so as to P'^'^tice. 
 prevent delays, and promote brevity in all 
 records and proceedings brought into said 
 Court, and to abolish and avoid all unneces- 
 sary costs and expenses in the prosecution of costs. 
 appeals therein; and the said Judges shall 
 make such reductions in the fees and expenses ^^f^<^"«"°f 
 of the said Court, as they may deem advisable. 
 It shall also be the duty of said Judges of the 
 Court of Appeals, as soon after their election 
 as practicable, to devise, and promulgate by 
 rules, or orders, forms and modes of framing Rules in 
 
 ' ' tD Equity. 
 
 and filing bills, answers, and other proceed- 
 ings and pleadings in Equity ; and also forms , 
 and modes of taking and obtaining evidence, 
 to be used in Equity cases ; and to revise and 
 regulate, generally, the practice in the Courts 
 of Equity of this State, so as to prevent 
 delays, and to promote brevity and concise- 
 ness in all pleadings and proceedings therein, 
 and to abolish all unnecessary costs and ex- 
 penses attending the same. And all rules 
 and regulations hereby directed to be made, 
 shall, when made, have the force of Law, until 
 rescinded, changed, or modified by the said 
 Judges, or the General Assembly. 
 
68 
 
 Constitution of the 
 
 [Art. 4. 
 
 Part III — Circuit Courts. 
 
 Eight Judicial 
 Circuits. 
 
 A Court in each 
 county. ♦ 
 
 Jurisdiction 
 
 1852, c. 16,31,75, 
 
 111 
 
 344; 1853, C.181 
 
 238,406. 
 
 Chief Judge 
 and two Asso- 
 ciates. 
 
 Sec. 19. The State shall be divided into 
 eight Judicial Circuits, in manner following, 
 viz : the Counties of Worcester, Somerset and 
 Dorchester, shall constitute the First Circuit; 
 the Counties of Caroline, Talbot, Queen Anne's, 
 Kent and Cecil, the Second; the Counties of 
 Baltimore and Harford, the Third ; the Coun- 
 ties of Allegany and Washington, the Fourth ; 
 the Counties of Carroll, Howard and Anne 
 Arundel, the Fifth; the Counties of Mont- 
 gomery and Frederick, the Sixth; the Coun- 
 ties of Prince George's, Charles, Calvert and 
 St. Mary's, the Seventh; and Baltimore City, 
 the Eighth. 
 
 Sec. 20. A Court shall be held in each 
 County of the State, to be styled the Circuit 
 Court for the County, in which it may be 
 held. The said Circuit Courts shall have and 
 exercise, in the respective Counties, all the 
 power, authority and jurisdiction, original and 
 219^336; appellate, which the present Circuit Courts of 
 this State now have and exercise, or which 
 may hereafter be prescribed by Law. 
 
 Sec. 21. For each of the said Circuits (ex- 
 cepting the Eighth,) there shall be a Chief 
 Judge, and two Associate Judges, to be styled 
 Judges of the Circuit Court, to be elected or 
 appointed, as herein provided. And no two 
 of said Associa4:e Judges shall, at the time of 
 
Aet. 4.] State of Maryland. 69 
 
 *their election, or appointment, or during the 
 
 term, for which they may have been elected, 
 
 or appointed, reside in the same County. If Residence. 
 
 two or more persons shall be candidates for 
 
 Associate Judge, in* the same County, that 
 
 one only ill said County shall be declared 
 
 elected, who has the highest number of votes 
 
 in the Circuit. In case any two candidates 
 
 for Associate Judge, residing in the same 
 
 County, shall have an. equal number of votes, case of tie. 
 
 greater than any other candidate for Associate 
 
 Judge, in the Circuit, it shall be the duty of 
 
 the Governor to order a new election for one 
 
 Associate Judge; but the person, residing in 
 
 any other County of the Circuit, and who has 
 
 the next highest number of votes shall be 
 
 declared elected. The said Judges shall hold 
 
 not less than two terms of the Circuit Court two Terms a 
 
 year. 
 
 in each of the Counties, composing their re- 
 spective Circuits, at such times as are now, or 
 may hereafter be prescribed, to which Jurors 
 shall be summoned; and in those Counties 
 where only two such Terms are held, two other 
 and intermediate Terms, to which Jurors shall intermediate 
 
 Terms. 
 
 not be summoned; they may alter or fix the 
 times for holding any, or all Terms until other- 
 wise prescribed, and shall adopt Eules to the 
 end that all business not requiring the inter- 
 position of a Jury shall be, as far as practi- 
 cable, disposed of at said intermediate Terms. 
 One Judge, in each of the above Circuits, shall one judge may 
 constitute a quorum for the transaction of any 
 
70 
 
 Constitution of the 
 
 [Art. 4. 
 
 business ; and the said Judges, or any of them,' 
 Special Terms, uiaj hold Special Terms of their Courts, when- 
 ever, in their discretion, the business of the 
 several Counties renders such Terms neces- 
 
 Points reserved 
 to be heard in 
 banc. 
 
 sary. 
 
 Sec. 22. Where any Term is h*feld, or trial 
 conducted by less than the whole number of 
 said Circuit Judges, upon the decision, or 
 determination of any point, or question, by 
 the Court, it shall be competent to the party, 
 against whom the ruling or decision is made, 
 upon motion, to have the point, or question 
 reserved for the consideration of the three 
 Judges of the Circuit, who shall constitute a 
 
 Rules therefor. Court lu bauc foY such purposc ; and the mo- 
 tion for such reservation shall be entered of 
 record, during the sitting, at which such deci- 
 sion may be made; and the several Circuit 
 Courts shall regulate, by rules, the mode and 
 • manner of presenting such points, or questions 
 to the Court in banCy and the decision of the 
 said Court in banc shall be the effective decision 
 in the premises, and conclusive, as against the 
 party, at whose motion said points or ques- 
 tions were reserved; but such decision in 
 
 Right of Appeal bauc shall not preclude the right of Appeal, 
 
 not precluded. 
 
 or writ of error to the adverse party, in 
 those cases, civil or criminal, in which ap- 
 peal, or writ of error to the Court of Ap- 
 Not to apply to pcals may be allowed by Law. The right of 
 peacernf cS-^ havlug qucstlous reserved shall not, however, 
 ta£criminaT ^^^^^ ^^ ^^.^j^ ^£ Appcals from judgments of 
 
I 
 
 Art. 4.] State of Maeyland. *71 
 
 Justices of the Peace, nor to criminal cases 
 below the grade of felony, except when the 
 punishment is confinement in the Peniten- 
 tiary; and this Section shall be subject to 
 such provisions as may hereafter be made by 
 Law. 
 
 Sec. 23. The Judges of the respective Cir- ^j^°j^j^4° 
 cuit Courts of this State, and of the* Courts of 
 Baltimore City, shall render their decisions, 
 in all cases argued before them, or submitted 
 for their judgment, within two months after 
 the same shall have been so argued or sub- 
 mitted. 
 
 Sec. 24. The salary of each Chief Jud^e, salaries not to 
 
 •^ ^ ' be diminished. 
 
 and of the Judge of the Court of Appeals 
 from the City of Baltimore shall be three 
 thousand five hundred dollars, and of each 
 Associate Judge of the Circuit Court, shall 
 be two thousand eight hundred dollars per 
 annum, payable quarterly, and shall not be 
 diminished during his continuance in office. 
 
 Sec. 25. There shall be a Clerk of the cierkatobe 
 Circuit Court for each County, who shall be fsS^c. iw, n 
 elected by a plurality of the qualified voters 
 of said County, and shall hold his office for 
 six years from the time of his election, and 
 until his successor is elected and qualified, 
 and be re-eligible, subject to be removed for Removal. 
 wilful neglect of duty, or other misdemeanor c. m.sosi isU 
 
 ■ c. 134 409 444* 
 
 in office, on conviction in a Court of Law. i8«8.«-363. 
 In case of a vacancy in the office of Clerk of a 
 Circuit Court, the Judges of said Court shall 
 
72- 
 
 CoNSTITTJTIOISr OF THE 
 
 [Art. 4. 
 
 Vacancy, 
 1 Md. 374: 
 Md. 101. 
 
 11 
 
 have power to fill such vacancy until the gen- 
 eral election for Delegates to the General As- 
 sembly, to be held next thereafter, when a suc- 
 cessor shall be elected for the term of six years. 
 Sec. 26. The said Clerks shall appoint, 
 subject to the confirmation of the Judges of 
 their respective Courts, as many deputies 
 under them, as the said Judges shall deem 
 necessary, to perform, together with them- 
 selves, the duties of the said office, who shall 
 be removable by the said Judges for incom- 
 petency, or neglect of duty, and whose com- 
 pensation shall be according to existing, or 
 future provisions of the General Assembly. 
 
 Part IY — Courts op Baltimore City. 
 
 Six CJourte. 
 
 Sec. 27. There shall be in the Eighth Judi- 
 cial Circuit, six Courts, to be styled the Su- 
 preme Bench of Baltimore City, the Superior 
 Court of Baltimore City, the Court of Com- 
 mon Pleas, the Baltimore City Court, the Cir- 
 cuit Court of Baltimore City, and the Crimi- 
 nal Court of Baltimore. 
 
 Sec. 28. The Superior Court of Baltimore 
 3U;'is5itib9, City, the Court of Common Pleas, and the 
 
 198, 227, 251, 312, "^ ' ' 
 
 238,'45ifi858,^c: Baltlmorc City Court shall, each, have con- 
 
 13 Md. 314; 14 currcut lurisdiction in all civil common Law 
 
 cases, and, concurrently, all the jurisdiction 
 
 which the Superior Court of Baltimore City 
 
 and the Court of Common Pleas now have, 
 
 Jurisdiction 
 7Md.l35;13Md 
 
Art. 4.] State of Maryland. 73 
 
 except jurisdiction in Equity, and except in 
 applications for the benefit of the Insolvent 
 Laws of Maryland, and in cases of Appeal 
 from judgments of Justices of the Peace in 
 said City, whether civil or criminal, or arising 
 under the ordinances of the Mayor and City 
 Council of Baltimore, of all of which appeal 
 cases the Baltimore City Court shall have 
 exclusive jurisdiction; and the said Court of 
 Common Pleas shall have exclusive jurisdic- 
 tion in all applications for the benefit of the 
 Insolvent Laws of Maryland, and the super- 
 vision and control of the Trustees thereof. 
 
 Sec. 29. The Circuit Court of Baltimore jurisdiction of 
 City shall have exclusive jurisdiction in Equity 5^337; is 
 within the limits of said city, and all such 
 jurisdiction as the present Circuit Court of 
 Baltimore City has ; provided, the said Court 
 shall not have jurisdiction in applications for 
 the writ of habeas corpus in cases of persons 
 charged with criminal offences. 
 
 Sec. 30. The Criminal Court of Baltimore juristiiction of 
 
 Criminal Court. 
 
 shall have and exercise all the jurisdiction, i8g,c.344;i853, 
 
 now held and exercised by the Criminal Court 
 
 of Baltimore, except in such Appeal Cases as 
 
 are herein assigned to the Baltimore City 
 
 Court. 
 
 Sec. 31. There shall be elected by the le^al supreme Bend. 
 
 *^ of Baltimore 
 
 and qualified voters of said City, at the elec- ^*y- 
 tion, hereinbefore provided for, one Chief 
 Judge, and four Associate Judges, who, toge- 
 ther, shall constitute the Supreme Bench of 
 
74 
 
 CoNSTITUTIOISr OF THE 
 
 [Art. 4. 
 
 Term 15 years. 
 
 Salary. 
 
 Assignment of 
 Judges. 
 
 May be 
 changed from 
 time to time. 
 
 Baltimore City, and shall hold their offices for 
 the term of fifteen years, subject to the provi- 
 sions of this Constitution with regard to the 
 election and qualifications of Judges, and their 
 removal from office, and shall exercise the 
 jurisdiction, hereinafter specified, and shall 
 each receive an annual salary of three thou- 
 sand five hundred dollars, payable quarterly, 
 which shall not be diminished during their 
 term of office; but authority is hereby given 
 to the Mayor and City Council of Baltimore 
 to pay to each of the said Judges an annual 
 addition of five hundred dollars to their re- 
 spective salaries; provided, that the same, 
 being once granted, shall not be diminished, 
 nor increased, during the contijiuance of said 
 Judges in office. 
 
 Sec. 32. It shall be the duty of the said 
 Supreme Bench of Baltimore City, as soon as 
 the Judges thereof shall be elected and duly 
 qualified, and from time to time, to provide 
 for the holding of each of the aforesaid Courts, 
 by the assignment of one, or more of their 
 number to each of the said Courts, who may 
 sit either, separately, or together, in the trial 
 of cases; and the said Supreme Bench of Bal- 
 timore City may, from time to time, change 
 the said assignment, as circumstances may re- 
 quire, and the public interest may demand; 
 and the Judge, or Judges, so assigned to the 
 said several Courts, shall, when holding the 
 same, have all the powers and exercise all the 
 
Akt. 4.] State of Majiyland. 75 
 
 jurisdiction, which .may belong to the Court Jurisdiction. 
 
 so being held; and it shall also be the duty 
 
 of the said Supreme Bench of Baltimore City, 
 
 in case of the sickness, absence, or disability sickness, . 
 
 absence. &c. 
 
 of any Judge or Judges, assigned as afore- 
 said, to provide for the hearing of the cases, 
 or transaction of the business assigned to said 
 Judge, or Judges, as aforesaid, before some 
 one, or more of the Judges of said Court. 
 
 Sec. 33. The said Supreme Bench of Balti- General Terms. 
 more City shall have power, and it shall be 
 its duty, to provide for the holding of as many 
 general Terms as the performance of its duties 
 may require, such general Terms to be held 
 by not less than three Judges; to make all 
 needful rules and regulations for the conduct Rules to be 
 of business in each of the said Courts, during 
 the session thereof, and in vacation,, or in 
 Chambers, before any of said Judges; and 
 shall also have jurisdiction to hear and de- 
 termine all motions for a new trial in cases jurisdiction 
 tried in any of said Courts, where such mo- ''°'"'' ""'' 
 tions arise either, on questions of fact, or for 
 misdirection upon any matters of Law, and 
 all motions in arrest of judgment, or upon 
 any matters of Law determined by the said 
 Judge, or Judges, while holding said several 
 Courts ; and the said Supreme Bench of Bal- 
 timore City shall make all needful rules and 
 regulations for the hearing before it of all 
 of said matters ; and the same right of appeal Right of 
 to the Court of Appeals shall be allowed from 
 
76 
 
 Constitution of the 
 
 [Art. 4. 
 
 No appeal on 
 decisions on 
 appeal from 
 Justices of the 
 
 Test of Writs. 
 
 Quorum three 
 Judges. 
 
 Cases pending 
 to be proceeded 
 with. 
 
 the determination of the said Court on such 
 matters, as would have been the right of the 
 parties if said matters had been decided by 
 the Court in which said cases were tried. 
 
 Sec. 34. No appeal shall lie to the Supreme 
 Bench of Baltimore City from the decision of 
 the Judge, or Judges, holding the Baltimore 
 City Court, in case of appeal from a Justice 
 of the Peace ; but the decision by said Judge, 
 or Judges, shall be final; and all writs and 
 other process issued out of either of said 
 Courts, requiring attestation, shall be attested 
 in the name of the Chief Judge of the said 
 Supreme Bench of Baltimore City. 
 
 Sec. 35. Three of the Judges of said Su- 
 preme Bench of Baltimore City, shall consti- 
 tute a quorum of said Court. 
 
 Sec. 36. All causes depending, at the adop- 
 tion of this Constitution, in the Superior Court 
 of Baltimore City, the Court of Common Pleas, 
 the Criminal Court of Baltimore, and the Cir- 
 cuit Court of Baltimore City shall be pro- 
 ceeded in, and prosecuted to final judgment, 
 or decree, in the Courts, respectively, of the 
 same name established by this Constitution, 
 except cases belonging to that class, jurisdic- 
 tion over which is by this Constitution trans- 
 ferred to the Baltimore City Court, all of 
 which shall, together with all cases now pend- 
 ing in the City Court of Baltimore, be pro- 
 ceeded in, and prosecuted to final judgment 
 in said Baltimore City Court. 
 
Aet. 4.] State of Maryland. 77 
 
 Sec. 37. There shall be a Clerk of each of cjerks to be 
 
 elected by the 
 
 the said Courts of Baltimore City, except the ^^''^'^^^ 
 Supreme Bench, who shall be elected by the 
 legal and qualified voters of said City, at the 
 election to be held in said city on the Tuesday 
 next after the First Monday of November, in 
 the year eighteen hundred and sixty-seven, 
 and shall hold his office for six years from the Term e year* 
 time of his election, and until his successor 
 is elected and qualified, and be re-eligible 
 thereto, subject to be removed for wilful' ne- 
 glect of duty, or other misdemeanor in office, 
 on conviction in a Court of Law. The salary » •'^"e'* ^3,500. 
 of each of the said Clerks shall be thirty-five 
 hundred dollars a year, payable only out of 
 the fees and receipts collected by the Clerks 
 of said City, and they shall be entitled to no Perquisites nat 
 
 *' ' *' allowed. 
 
 other perquisites, or compensation. In case of 
 a vacancy in the office of Clerk of any of said vacancy. 
 Courts, the Judges of said Supreme Bench 
 of Baltimore City shall have power to fill 
 such vacancy until the general election of 
 Delegates to the General Assembly, to be 
 held next thereafter, when a Clerk of said 
 Court shall be elected to serve for six years 
 thereafter; and the provisions of this Article 
 in relation to the appointment of Deputies by 
 the Clerks of the Circuit Courts in the Coun- 
 ties shall apply to the Clerks of the Courts in 
 Baltimore City. 
 Sec. 38. The Clerk of the Court of Common Authority of 
 
 Clerks of Com- 
 
 Pleas shall have authority to issue within said TrerlirSourl 
 
78. CoNSTiTUTioi<r of the [Art. 4. 
 
 City, all marriage and other licenses required 
 by Law, subject to such provisions as are now, 
 or may be prescribed by Law. The Clerk of 
 the Superior Court of said City shall receive 
 and record all Deeds, Conveyances, and other 
 papers, which are, or may be required by 
 Law, to be recorded in said City. He shall 
 also have custody of all 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 rela- 
 tion to the City of Baltimore, and shall also 
 discharge the duties of Clerk to the Supreme 
 Bench of Baltimore City, unless otherwise 
 provided by Law. 
 Another Court Sec. 39. Thc Geucral Assembly shall, when- 
 ever it may think the same proper and expe- 
 dient, provide, by Law, another Court for the 
 City of Baltimore, and prescribe its jurisdic- 
 tion and powers ; in which case there shall be 
 elected by the voters of said City, qualified 
 under this Constitution, another Judge of the 
 Supreme Bench of Baltimore City, who shall 
 be subject to the same constitutional provi- 
 sions, hold his office for the same term of 
 years, receive the same compensation, and 
 have the same powers, as are herein provided 
 for the Judges of said Supreme Bench of Bal- 
 timore City ; and all of the provisions of this 
 Constitution relating to the assignment of 
 Judges to the Courts, now existing in said 
 City, and for the dispatch of business therein, 
 
 in Baltimore 
 
 City. 
 
 1853, c. 122, 391. 
 
 1867, c. 401- 
 
Art. 4.] State of Maryland. 7-9 
 
 shall apply to the Court, for whose creation 
 provision is made by this Section. And the 
 General Assembly may reapportion, change, Reapportion- 
 
 ... o 1 1 ^^^^ ^^ Juris- 
 
 or enlarge the jurisdiction oi the several ^^JiJecoifrts" 
 Courts in Baltimore City. Until otherwise 
 provided by Law, the Clerk of the Superior 
 Court of Baltimore City, of the Court of Com- 
 mon Pleas, of the Circuit Court of Baltimore 
 City, of the Baltimore City Court, and of the 
 Criminal Court of Baltimore, shall each give 
 Bond in such penalty as is now prescribed, by cierks' bodos. 
 Law, to be given by the Clerks of the Courts, 
 bearing the same names, under the present 
 Constitution. 
 
 Part Y— Orphans' Courts. 
 
 Sec. 40. The qualified voters of the City of Three judges. 
 Baltimore, and of the several Counties, shall 
 on the Tuesday next after the first Monday in 
 November next, and on the same day in every 
 fourth year thereafter, elect three men to be Term four 
 
 years. 
 
 Juds-es of the Orphans' Courts of said City i852,c.2o,48,62, 
 
 ^ -^ , *^ 73, 139, 247, 290, 
 
 and Counties, respectively, who shall be citi- uil^i^'ka,'^!: 
 zens of the State, and residents for the twelve 
 months preceding, in the City, or County, for 
 which they may be elected. They shall have 
 all the powers now vested in the Orphans' Jurisdiction. 
 J^ourts of the State, subject to such changes 
 as the Legislature may prescribe. Each of 
 said Judges shall be paid a per diem for the per Diem. 
 
80 
 
 Constitution of the 
 
 [Akt. 4. 
 
 Vacancy. 
 
 Register of 
 Wills. 
 14 Md. 40. 
 
 Term six years. 
 
 Vacancy. 
 
 time they are actually in session, to be regu- 
 lated by Law, and to be paid by the said 
 City, or Counties respectively. In case of a 
 vacancy in the office of Judge of the Orphans' 
 Court, the Governor shall appoint, subject to 
 confirmation, or rejection by the Senate, some 
 suitable person to fill the same for the residue 
 of the term. 
 
 Sec. 41. There shall be a Eegister of Wills 
 in each county of the State, and the city of 
 Baltimore, to be elected by the legal and 
 qualified voters of said counties and city, re- 
 spectively, who shall hold his office for six 
 years from the time of his election, and until 
 his successor is elected and qualified ; he shall 
 be re-eligible, and subject at all times to re- 
 moval for wilful neglect of duty, or misde- 
 meanor in office in the same manner that the 
 Clerks of the Courts are removable. In the 
 event of any vacancy in the office of Register 
 of Wills, said vacancy shall be filled by the 
 Judges of the Orphans' Court, in which such 
 vacancy occurs, until the next general election 
 for Delegates to the General Assembly, when 
 a Register shall be elected to serve for six 
 years thereafter. 
 
 Part *YI — Justices op the Peace. 
 
 Governortoap. ^^^' ^^^ ^hc Govcmor, by aud with the 
 point Justices, ^^^[qq ^ud couscut of thc Senate, shall ap- 
 
Art. 4.] State of Maryland. 81 
 
 point sucli number of Justices of the Peace, 
 and the County Commissioners of the several 
 counties, and the Mayor and City Council of 
 Baltimore, respectively, shall appoint such 
 number of Constables, for the several Elec- nSonersTnd 
 
 Mayor to ap- 
 
 tion Districts of the Counties, and Wards of gi'^°^ ^'''''*^ 
 the City of Baltimore, as are now, or may J^S^/isti.^c^^' 
 hereafter be prescribed by Law; and Justices 
 of the Peace and Constables, so appointed, 
 shall be subject to removal by the Judge, or R«i»o^ai. 
 Judges, having criminal jurisdiction in the 
 county, or city, for incompetency, wilful ne- 
 glect of duty, or misdemeanor in office, on 
 conviction in a Court of Law.* The Justices 
 of the Peace and Constables, so appointed, 
 and commissioned, shall be Conservators of 
 the Peace, shall hold their office for two years, yZTs.^^^"" 
 and shall have such jurisdiction, duties and i852't!l76?239; 
 compensation, subject to such right of appeal, l^^zf/^e-'bm. 
 in all cases, from the judgment of Justices of 
 the Peace, as hath been heretofore exercised, 
 or shall be hereafter prescribed by Law. 
 
 Sec. 43. In the event of a vacancy in the vacancies. 
 
 A 1 -r. 1 A 14 Md. 215; 15 
 
 office of a Justice of the Peace, the Governor m^. 376; iseo, 
 
 ' 0.7. 
 
 shall appoint a person to serve, as Justice of 
 the Peace, for the residue of the term ; and in 
 case of a vacancy in the office of Constable, 
 the County Commissioners of the county in 
 which the vacancy occurs, or the Mayor and 
 City Council of Baltimore, as the case may 
 be, shall appoint a person to serve as Consta- 
 ble for the residue of the term. 
 
82 
 
 COI^STITUTION OF THE 
 
 [Art. 4 
 
 Part YII — Sheriffs. 
 
 Election. 
 
 Qualification. 
 2 G. 487. 
 
 Term two 
 
 years. 
 
 Bond. 
 
 Vacancy. 
 
 Coroners, &c. 
 
 Sec. 44. There shall be elected in each 
 county, and in the City of Baltimore, in 
 every second year, one person, resident in 
 said county or city, above the age of twenty- 
 five years, and at least five years preceding 
 his election, a citizen of this State, to the 
 office of Sheriff. He shall hold his office for 
 two years, and until his successor is duly 
 elected and qualified; shall be ineligible for 
 two years thereafter, shall give such bond, 
 exercise such powers, and perform such duties 
 as now are, or may hereafter be fixed by Law. 
 In case of a vacancy by death, resignation, 
 refusal to serve, or neglect to qualify, or give 
 bond, or by disqualification, or removal from 
 the county, or city, the Governor shall ap- 
 point a person to be Sheriff for the remainder 
 of the official term. 
 
 Sec. 45. Coroners, Elisors, and Notaries 
 Public may be appointed for each county, 
 and the city of Baltimore, in the manner, for 
 the purpose, and with the powers now fixed, 
 or which may hereafter be prescribed by 
 Law. 
 
Art. 5.] State of Maryland. 83 
 
 ARTICLE V. 
 
 Attorney General and State's Attorneys. 
 Attorney General. 
 
 Election. 
 
 Section 1. There shall be an Attorney- 
 General elected by the qualified voters of the 
 State, on general ticket, on the Tuesday next 
 after the first Monday in the month of No- 
 vember, Eighteen hundred and sixty-seven, 
 and on the same day, in every fourth year 
 thereafter, who shall hold his office for four Term four 
 years from the time of his election and quali- 
 fication, and until his successor is elected and 
 qualified, and shall be re-eligible thereto, and Removal. 
 shall be subject to removal for incompetency, 
 wilful neglect of duty, or misdemeanor in 
 ofiice, on conviction in a Court of Law. 
 
 Sec. 2. All elections for Attorney-General Returns to be 
 shall be certified to, and returns made thereof Governor. 
 by the Clerks of the Circuit Courts of the seve- 
 ral counties, and the • Clerk of the Superior 
 Court of Baltimore City, to the Governor of the 
 State, whose duty it shall be to decide on the 
 election and qualification of the person return- 
 ed ; and in case of a tie between two or more ^^^^^ ^^ ^.^ 
 persons, to designate which of said persons 
 shall qualify as Attorney General, and to ad- 
 minister the oath of ofiSce to the person elected. 
 
 Sec. 3. It shall be the duty of the Attorney Duties 
 General to prosecute and defend on the part 
 
84 
 
 Constitution of the 
 
 [Art. 5. 
 
 0|>fnions to be 
 given when 
 required. 
 
 Prosecute 
 suits. 
 
 Salary, $3,000. 
 
 Perquisites not 
 allowed. 
 
 Other Counsel 
 not to be 
 employed. 
 
 of the State, all cases, which at the time of 
 his appointment and qualification, and which 
 thereafter may be depending in the Court of 
 Appeals, or in the Supreme Court of the 
 United States, by or against the State, or 
 wherein the State may be interested; and he 
 shall give his opinion in writing whenever 
 required by the General Assembly, or either 
 Branch thereof, the Governor, the Comptrol- 
 ler, the Treasurer, or any State's Attorney, 
 on any legal matter, or subject depending 
 before them, or either of them; and when 
 required by the Governor, or the General As- 
 sembly, he shall aid any State's Attorney in 
 prosecuting any suit or action brought by 
 the State in any Court of this State; and he 
 shall commence and prosecute, or defend, any 
 suit or action in any of said Courts, on the 
 part of the State, which the General Assem- 
 bly, or the Governor, acting according to 
 Law, shall direct to be commenced, prose- 
 cuted or defended; and he shall receive for 
 his services an annual -salary of Three Thou- 
 sand dollars; but he shall not be entitled 
 to receive any fees, perquisites, or rewards, 
 whatever, in addition to the salary aforesaid, 
 for the performance of any official duty ; nor 
 have power to appoint any agent, represen- 
 tative, or deputy, under any circumstances, 
 whatever; nor shall the Governor employ 
 any additional counsel in any case, whatever, 
 unless authorized by the General Assembly. 
 
ral to be notified 
 
 Abt. 5.] State of Makyland. 85 
 
 Sec. 4. No person shall be eligible to the Qualifications. 
 office of Attorney General, who is not a citi- 
 zen of this State, and a qualified voter therein, 
 and has not resided and practiced Law in this 
 State for at least ten years. 
 
 Sec. 5. In case of vacancy . in the office vacancy. 
 of Attorney General, occasioned by death, 
 resignation, removal from the State, or from 
 office, or other disqualification, the said va- 
 cancy shall be filled by the Governor, for the 
 residue of the term thus made vacant. 
 
 Sec. 6. It shall be the duty of the Clerk of Attorney Gene. 
 the Court of Appeals and of the Commis- oV state. 
 sioner of the Land Office, respectively, when- 
 ever a case shall be brought into said Court, 
 or office, in which the State is a party, or has 
 interest, immediately to notify the Attorney- 
 General thereof. 
 
 The State's Attorneys. 
 
 Sec. 7 There shall be an Attorney for the Election. 
 State in each county, and the city of Balti- 
 more, to be styled "The State's Attorney," 
 who shall be elected by the voters thereof, 
 respectively, on the Tuesday next after the 
 first Monday in November in the year 
 eighteen hundred and sixty-seven, and on the 
 same day every fourth year thereafter; and 
 shall hold his office for four years from the Term four years. 
 first Monday in January next ensuing his 
 
86 
 
 Constitution of the 
 
 [Art. 5. 
 
 Removal. 
 
 Iteturns to be 
 made to Crimi- 
 nal Judges. 
 
 Case of tie. 
 
 Deputy in 
 Baltimore City. 
 
 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, or by a vote of two-thirds of 
 the Senate, on the recommendation of the 
 Attorney General. 
 
 Sec. 8. All elections for the State's Attor- 
 ney shall be certified to, and Keturns 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 qualifica- 
 tions 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 Person elected. 
 
 Sec. 9. The State's Attorney shall perform 
 such duties and receive such fees and com- 
 missions as are now, or may hereafter be, pre- 
 scribed 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 ; provided, that the State's Attorney for 
 Baltimore City shall have power to appoint 
 one Deputy, at a salary of not more than 
 Fifteen Hundred dollars per annum, to be 
 paid by the State's Attorney out of the fees 
 of his office, as has heretofore been practiced. 
 
Art. 5.] State of Maryland. 87 
 
 Sec. 10. No person shall be eligible to the Qualifications. 
 office of State's Attorney, who has not been 
 admitted to practice Law in this State, and 
 who has not resided, for at least two years, 
 in the county, or city, in which he may be 
 elected. 
 
 Sec. 11. In case of vacancy in the office of vacancy. 
 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 speci- 
 fied, the said vacancy shall be filled by the 
 Judge of the county, or city, respectively, 
 having criminal jurisdiction, in which said 
 vacancy shall occur, for the residue of the 
 term thus made vacant. 
 
 Sec. 12. The State's Attorney, in each couect 
 county, and the city of Baltimore, shall have 
 authority to collect, and give receipt, in the 
 name of the State, for such sums of money as 
 may be collected by him, and forthwith make 
 return of, and pay over the same, to the pro- 
 per accounting officer. And the State's Attor- 
 ney of each county, and the city of Baltimore, 
 before he shall enter on the discharge of his 
 duties, shall execute a Bond to the State of 
 Maryland, for the faithful performance of his 
 duties, in the penalty of ten thousand dollars, Bond$io 
 with two or more sureties, to be approved by 
 the Judge of the Court, having criminal juris- 
 diction, in said counties or city. 
 
 money 
 for the State. 
 
88 
 
 Constitution of the 
 
 [Art. 6. 
 
 ARTICLE VI. 
 
 Treasury Department. 
 
 Comptroller Section 1. There shall be a Treasury De- 
 
 ana Treasurer. •' 
 
 partment, consisting of a Comptroller, chosen 
 by the qualified electors of the State, at each 
 regular election of members of the House 
 of Delegates, who shall receive an annual 
 Salaries $2,600 sakrj of Two Thousaud Five Hundred dol- 
 4 M.i. 189; 1853, lars I aud a Treasurer to be appointed by the 
 
 c. 403; 1852, c. n i -r • i i 
 
 !•-• two Houses of the Legislature, at each regu- 
 
 lar session thereof, on joint ballot, who shall 
 receive an annual salary of Two Thousand 
 Five Hundred dollars ; and the terms of office 
 of the said Comptroller and Treasurer shall 
 J^e for two years, and until their successors 
 shall qualify ; and neither of the said officers 
 
 Perquisites not shall bc allowcd, or receive any fees, commis- 
 sions or perquisites of any kind, in addition 
 to his salary, for the performance of any duty 
 or services whatsoever. In case of a vacancy 
 in either of the 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, or a choice by the Legislature, as 
 the case may be, and until the qualification 
 of the successor. The Comptroller and the 
 Treasurer shall keep their offices at the seat 
 of Government, and shall take such oath, and 
 
 Terms two 
 years. 
 
 allowed. 
 
 Tacancy. 
 
 Office, 
 
Art. 6.] State of Maryland. 89. 
 
 enter into such bonds for the faithful dis- Bond. 
 charge of their duties, as are now, or may 
 hereafter be, prescribed by Law. 
 
 Sec. 2. The Comptroller shall have the comptrollers 
 general superintendence of the fiscal affairs of 
 the State; he shall digest and prepare plans 
 for the improvement and management of the 
 Revenue, and for the support of the Public 
 Credit; prepare and report estimates of the 
 Revenue and Expenditures of the State; su- Revenue plans. 
 perintend and enforce the prompt collection collection of 
 
 •*• . Taxes. 
 
 of all Taxes and Revenue; adiust and settle, Beiinquem 
 
 ' «^ ' Collectors. 
 
 on terms, prescribed by Law, with delinquent 
 Collectors and Receivers of taxes and State 
 revenue; preserve all Public Accounts; de- 
 cide on the forms of keeping and stating Ac- Forms of 
 
 Accounts. 
 
 counts; grant, under regulations, prescribed 
 
 by Law, all warrants for money to be paid warrants for 
 
 ti ' */ 1. money. 
 
 out of the Treasury, in pursuance of appro- sfo^,J;c^^23tf8?2, 
 priations by Law; and countersign all checks c:82%6?i/Md: 
 drawn by the Treasurer upon any Bank or 
 Banks, in which the moneys of the State may, 
 from time to time, be deposited; prescribe 
 the formalities of the transfer of stock, or 
 other evidence of the State Debt, and coun- 
 tersign the same, without which, such Evi- 
 dence shall not be valid; he shall make to 
 the General Assembly full Reports of all his Reports to 
 
 1 A 1 Aim Legislature. 
 
 proceedings, and of the state of the Treasury 
 Department, within ten days after the com- 
 mencement of each Session ; and perform such 
 other duties as shall be prescribed by Law. 
 
90 
 
 Constitution of the 
 
 [Aet. 6. 
 
 Treasurer's 
 duties. 
 
 Receive and 
 
 deposit 
 
 moneys. 
 
 Banks to giv( 
 Security. 
 
 Disburse- 
 ments. 
 
 Warrants. 
 
 Transfer of 
 Bunds. 
 
 Sec. 3. The Treasurer shall receive the 
 moneys of the State, and, until otherwise pre- 
 scribed by Law, deposit them, as soon as 
 received, to the credit of the State, in such 
 Bank, or Banks, as he may, from time to time, 
 with the approval of the Governor, select, 
 (the said Bank or Banks giving security, 
 satisfactory to the Governor, for the safe keep- 
 ing and forthcoming, when required, of said 
 Deposits,) and shall disburse the same for the 
 purposes of the State, according to Law, upon 
 warrants drawn by the Comptroller, and on 
 checks, countersigned by him, and not other- 
 wise; he shall take receipts for all moneys 
 paid by him; and receipts for moneys re- 
 ceived by him shall be endorsed upon war- 
 rants, signed by the Comptroller; without 
 which Warrants, so signed, no acknowledg- 
 ment of money received into the Treasury 
 shall be valid ; and upon warrants, issued by 
 the Comptroller, he shall make arrangements 
 for the payment of the interest of the Public 
 Debt, and for the purchase thereof on ac- 
 count of the Sinking Fund. Every Bond, 
 Certificate, or other Evidence of the debt of 
 the State, shall be signed by the Treasurer, 
 and countersigned by the Comptroller ; and no 
 new Certificate, or other 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 filed in his ofiice, and the 
 
Aet. 6.] State of Maryland. 91 
 
 transfer accordingly made on the books there- 
 of, and the certificate or other evidence can- 
 celled; but the Legislature may make provi- 
 sions for the loss of certificates, or other evi- loss of bou.is. 
 dences of the debt; and may prescribe by 
 Law, the manner in which the Treasurer shall 
 receive and keep the moneys of the State. 
 
 Sec. 4. The Treasurer shall render his Treasurer 
 
 to render 
 
 Accounts, quarterly, to the Comptroller ; and c^niTvluer, 
 shall publish, monthly, in such newspapers as j;;?^*'' ^^s'"^''" 
 the Governor may direct, an abstract thereof, 
 showing the amount of cash on hand, and the 
 place, or places of deposit thereof; and on 
 the third day of each regular session of the 
 Legislature, 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 Comptrol- 
 ler the inspection of the money in his hands, 
 and perform all other duties that shall be 
 prescribed by Law. 
 
 Sec. 5. The Comptroller shall qualify, and wiiencomp. 
 enter on the duties of his office, on the third ?; quaufj. 
 Monday of January next succeeding the time 
 of his election, or as soon thereafter as practi- 
 cable. And the Treasurer shall qualify within 
 one month after his appointment by the Legis- 
 lature. 
 
 Sec. 6. Whenever during the recess of the Governor may 
 
 ^ remove Comp- 
 
 Legislature charges shall be preferred to the Kur°r? 
 Governor against the Comptroller or Trea- 
 
92 Constitution of the [Aet. 7. 
 
 surer, for incompetency, malfeasance in office, 
 wilful neglect of duty, or misappropriation of 
 the funds of the State, it shall be the duty of 
 the Governor forthwith to notify the party so 
 charged, and fix a day for a hearing of said 
 charges; and if, from the evidence taken, 
 under oath, on said hearing before the Gover- 
 nor, the said allegations shall be sustained, it 
 shall be the duty of the Governor to remove 
 said ofiending officer, and appoint another 
 in his place, who shall hold the office for the 
 unexpired term of the officer so removed. 
 
 AETICLE VII. 
 
 Sundry Officers. 
 
 County Com- Section " 1. Couuty Commissiouers shall be 
 
 rMTTes; 20 elected on general ticket of each County, by 
 
 Md. 459; 1853, c. , t^i t* t i/->i' 
 
 Hlk^^^F'S the qualified voters of the several Counties 
 
 l5o6, c. 85 ; 1866, ->- 
 
 *''^^*- of this State, on the Tuesday next after the 
 
 first Monday in the month of November, 
 eighteen hundred and sixty seven, and on 
 the same day in every second year thereafter. 
 Their number in each County, their compen- 
 sation, powers and duties, shall be such as are 
 now, or may be hereafter prescribed by Law. 
 Surveyor. ^EC. 2. Thc quallficd voters of each County, 
 
 1852,0.59. ^^^ Qf ^j^g Q^y Qf Baltimore, shall, on the 
 
Art. 7.] State of Maryland. 93 
 
 Tuesday next after the first Monday in the 
 month of November, in the year eighteen 
 hundred and sixty-seven, and on the same 
 day in every second year thereafter, elect a 
 Surveyor for each County and the City of 
 Baltimore, respectively, whose term of ofiice 
 shall commence on the first Monday of Jan- 
 uary next ensuing their election; and whose 
 duties and compensation shall be the same 
 as are now, or may' hereafter be prescribed by 
 Law. And any vacancy in the ofiice of Sur- vacancy. 
 veyor, shall be filled by the Commissioners of 
 the Counties, or by the Mayor and City Coun- 
 cil of Baltimore, respectively, for the residue 
 of the term. 
 
 Sec. 3. The State Librarian shall be ap- state lim 
 pointed by the Governor, by and with the c. 314 
 advice and consent of the Senate and shall 
 hold his ofiice during the. term of the Gover- 
 nor, by whom he shall have been appointed, 
 and until his successor shall be appointed and 
 qualified. His salary shall be Fifteen hun- saiarj $1,500 
 dred dollars a year ; and he shall perform such 
 duties as are now, or may hereafter be pre- 
 scribed by Law; and no appropriation shall 
 be made by Law, to pay for any Clerk, or 
 assistant to the Librarian: And it shall be 
 the duty of the Legislature, at its first Ses- 
 sion after the adoption of this Constitution, 
 to pass a Law regulating the mode and 
 manner in which the Books in the Library 
 shall be kept and accounted for by the Li- 
 7 • 
 
 rarian. 
 5 Md. 423: 1856. 
 
94 
 
 Constitution of the 
 
 [Art. 7. 
 
 Bond. 
 
 Oommissioiier of 
 Land Ofi^ce. 
 
 OnUos. 
 
 brarian, and requiring the Librarian to give 
 a Bond, in such penalty as the Legislature 
 may prescribe, for the proper discharge of his 
 duties. 
 
 Sec. 4. There shall be a Commissioner of 
 
 1862, c. 361; 1853, thc Laud Officc, who shall be appointed by 
 the Governor, by and with the advice and 
 consent of the Senate, who shall hold his 
 office during the term of the Governor, by 
 whom he shall have been appointed, and 
 until his successor shall be appointed and 
 qualified. He shall perform such duties as 
 are now required of the Commissioner of the 
 Land Office, or such as may hereafter be pre- 
 scribed by Law, and shall also be the Keeper 
 of the Chancery Records. He shall receive a 
 salary of One Thousand ^ye hundred dollars 
 per annum, to be paid out of the Treasury, 
 and shall charge such fees as are now, or may 
 be hereafter fixed by Law. He shall make a 
 
 Refort hie fees, seml-aunual report of all the fees of his office, 
 both as Commissioner of the Land Office, and 
 as Keeper of the Chancery Records, to the 
 Comptroller of the Treasury, and shall pay 
 the same semi-annually into the Treasury. 
 
 Sec. 5. The Commissioner of the Land 
 Office shall also, without additional compen- 
 sation, collect, arrange, classify, have charge 
 of, and safely keep all Papers, Records, Relics, 
 and other Memorials connected with the Early 
 History of Maryland, not belonging to any 
 other office. 
 
 Salary |1,500 
 
 Oollectall State 
 Papeiti 
 
Art. 8.] State of Maryland. 96 
 
 Sec. 6. ' The qualified voters of Worcester wreck 
 
 ^ Master. 
 
 County shall, on the Tuesday next after the 
 first Monday in the month of November in 
 the year Eighteen Hundred and Sixty-seven, 
 and every two years thereafter, elect a Wreck 
 Master for said County, whose duties and com- • 
 pensation shall be the sanje as are now, or 
 may be hereafter, prescribed by Law ; the term 
 of office of said Wreck Master shall commence 
 on the first Monday of January, next succeed- 
 ing his election, and a vacancy in said office vacancy. 
 shall be filled by the County Commissioners 
 of said County for the residue of the term. 
 
 tem of 
 Free Schools. 
 
 ARTICLJE VIII. 
 
 Education. 
 
 Section 1. The General Assembly, at its syste 
 First Session after the adoption of this Con- i865,T"i7i60; 
 stitution, shall by Law establish throughout 
 the State a thorough and efficient System of 
 Free Public Schools; and shall provide by Taxation. 
 taxation, or otherwise, for their maintenance. ^^^' ''^" "" 
 
 Sec. 2. The System of Public Schools, as present system 
 now constituted, shall remain in force until **'^*^"'®- 
 the end of the said First Session of the Gene- 
 ral Assembly, and shall then expire ; except 
 
96 
 
 Constitution of the 
 
 [Art. 9. 
 
 School Fund 
 inviolate. 
 
 SO far as adopted, or continued, by the Gene- 
 ral Assembly. 
 
 Sec. 3. The School Fund of the State shall 
 be kept inviolate, and appropriated only to 
 the purposes of Education. 
 
 ARTICLE IX 
 
 Militia and Military Affairs. 
 
 Organization 
 and equip- 
 ment. 
 
 Volunteers. 
 
 Adjutant Gen- 
 eral. 
 2 Md. 341. 
 
 Court Martial. 
 
 Duties. 
 
 Section 1. The General Assembly shall 
 make, from time to time, such provision for 
 organizing, equipping and disciplining the 
 Militia, as the exigency may require, and 
 pass such Laws to promote Volunteer Militia 
 Organizations as may afford them effectual 
 encouragement. 
 
 Sec. 2. There shall be an Adjutant Gene- 
 ral, appointed by the Governor, by and with 
 the advice and consent of the Senate. He 
 shall hold his office until the appointment 
 and qualification of his successor, or until re- 
 moved in pursuance of the sentence of a Court 
 Martial. He shall perform such duties, and 
 receive such compensation, or emoluments, as 
 are now, or may be prescribed by Law. He 
 shall discharge the duties of his office at the 
 seat of Government, unless absent, under 
 orders, on duty ; and no other officer of the 
 
Art. 10.] State of Maryland. 97 
 
 General Staff of the Militia shall receive 
 salary or pay, except when on service, and salary. 
 mustered in with troops. 
 'Sec. 3. The existing; Militia Law of the Existing Law 
 
 *^ to expire. 
 
 State shall expire at the end of the next Ses- i853,c.m 
 sion of the General Assembly, except so far 
 as it may be re-enacted, subject to the provi- 
 sions of this Article. 
 
 ARTICLE X. 
 
 Labor and Agriculture. 
 Section 1, There shall be a Superinten- superinten- 
 
 dent. 
 
 dent of Labor and Agriculture,^ elected by 
 the qualified voters of this State at the first 
 general election for Delegates to the General 
 Assembly after the adoption of this Constitu- 
 tion, who shall hold his oflice for the term of Term four 
 
 •' years. 
 
 four years, and until the election and qualifi- 
 cation of his successor. > 
 
 Sec. 2. His qualifications shall be the same Qualifications. 
 as those prescribed for the Comptroller; he 
 shall qualify and enter upon the duties of his Enter ofsce. 
 oflfice on the second Monday of January next, 
 succeeding the time of his election ; and a 
 vacancy in the ofiice shall be filled by the vacancy. 
 Governor for the residue of the term. 
 
98 
 
 Constitution of the 
 
 [Aet. 10. 
 
 Dnties. 
 
 [mmigratioD. 
 
 Salary $2,500. 
 
 State Inspec- 
 tors, 
 
 Examine 
 accounts. 
 
 Tobacco 
 Warehouses. 
 
 Inspect build- 
 ings. 
 
 Wealth of St&te. 
 
 Chesapeake 
 Bay. 
 
 Sec. 3. He shall perforin sucli of the duties 
 now devolved by Law upon the Commissioner 
 of Immigration, and the Immigration Agent, 
 as will promote the object, for which those 
 officers were appointed, and sucK other duties 
 as may be assigned to him by the Gene- 
 ral Assembly, and shall receive a salary of 
 Twenty-five Hundred dollars a year; and 
 after his election and qualification, the offices 
 before mentioned shall cease. 
 
 Sec. 4. He shall supervise all the State 
 Inspectors of agricultural products and ferti- 
 lizers; and from time to time, shall carefully 
 examine and audit their accounts, and pre- 
 scribe regulations, not inconsistent with Law, 
 tending to secure economy and efficiency in 
 the business of their offices. He shall have 
 the supervision of the Tobacco ^Warehouses, 
 and all other buildings used for inspection 
 and storage purposes by the State; and may, 
 at. the discretion of the Legislature, have the 
 supervision of all public buildings, now be- 
 longing to, or which may hereafter be erected 
 by the State. He shall frequently inspect 
 such buildings as are committed to his charge, 
 and examine all accounts for labor and mate- 
 rials required for their construction, or re- 
 pairs. 
 
 Sec. 5. He shall inquire into the unde- 
 veloped resources of wealth of the State of 
 Maryland more especially concerning those 
 within the limits of the Chesapeake Bay and 
 
Art. 11.] State of Maryland. 99 
 
 its tributaries, which belong to the State, and 
 suggest such j^lans as may be calculated to 
 render them available as sources of revenue. Rcrenue. 
 
 Sec. 6. He shall make detailed reports to Roporte. 
 every General Assembly within the first week 
 of its session, in reference to each of the sub- 
 jects committed to his charge, and he shall 
 also report to the Governor, in the recess of 
 the Legislature, all abuses, or irregularities, 
 which he may find to exist in any Department 
 of public affairs, with which his ofiice is con- 
 nected. 
 
 Sec. 7. The ofiice hereby established shall omceto 
 
 •^ Expire. 
 
 continue for four years from the date of the 
 qualification of the first incumbent thereof; 
 and shall then expire, unless continued by 
 the General Assembly. 
 
 AETICLE XL 
 
 City of Baltimore. 
 
 Section 1. The Inhabitants of the City of Mayor 
 Baltimore, qualified by Law to vote in said 
 city for members of the House of Delegates, 
 shall on the fourth Wednesday of October, 
 eighteen hundred and sixty-seven, and on the 
 same day in every fourth year thereafter, elect 
 a person to be Mayor of the City of Baltimore, 
 
100 
 
 Constitution of the 
 
 [Art. 11, 
 
 Term four 
 yearff. 
 
 Ineligible. 
 
 City Council./ 
 Two Brancljes. 
 
 Time of 
 Elections. 
 
 who shall have such qualifications, receive 
 such com23ensation, discharge such duties, and 
 have such powers as are now, or may here- 
 after be prescribed by Law; and the term of 
 whose office shall commence on the first Mon- 
 day of November succeeding his election, and 
 shall continue for four years, and until his 
 successor shall have qualified; and he shall 
 be ineligible for the term next succeeding that 
 for which he was elected. 
 
 Sec. 2. The City Council of Baltimore shall 
 consist of Two Branches, one of which shall 
 be called the First Branch, and the other 
 the Second Branch ; and each shall consist of 
 such number of members, having such quali- 
 fication, receiving such compensation, per- 
 forming such duties, possessing such powers, 
 holding such terms of office, and elected in 
 such manner, as are now, or may hereafter 
 be prescribed by Law. 
 
 Sec. 3. An election for members of the 
 First and Second Branch of the City Council 
 of Baltimore shall be held in the City of Bal- 
 timore on the fourth Wednesday of October, 
 eighteen hundred and sixty-seven; and for 
 members of the First Branch on the same 
 day in every year thereafter; and for mem- 
 bers of the Second Branch on the same day 
 in every second year thereafter ; and the 
 qualification for electors of the members of 
 the City Council shall be the same as those 
 prescribed for the electors of Mayor. 
 
Art. 11.] State of Maryland. 101 
 
 Sec. 4. The regular sessions of the City Annual ses- 
 
 *-> *' nious to con- 
 
 Council of Baltimore, (which shall be an- ^Ts!"'''''^ 
 nual,) shall commence on the third Monday 
 of January of each year, and shall not con- 
 tinue more than ninety days, exclusive of 
 Sundays; but the Mayor may convene the 
 City Council in extra session whenever, and Extra sesBione 
 
 twenty days. 
 
 as often as it may appear to him that the 
 public good may require; but no called, or 
 extra session shall last longer than twenty 
 days, exclusive of Sundays. 
 
 Sec. 5. No person, elected and qualified as Members not 
 
 r ^ 1 to hold any 
 
 Mayor, or as a member of the City Council, ^^^^^-^ffi^^- 
 
 shall, during the term for which he was 
 
 elected, hold any other office of profit or 
 
 trust, created, or to be created, by the Mayor 
 
 and City Council of Baltimore, or by any 
 
 Law relating to the Corporation of Baltimore, 
 
 or hold any employment, or position, the 
 
 compensation of which shall be paid, directly 
 
 or indirectly, out of the City Treasury ; nor Nor be interest- 
 
 •^ ' "^ *^ / ed in contracts. 
 
 shall any such person be interested, directly 
 or indirectly, in any contract, to which the 
 City is a party ; nor shall it be lawful for 
 any person, holding * any office, under thte 
 City, to be interested, while holding such 
 office, in any contract, to which the City is 
 a party. 
 
 Sec. 6. The Mayor shall, on conviction in a Mayor may be 
 Court of Law, of wilful neglect of duty, or 
 misbehavior in office, be removed from office 
 by the Governor of the State, and a successor 
 
102 
 
 Constitution of the 
 
 [Art. 11. 
 
 shall thereafter be elected, as in a ease of 
 vacancy. 
 
 CT^^ed o^ ^^ ^^^* '^' F^^^ ^^d ^fter the adoption of this 
 w?thoufau?ho- Constitution, no debt (except as hereinafter 
 vSofvoteT"^ excepted,) shall be created by the Mayor 
 and City Council of Baltimore ; nor shall the 
 credit of the Mayor and City Council of Bal- 
 timore be given, or loaned to, or in aid of any 
 individual, association, or corporation ; nor 
 shall the Mayor and City Council of Balti- 
 more have the power to involve the City of 
 Baltimore in the construction of Works of 
 Internal Improvement, nor in granting any 
 aid thereto, which shall involve the faith and 
 credit of the City, nor make any appropria- 
 tion therefor, unless such debt, or credit be 
 authorized by an Act of the General Assem- 
 bly of Maryland, and by an Ordinance of the 
 Mayor and City Council of Baltimore, sub- 
 mitted to the legal voters of the City of Bal- 
 timore at such time and place as may be 
 fixed by said Ordinance, and approved by a 
 majority of the votes cast at such time and 
 place ; but the Mayor and City Council may, 
 temporarily, borrow any amount of inoney to 
 meet any deficiency in the City Treasury, or 
 to provide for any emergency arising from 
 the necessity of maintaining the Police, or 
 preserving the safety and sanitary condition 
 of the City, and may make due and proper 
 arrangements and agreements for the remo- 
 val and extension, in whole or in part, of any 
 
 Police. 
 
 Extension of 
 Debts. 
 
Aet. 12.] State of Maryland. 103 
 
 and all debts and obligations, created accord- 
 ing to Law before the adoption of this Consti- 
 tution. 
 
 Sec. 8. All Laws and Ordinances, now in Laws now in 
 
 force con- 
 
 force, applicable to the City of Baltimore, not *^''"^^- 
 inconsistent with this Article, shall be, and . 
 they are hereby continued until changed in 
 due course of Law. 
 
 Sec. 9. The General Assembly may make General Assem- 
 
 ^•^ '' bly may make 
 
 such changes in this Article, except in Sec- *^^'^°s^^- 
 tion seventh thereof, as it may deem best ; 
 and this- Article shall not be so construed, or 
 taken as to make the political Corporation citycorpora- 
 
 tion under its 
 
 of Baltimore independent, of, or free from ^°'^''^^'- 
 the control, which the General Assembly of 
 Maryland has over all such Corporations in 
 this State. 
 
 ARTICLE XII. 
 
 Public Works. 
 Section 1. The Governor, the Comptroller Board consti- 
 
 ■ tilted of Gov- 
 
 of the Treasury, and the Ireasurer, shall con- Xrl\\^r^S^ 
 stitute the Board of Public Works in this '''""""" 
 State. They shall keep a journal of their 
 proceedings, and shall hold regular sessions \l^^^^^ 
 in the City of Annapolis, on the first Wed- 
 nesday in January, April, July and October,, 
 in each y^ar, and oftener, if necessary; at 
 
104 
 
 Constitution of the 
 
 [Art. 12. 
 
 Powers. 
 
 Vote Stock. 
 
 Appoiut 
 Directors. 
 
 Chesapeake 
 aud Ohio Canal 
 Co. 
 
 Rates of toll. 
 
 Reports. 
 1862, c. 122. 
 
 which sessions they shall hear and determine 
 such matters as affect the Public Works of 
 the State, and as the General Assembly may 
 confer upon them the power to decide. 
 
 Sec. 2. They shall exercise a diligent and 
 faithful supervision of all Public Works in 
 which the State may be interested as Stock- 
 holder or Creditor, and shall represent, and 
 vote the stock of the State of Maryland, in 
 all meetings (5f the stockholders of the Chesa- 
 peake and Ohio Canal; and shall appoint the 
 Directors in every Railroad and Canal Com- 
 pany, in which the State, has the legal power 
 to appoint Directors, which said Directors 
 shall represent the State in all meetings of 
 the Stockholders of the respective Companies, 
 for which they are apjDointed or elected. And 
 the President and Directors of the said Chesa- 
 peake and Ohio Canal Company shall so regu- 
 late the tolls of said Company, from time to 
 time, as to produce the largest amount of rev- 
 enue, and to avoid the injurious effects to said 
 Company of rival competition by other Inter- 
 nal Improvement Companies* They shall re- 
 quire the Directors of all said Public Works 
 to guard the public interest, and prevent the 
 establishment of tolls which shall discrimi- 
 nate against the interest of the citizens or 
 products of this State, and from time to time, 
 and as often as there shall be any change in 
 the rates of toll on any of the said Works, to 
 furnish the said Board of Public Works a 
 
Art. 12.] • State of Maryland. 105 
 
 schedule of such modified rates of toll, and so 
 adjust them as to promote the agricultural 
 interests of the State ; they shall report to the 
 General Assembly at each regular session, 
 and recommend such legislation as they may 
 deem necessary and requisite to promote or 
 protect the interests of the State in the said 
 Public Works ; they shall perform such other 
 duties as may be hereafter prescribed by Law ; 
 and a majority of them shall be competent to 
 act. The Governor, Comptroller and Treasu- 
 rer shall receive no additional salary for ser- 
 vices rendered by^ them as members of the 
 Board of Public Works. The provisions of 
 the Act of the General Assembly of Mary- 
 land jof the year 1867, chapter 359, are hereby Actofi867,c.369, 
 
 , declared void. 
 
 declared null and void. 
 
 Sec. 3. The Board of Public Works is Baltimore and 
 
 Ohio Rail Road 
 
 hereby authorized to exchange the State's gteStntXf 
 interest as Stockholder and Creditor in the 
 Baltimore and Ohio Railroad Company for 
 an equal amount of the bonds or registered 
 debt now owing by the State, to the extent 
 only of all the* preferred stock of the State 
 on which the State is entitled to only six per 
 cent, interest, provided such exchange shall 
 not be made at less than par, nor less than 
 the market value of said stock and the said 
 Board is authorized subject to such regula- 
 tions and conditions as the General Assembly 
 may from time to time prescribe, to sell the Board may sou 
 
 rN » • • 1 1 -¥TT 1 /» X 1 State's interest 
 
 States mterest in the other Works oi inter- m other works. 
 
106 
 
 Constitution of the 
 
 [Art. 13. 
 
 Washington 
 Branch. 
 
 Ratification 
 by General 
 Assembly. 
 
 nal Improvement, whether as a Stockholder 
 or a Creditor, and also the State's interest in 
 any banking corporation, receiving in pay- 
 ment the bonds and registered debt now 
 owing by the State, equal in amount to the 
 price obtained for the State's said interest; 
 provided, that the interest of the State in the 
 Washington Branch of the Baltimore and 
 Ohio Bail Boad be 'reserved and excepted 
 from sale; and provided further, that no sale 
 or contract of sale of the State's interest in the 
 Chesapeake and Ohio Canal, the Chesapeake 
 and Delaware Canal, and the Susquehanna 
 and Tide-water Canal Companies shall go* 
 into effect until the same shall be ratified by 
 the ensuing General Assembly. 
 
 ARTICLE XIIL 
 
 New Counties. 
 
 CoYinty seats 
 and lines, 
 
 Section 1. The General Assembly may 
 iMd.i39;i5Md. provldc, by Law, for organizing new Coun- 
 ties, locating and removing county seats, and 
 changing county lines; but no new county 
 shall be organized without the consent of the 
 majority of the legal voters residing within 
 the limits proposed to be formed into said 
 new county; and whenever a new county 
 
 Consent of 
 Voters. 
 
Art. 13.] State of Maryland. 107 
 
 shall be proposed to be formed out of portions 
 of two or more Counties, the consent of a ma- 
 jority of the legal voters of such part of each 
 of said counties, respectively, shall be re- 
 quired ; nor shall the lines of any county be 
 changed without the consent of a majority of 
 the legal voters, residing within the district, 
 which, under said proposed change, would 
 form a part of a county different from that to 
 which it belonged prior to said change; and 
 no new county shall contain less than four no new county 
 
 -, T f , , without 10,000 
 
 hundred square miles, nor less than ten thou- ^^1" ^nSoo^ 
 sand white Inhabitants ; nor shall any change ''^"'^'' °''^^' 
 be made in the limits of any county, where- 
 by the population ^of said county would be 
 reduced to less than ten thousand white 
 Inhabitants, or its territory reduced to less 
 than four hundred square miles. 
 
 Sec. 2. At the election to be held for the wicomico 
 
 , . . . . .• county. 
 
 adoption, or rejection of this Constitution, 
 in each Election District, in those parts of 
 Worcester and Somerset bounties, comprised 
 within the following limits, viz : Beginning Boundaries, 
 at the point, where Mason and Dixon's line 
 crosses the channel of Pocomoke River, thence 
 following said line to the channel of the Nan- 
 ticoke River, thence with the channel of said 
 river to Tangier Sound, or the intersection of 
 I^anticoke and Wicomico Rivers, thence up 
 the channel of the Wicomico River to the * 
 mouth of Wicomico Creek, thence with the 
 •channel of said creek and Passerdyke Creek 
 
108 
 
 Constitution of the 
 
 [Art. 13. 
 
 Governor's 
 Proclamation. 
 
 Salisbury the 
 County Seat. 
 
 to Dashield's, or Disharoon's Mills, thence 
 with the mill-pond of said mills and Branch 
 following the middle prong of said Branch, to 
 Meadow Bridge, on the road, dividing the 
 Counties of Somerset and Worcester, near 
 the southwest corner of the farm of William 
 P. Morris, thence due east to the Pocomoke 
 River, thence with the channel of said river 
 to the beginning, the Judges of election, in 
 each of said Districts, shall receive the ballots 
 of each elector, voting at said election, who 
 has resided for six months, preceding said 
 election within said limits, for or against a 
 new County; and the Return Judges of said 
 Election Districts shall ^certify the result of 
 such voting, in the manner now prescribed 
 by Law, to the Governor, who shall by Pro- 
 clamation make known the same; and if a 
 majority of the legal votes, cast within that 
 part of Worcester County, contained within 
 said lines, and also a majority of the legal 
 votes cast withfn that part of Somerset 
 County, contained within said lines, shall be 
 in favor of a new .County, then said parts 
 of Worcester and Somerset Counties shall 
 become and constitute a new County, to be 
 called Wicomico County ; and Salisbury shall 
 be the County Seat. And the Inhabitants 
 thereof shall thenceforth have and enjoy all 
 such rights and privileges as are held and 
 enjoyed by the Inhabitants of the other Coun- 
 ties of this State. 
 
Art. 13.] State of Maeyland. 109 
 
 - Sec. 3. When said new County shall have Division of 
 been so created, the Inhabitants thereof shall obiigHtions. 
 cease to have any claim to, or interest in the 
 county buildings, and other public property 
 of every description, belonging to said Coun- 
 ties of Somerset and Worcester, respectively, 
 and shall be liable for their proportionate 
 shares of the then existing debts and obliga- 
 tions of the said Counties, according to the 
 last assessment in said Counties, to be ascer- 
 tained and apportioned by the Circuit Court 
 of Somerset County, as to the debts and obli- 
 gations of said County, and by the Circuit 
 Court of Worcester County, as to the debts 
 and obligations of Worcester County, on the 
 petition of the County Commissioners of the 
 said Counties, respectively; and the property 
 in each part of the said Counties, included in 
 said new County, shall be bound only for 
 the share of the debts and obligations of the 
 county from which it shall be separated; 
 and the Inhabitants of said new county 
 shall also pay the County taxes, levied upon Taxes. 
 them at the time of the creation of such new 
 County, as if such new County had not been 
 created ; and on the application of twelve citi- 
 zens of the proposed county of Wicomico, 
 the Surveyor of Worcester County shall run 
 and locate the line from Meadow Bridge to 
 the Pocomoke River, previous to the adop- 
 tion, or rejection of this Constitution, and at 
 tjie expense of said petitioners. 
 8 
 
110 
 
 Constitution of the 
 
 [Art. 13. 
 
 Senators and 
 Delegates of 
 Wicomico, 
 Somerset and 
 Worcester. 
 
 Wicomico in 
 First Judicial 
 Circuit. 
 
 General Assem- 
 bly to carry 
 this Art. iuto 
 effect. 
 
 Sec. 4. At the first general election, held 
 under this Constitution, the qualified voters 
 of said new County shall be entitled to elect 
 a Senator, and two Delegates to the General ■ 
 Assembly, and all such County, or other offi- 
 cers as this Constitution may authorize, or 
 require to be elected by other Counties of the 
 State ; a notice of such election shall be given 
 by the Sheriffs of Worcester and Somerset 
 Counties in the manner now prescribed by 
 Law; and in case said new County shall be 
 established, as aforesaid, then the Counties of 
 Somerset and Worcester shall be entitled to 
 elect but two Delegates each to the General 
 Assembly. 
 
 Sec. 5. The County of Wicomico, if formed 
 according to the provisions of this Constitu- 
 tion, shall be embraced in the First Judicial 
 Circuit ; and the times for holding th« Courts 
 therein shall be fixed and determined by the 
 General Assembly. 
 
 Sec. 6. The General Assembly shall pass 
 all such Laws as may be necessary more fully 
 to carry into effect the provisions of this 
 Article. 
 
Art. 14.] State of Maryland. Ill 
 
 ments, to be 
 by 
 fifths of 
 each house. 
 
 AETICLE XIV. 
 Amendments TO THE Constitution. 
 
 Section 1. The General Assembly may General Assem- 
 propose Amendments to this Constitution ; pose ameiid 
 
 ■•- J- ments, to hi 
 
 provided, that . each Amendment shall be em- ^^Hf^ 
 braced in a separate Bill, embodying the 
 Article or Section, as the same will stand 
 when amended and passed by three-fifths of 
 all the members elected to each of the two 
 Houses, by yeas and nays, to be entered on 
 the Journals with the proposed Amendment. 
 The Bill, or Bills, proposing amendment, or 
 amendments, shall be published by order of publication in 
 
 ■'-•■«' Newspapers 
 
 the Governor, in at least two newspapers in 
 each county, where so many may be pub- 
 lished, and where not more than one may be 
 published, then in that newspaper, and in 
 three newspapers published in the City of 
 Baltimore, one of which shall be in the Ger- 
 man language, once a week, for at least three 
 months preceding the next ensuing general 
 election, at which the said proposed amend- 
 ment, or amendments shall be submitted, in submission to 
 
 voters. 
 
 a form to be prescribed by the General As- 
 sembly, to the qualified voters of the State 
 for adoption or rejection. The votes cast for 
 and against said proposed amendment, or 
 
112 
 
 Constitution of the 
 
 [Akt. 14. 
 
 Returns to 
 Governor. 
 
 Proclamation 
 of Governor. 
 
 Each Amenil- 
 ment to be 
 voted on sepa- 
 ratelj-. 
 
 Convention 
 every 20 years. 
 1858, c. 255. 
 
 amendments, severally, shall be returned to 
 the Governor, in the manner prescribed in 
 other cases, and if it shall appear to the 
 Governor that a majority of the votes cast at 
 said election on said amendment, or amend- 
 ments, severally, were cast in favor thereof, 
 the Governor shall, by his Proclamation, de- 
 clare the said amendment, or amendments, 
 having received said majority of votes, to 
 have been adopted by the People of Mary- 
 land as part of the Constitution thereof, and 
 thenceforth said amendment, or amendments 
 shall be part of the said Constitution. When 
 two or more amendments shall be submitted, 
 in manner aforesaid, to the voters of this 
 State at the same election, they shall be so 
 submitted as that each amendment shall be 
 voted on separately. 
 
 Sec. 2. It shall be the duty of the General 
 Assembly to provide by Law for taking, at 
 the general election to be held in the year 
 eighteen hundred and eighty-seven, and every 
 twenty years thereafter, the sense of the Peo- 
 ple in regard to calling a Convention for 
 altering this Constitution; and if a majority 
 of voters at such election gr elections shall 
 vote for a Convention, the General Assembly, 
 at its next session, shall provide by Law 
 for the assembling of such Convention, and 
 for the election of Delegates thereto. Each 
 County, and Legislative District of the City 
 
Art. 15.] State of Maryland. 113 
 
 of Baltimore, shall have in such Convention 
 a number of Delegates equal to its represen- ^o.^^^ Deie- 
 tation in both Houses at the time at which 
 the Convention is called. But any Constitu- 
 tion, or change, or amendment of the exist- 
 ing Constitution, which may be adopted by 
 such Convention, shall be submitted to the submission to 
 
 ' voters. 
 
 voters of this State, and shall have no effect 
 unless the same shall have been adopted by a 
 majority of the voters voting thereon. 
 
 Miscellaneous. 
 
 ARTICLE XV. 
 
 Section 1. Every person holding any office 
 created by, or existing under the Constitution, madVanmmiiy, 
 or Laws of the State, (except Justices of the troiiel ''"'^ 
 
 1853 c. 444. 
 
 Peace, Constables and Coroners,) or holding i854;c.i96. 
 any appointment under any Court of this 
 State, whose pay, or compensation is derived 
 from fees, or moneys coming into his hands 
 for the discharge of his official duties; or, in 
 any way, growing out of, or connected with 
 his office, shall keep a book in which shall 
 be entered every sum, or sums of money, re- 
 
114 
 
 Constitution of the 
 
 [Art. 15. 
 
 over 
 Salary to be 
 paid over. 
 
 On failure for 
 30 daj's Gov- 
 ernor to 
 declare oflBce 
 vacant. 
 
 ceived by him, or on his account, as a pay- 
 ment 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 Comptroller of the 
 State for his inspection, and that of the Gene- 
 ral Assembly of the State, to which the Comp- 
 troller shall, at each regular session thereof, 
 make a report showing what officers have 
 complied with this Section ; and each of the 
 said officers, when the amount received by 
 him for the year shall exceed the sum which 
 he is by Law entitled to retain, as his salary, 
 or compensation for the discharge of his 
 duties, and for the expenses of his office, shall 
 yearly pay over to the Treasurer of the State 
 the amount of such excess, subject to such 
 disposition thereof as the General Assembly 
 may direct ; if any of such officers shall fail 
 to comply with the requisitions of this Sec- 
 tion for the period of thirty days after the 
 expiration of each and every year of his office, 
 such officer shall be deemed to have vacated 
 his office, and the Governor shall declare the 
 same vacant, and the vacancy therein shall 
 be filled as in case of vacancy for any other 
 cause, and such officer shall be subject to 
 suit by the. State for the amount that ought 
 to be paid into the Treasury; and no per- 
 son holding any office created by, or existing 
 
Art. 15.] State of Maryland. 115 
 
 under this Constitution, or Laws of the State, 
 or holding any appointment, under any Court 
 in this State, shall receive more than three salaries umited 
 
 ' ^ to $3,000. 
 
 thousand dollars a year as a compensation 
 for the discharge of his official duties, except 
 in cases specially provided in this Constitu- 
 tion. 
 
 Sec. 2. The several Courts existing in this The courts to 
 
 continue until 
 
 State at the time of the adoption of this Con- superseded. 
 stitution, shall, until superseded under its 
 provisions, continue with like powers and 
 jurisdiction, and in the exercise thereof, both 
 at Law and in Equity, in all respects, as if 
 this Constitution had not been adopted; and 
 when said Courts shall be so superseded, 
 all causes, then depending in said Courts, 
 shall pass into the jurisdiction of the several 
 Courts, by which they may, [be] respectively, 
 superseded. 
 
 Sec. 3. The Governor, and all officers, civil Governor and an 
 and military, now holdiner office under this office untu 
 
 •^ *-> superseded. 
 
 State, whether by election, or appointment, 
 shall continue to hold, exercise and discharge 
 the duties of their offices (unless inconsistent 
 with, or otherwise provided in this Constitu- 
 tion) until they shall be superseded, under 
 its provisions, and until their successors shall 
 be duly qualified. 
 
 Sec. 4. If at any election directed by this New election in 
 Constitution, any two or more candidates islXo. it 
 shall have the highest and an equal number 
 
116 
 
 Constitution of the 
 
 [Art. 15, 
 
 of votes, a new ' election shall be ordered by 
 the Governor, except in cases specially pro- 
 vided for by this Constitution. 
 jnry judges of Sec. 5. In thc trial of all criminal cases, 
 
 liiw and fact. 
 
 lid ^386 ^'^^' ^'^ ^^^ J^^y ^^^^^ ^^ ^^^ Judges of Law, as well 
 
 Right of trial by 
 Jury. 
 
 General elec- 
 tions to be held 
 in November. 
 
 Sheriffs to give 
 notice of elec- 
 tions. 
 
 Terms of office 
 'o commence 
 from election. 
 
 as of fact. 
 
 Sec. 6. The right of trial by Jury of all 
 issues of fact in civil proceedings in the seve- 
 ral Courts of Law in this State, where the 
 amount in controversy exceeds the sum of 
 five dollars, shall be inviolably preserved. 
 
 Sec. 7. All general elections in this State 
 shall be held on the Tuesday next after the 
 first Monday in the month of November, in 
 the year in which they shall occur; and the 
 first election of all officers, who, under this 
 Constitution, are required to be elected by 
 the People, shall, except in cases herein spe- 
 cially provided for, be held on the Tuesday 
 next after the first Monday of November, 
 in the year eighteen hundred and sixty- 
 seven. 
 
 Sec. 8. The Sheriffs of the several Counties 
 of this State, and of the City of Baltimore, 
 shall give notice of the several elections 
 authorized by this Constitution, in the man- 
 ner prescribed by existing Laws for elections 
 to be held in this State, until said Laws shall 
 be changed. 
 
 Sec. 9. The Term of office of all Judges 
 and other officers, for whose election provi- 
 
Art. 15.] State of Maryland. 117 
 
 sion is made by this Constitution, shall ex- Exceptioas. 
 cept in cases otherwise expressly provided 
 herein, commence from the time of their Elec- 
 tion ; and all such officers shall qualify as 
 soon after their election as practicable, and 
 shall enter upon the duties of their respective 
 offices immediately upon their qualification; 
 and the Term of office of the State Librarian 
 and of the Commissioner of the Land Office 
 shall commence from the time of their ap- 
 pointment. 
 
 Sec. 10. Any officer elected or appointed how officer* 
 
 •^ J- -•- may qualify. 
 
 in pursuance of the provisions of this Con- 
 stitution, may qualify, either according to 
 the existing provisions of Law, in relation 
 to officers under the present Constitution, or 
 before the Governor of the State, or before 
 any Clerk of any Court of Record in aily 
 part of the State ; but in case an officer shall * 
 qualify out of the County in which he resides, 
 an official copy of his oath shall be filed and 2°^^""^^^^^ 
 
 jl *l . be recorded. 
 
 recorded in the Clerk's office of the Circuit 
 Court of the County in which he may reside, 
 or in the Clerk's office of the Superior Court 
 of the City of Baltimore, if he shall reside 
 therein. 
 
118 
 
 Constitution of the 
 
 [Art. 15. 
 
 Vote on the Constitution. 
 
 Governor's 
 Proclamation 
 directing Sher- 
 iffs to give 
 notice of elec- 
 tion on this 
 Constitution. 
 
 For the purpose of ascertaining the sense 
 of the people of this State, in regard to the 
 adoption, or rejection of this Constitution, 
 the Governor shall issue his Proclamation 
 within five days after the adjournment of 
 this Convention, directed to the Sheriffs of 
 the City of Baltimore, and of the several 
 Counties of this State, commanding them to 
 give notice, in the manner now prescribed by 
 Law in reference to the election of members 
 of the House of Delegates, that an election 
 for the adoption or rejection of this Constitu- 
 tion, will be held in the City of Baltimore, 
 and in the several Counties of this State, on 
 Wednesday, the Eighteenth day of Septem- 
 ber, in the year eighteen hundred and sixty- 
 seven, at the usual places of holding elections 
 for iQembers of the House of Delegates in 
 said City and Counties. At the said election 
 the vote shall be by ballot, and upon each 
 ballot, there shall be written or printed the 
 words "For the Constitution," or "Against 
 the Constitution," as the voter may elect ; and 
 the provisions of the Laws of this State, rela- 
 ting to the holding of general elections for 
 members of the House of Delegates, shall, in 
 
Art. 15.] State of Maryland. 119 
 
 all respects, apply to, and regulate the hold- 
 ing of the said election. It shall be the duty 
 of the Judges of Election, in said City, and 
 in the several Counties of the State, to re- 
 ceive, accurately count, and duly return the 
 number of ballots, so cast for, or against the 
 adoption of this Constitution, as well as any 
 blank ballots, which may be cast, to the seve- 
 ral Clerks of the Circuit Courts of this State, 
 and to the Clerk of the Superior Court of 
 Baltimore City, in the manner now pre- 
 scribed by Law, in reference to the election 
 of members of the House of Delegates, and 
 duplicates thereof directly to the Governor; 
 and the several Clerks, aforesaid shall return 
 to the Governor, within ten days after said 
 election, the number of ballots cast for or 
 against the Constitution, and the number of ^rTSS 
 blank ballots ; and the Governor, upon re- adapted 
 ceiving the returns from the Judges of Election 
 or the Clerks as aforesaid and ascertaining the 
 aggregate vote throughout the State, shall, 
 by his Proclamation, make known the same; 
 and if a majority of the votes cast shall 
 be for the adoption of this Constitution, it 
 shall go into effect on Saturday, the Fifth 
 day of October, eighteen hundred and sixty- 
 seven. 
 
 vmation 
 if Coiistitutioa 
 
120 Constitution of Maryland. 
 
 Done in Convention^ the seventeenth day of August^ 
 in the year of our Lord one thousand eight hundred and 
 sixty-seven, and of the Independence of the United States 
 the ninety-second. 
 
 EICHD. B. CAEMICHAEL, 
 
 President of the Convention. 
 Attest : 
 
 Milton Y. Kidd, 
 
 Secretary 
 
 MARYLAND, Set: 
 
 /, George Earle, Clerk of the Court of Appeals of 
 Maryland, do hereby certify, that the above Constitution, 
 was filed in the Clerics Office of ^ said Court, on the 
 seventeenth day of August, in the year of our Lord one 
 thousand eight hundred and sixty-seven. 
 
 Witness my hand: GEORGE EARLE, 
 
 Clerk of the Court of Appeals of Maryland. 
 
APPENDIX. 
 
 I APPEND to this edition of the Declaration of Rights and the 
 Constitution of the State of Maryland, a brief Commentary shewing 
 some of the principal changes which have been made in them, — and 
 thus giving at a glance a short history of the form of Government. 
 
 An investigation into the causes of these changes is necessary to a 
 perfect understanding of them ; but there is not space in this edition 
 for such a work. Those who wish to look more deeply into the matter 
 are referred to the Histories of- the State, and to the Debates in the 
 Constitutional Conventions. 
 
 THE DECLARATION OF RIGHTS. 
 
 This Declaration consists principally of immutable principles of 
 government, and these it was impossible to change, — but considerable 
 change has been made in the phraseology of many of the Articles. 
 
 The most important changes are the result of the recent War, — 
 and relate to Slavery, — the relations of this state to the General 
 Government of the United States, to retrospective oaths, to forfeiture 
 of estate for treason, and to violations of Constitutional provisions. 
 
 The First Article of the Declaration, which was inserted for the 
 first time in 1864 — relating to certain inalienable rights and intended, 
 doubtless, to apply to the condition of the colored people recently 
 freed — was omitted by the late Convention. And the original First 
 Article is retained, with the words " according to the mode pre- 
 scribed in this Constitution," which were inserted in 1851, — and 
 omitted in 1864, still omitted, — leaving therefore the declaration of 
 the right of the people, at all times, to alter their form of government 
 "in such manner as they may deem expedient," entirely unrestricted 
 as to the mode of its exercise. 
 
 Art. 2. Is a substitute for Art. 5 of 1864, which was entirely new 
 at that time. It makes a great change in the mode of declaring 
 the Constitution, &c., of the United States to be the Supreme Law, 
 and omits the declaration of paramount allegiance to the United 
 States. 
 
 121 
 
122 Appendix. 
 
 Art. 3. Is new. It refers to the reserved powers of the States 
 and People. 
 
 Art. 4. Is the same as Art. 3 in 1864, relating to this State's 
 Rights, with the addition of the words " as a free, sovereign and 
 independent State." 
 
 From No. 6 to No. 43, inclusive, the numbers of the Articles are 
 the same as the Articles on similar subjects in 1864. 
 
 Art. 7. Remains as in 1851 and 1864, except that the word " free" 
 is omitted before the words "white male citizen." Formerly the 
 right of suffrage was restricted to those having property. 
 
 In Art. 15, the words "on persons or property," with reference 
 to the imposition of taxes, were inserted in 1851 but are omitted in 
 1864 and 1867. 
 
 In Art. H, after the declaration that no ex post facto law ought 
 to be made, are the additional words, "nor any retrospective oath 
 or restriction be imposed, or required." 
 
 In Art. 19, the word "free" — in relation to the right to have 
 justice — is omitted in 1864 and 1867. 
 
 In Art. 23, relating to imprisonment, &c., the same omission 
 occurs, and the provision in 1851 authorizing the Legislature to 
 pass laws to regulate the colored people is also omitted in 1864 and 
 in 1867. 
 
 Art. 24 substitutes for the declaration in 1864, abolishing slavery, 
 one, that it having been abolished by the United States, it shall not 
 be reestablished, and that compensation is due therefor from the 
 United States. 
 
 Art. 27 was changed in 1864 so as to allow forfeiture of estate 
 for treason. This provision has been stricken out and the Article 
 restored to its original form, declaring that no conviction shall work 
 forfeiture. 
 
 In Art. 31, the phraseology in regard to quartering soldiers in 
 time of war, was changed in 1864 so that the manner of it shall be 
 " prescribed by law," instead of " as the Legislature may direct," and 
 so it now remains. 
 
 Art. 33 relates to the independency of J-f'ges. This Article has 
 undergone many changes since 1776. It w.,, then declared with a 
 wherefore that " all judges ought to hold commissions during good 
 behaviour," and the same thing is declared in the Constitution of the 
 United States, obviously meaning the tenure of their office for life. 
 When in 1851 the tenure was reduced to ten years these words were 
 omitted, and so in 1864 and 1867. 
 
Appendix. 123 
 
 Jn this Article, as it originally stood, there was a declaration also 
 that liberal salaries ought to be provided by the Legislature, but in 
 1851 and since, the salaries are fixed in the Constitution. The causes 
 and manner of removal also were originally stated in this Article, 
 and so remained in 1851 and in 1864, but the declaration now is, 
 "that Judges shall not be removed, except in the manner, and for 
 the causes provided in this Constitution." 
 
 Art. 36, originally provided that " all persons professing the 
 Christian Religion are equally entitled to protection in their 
 religious liberty," and also the Legislature was authorized to lay a 
 tax for the support of the Christian Religion. And it is observable 
 that King Charles, in the Charter of the State, names a " zeal for 
 extending the Christian Religion, and also the territories of our 
 empire," as animating .the Baron of Baltimore, and the inducements 
 to the Grant. In 1851 and since, these declarations are omitted, 
 and further, in 1864, the word Jew is omitted, and in 186Y neither 
 Jew nor Christian is named, nor is there any mention whatever of 
 the Christian Religion. 
 
 Art. 3T, expressly declares that, '^no religious test ought ever 
 to be required," — and prohibits the Legislature from prescribing any 
 other oath than that prescribed by the Constitution, — the change 
 being, that in 1864 reference was made to the Christian Religion 
 and an oath of allegiance required. The original Art. 3t, providing 
 for the rights of the City of Annapolis, is omitted in 1864 and 
 in 1861. 
 
 In Art. 38 there was inserted in 1864 a provision for the prior 
 or subsequent sanction of the Legislature to gifts or devises for 
 religious purposes and it now remains. 
 
 To Art. 40, on the Liberty of the Press, was added in 1864 an 
 extension of the declaration to every citizen to speak, write and 
 publish his sentiments, and a declaration of the responsibility for the 
 abuse of that liberty was also added 
 
 Art. 43. Certain duties of the Legislature were declared in 1851, 
 viz: to diffuse knowledge, promote the arts and sciences, &c., and 
 in 1864 the extension of education was added and so it remains. 
 
 Art. 44, contains new declaration of the applicability of 
 Constitutional principles in War and in Peace, and that a departure 
 from them under plea of necessity tends to anarchy and despotism. 
 The Last Article originally declared that the form of government 
 should not be altered by the Legislature .except in the manner 
 prescribed, and this with slight variations was continued in 1851, 
 and in 1864, but it is entirely omitted in 186t. 
 
124 Appendix. 
 
 THE CONSTITUTION. 
 
 A great many changes have been made in the Constitution, the 
 principal of which, are the omission of retrospective oaths of office and 
 for the Elective Franchise ; 
 
 The giving of the Yeto Power to the Governor ; 
 
 The abolishing of the office of Lieutenant Governor ; 
 
 The making of the whole population instead of the white population 
 the basis of representation in the lower House of the Legislature and 
 the establishing of a dffferent numerical ratio for such representation ; 
 
 The reinstating of the clause making Ministers of the Gospel ineli- 
 gible to the Legislature ; 
 
 The rendering of persons of all races and colors competent witnesses ; 
 
 The prohibition upon the Legislature from .suspending the writ of 
 Habeas Corpus; 
 
 The authorizing of a change in the legal rate of interest by the 
 Legislature ; 
 
 The abolishing of the office of Pension Commissioner ; 
 
 The entire change of the Judicial system by providing for eight 
 Judicial Circuits instead of thirteen, with three Judges for each instead 
 of one for each, and the constituting the eight Chief Justices of the 
 Circuits the Court of Appeals — instead of an independent Court of 
 five Judges, — so that the Judges of the Court of Appeals are elected 
 by the people of each Circuit, respectively, instead of by the people of 
 the whole State ; 
 
 The requiring that all cases in Court of Appeals stand for hearing 
 at the first term, instead of certain special cases only ; 
 
 The making the Clerk of the Court of Appeals eligible by the 
 People, instead of to be appointed by the Court ; 
 
 The direction to the Court of Appeals to frame rules in Equity ; 
 
 The increase of the salaries of all the Judges in the State, except 
 those of the Orphans' Courts ; 
 
 The union of the five Judges of the several Courts in Baltimore City 
 into an additional Court, called the Supreme Bench, having some 
 supervisory powers in the nature of appeals, without, however, restrict- 
 ing the right of appeal to the Court of Appeals, as heretofore, and the 
 assignment of the several Judges from time to time to their respective 
 Courts, — and the giving of concurrent jurisdiction in all common law 
 cases to each of three several Courts ; 
 
 The change of the terms of office of the Judges of the Orphans' 
 Court from six to four years, and making the terms all expire together 
 instead of one every two years, as heretofore ; 
 
Appendix. 125 
 
 The change of the term of office of the County Commissioners from 
 four to two years ; 
 
 The provision for a change by the Legislature of the present system 
 of Education. 
 
 These and some minor changes will more fully appear by a careful 
 comparison of the two forms of Government by Articles and Sections, 
 as follows : 
 
 Article I. — Elective Franchise. 
 
 Section 1. Requires a residence in the State one year, and six 
 months residence in the legislative district or the county in which one 
 votes. The phraseology of this section differs considerably from that 
 of both 1851 and 1864, and may vary the rights of voters on the 
 question of residence. 
 
 Sec. 2. Requires again that lunatics shall be under guardianship 
 before being disfranchised, a provision inserted in 1851 but omitted 
 in 1864. 
 
 Sec. 5. Provides for Registration and makes it conclusive evidence 
 of the right to vote. 
 
 Sec. 6. Containing the oath of office provides simply for the 
 support of the Constitution of the United States and of this State, 
 and to execute the office and not to receive profits of any other 
 office, omitting entirely the retrospective clauses and references to the 
 late rebellion inserted in 1864, and omitting also the oath against 
 bribery inserted in 1851 and continued in 1864. 
 
 Article II. — Executive Department. 
 
 Section 1. The term of office of the Governor was changed from, 
 three to four years in 1851, and it so remains. By this change 
 the expiration of it is made to coincide with 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. Under the Constitution of 1864, — the elections were 
 held in that year and every four years thereafter, but now in 186T 
 and every four years thereafter, — thus the elections for Governor are 
 now held the year before the Presidential elections instead of in the 
 same year, and so the Elections for Delegates are held in the years 
 intervening between those for Congressmen, instead of in the same 
 years 
 
 9 
 
126 Appendix. 
 
 In 1851 the State was divided into three Gubernatorial districts, 
 from each of which the Governor was chosen in rotation, whence it 
 resulted that the same man could not be chosen Governor until after 
 the expiration of eight years ; this provision was omitted in 1864 
 and in 1867. 
 
 The provision for a Lieutenant Governor, inserted in 1864, is 
 omitted in 1861. 
 
 Sec. 3. Provides that the person having the highest number of 
 votes shall be the Governor — thus not requiring a majority of the 
 whole but a plurality only. 
 
 And by Sec. 4 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. 
 
 The plan of continually dropping the lowest candidate is often 
 practiced on, with advantage — but if at last there be a tie, the 
 decision by lot is the simplest and best on many accounts. 
 
 Sec. 5. Requires the Governor to have been ten years a citizen 
 and five years a resident of Maryland. In 1851 and in 1864 it was 
 five years a citizen of the United States and five years a resident 
 of this State. 
 
 Secs. 6 and 1. Provide for the election of a new Governor by 
 the General Assembly in case of vacancy and the filling of that 
 office, by the President of Senate or Speaker of House during its 
 recess, which provisions are the same as in 1851 and were necessarily 
 reinstated upon abolishing the office of Lieutenant Governor. 
 
 Sec. 8. The prohibition of the Governor from taking the <3ommand 
 in person of the forces of the State without the consent of the Legis- 
 lature, inserted in 1851 and 1864, is continued. 
 
 Sec. it. The most important change of all concerning the Execu- 
 tive office, is investing it with the Yeto Power. 
 
 The words in which this power is given are nearly the same as in 
 the Constitution of the United States. There is, however, a preamble 
 prefixed defining its use to be " to guard against hasty or partial 
 legislation, and encroachments of the Legislative Department upon the 
 co-ordinate Executive and Judicial Departments," — and three-fifths of 
 each branch may pass bills over the veto instead of as in the U. S. 
 two-thirds. 
 
Appendix. 127 
 
 Sec. 18. The duty of the Governor to examine the books of the 
 Treasurer and Comptroller, imposed in 1851 and continued in 1864, is 
 continued in 186t, with the further duty of examining both of those 
 officers under oath. 
 
 Sec. 20. The restrictions upon the pardoning power, imposed in 
 1851, are continued. 
 
 Sec. 21. The salary in 1851 was $3,600— in 1864, $4,000, and now, 
 $4,500. 
 
 Secs. 22 and 23. The salary of the Secretary of State, fixed at 
 $1,000 in 1851 and so continued in 1864, is now ^2,000, and the office 
 of Private Secretary ceases and the Secretary of State performs all 
 the clerical duty belonging to the Executive Department. 
 
 In 1851, the Governor's office was stripped of its important preroga- 
 tive of appointing Judges and many other officers, by and with the 
 advice and consent of the Senate, and these changes have been since 
 retained. 
 
 Article III. — Legislative Department. 
 
 Section 2. In 1851, — the term of office of Senators was 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, should be elected bien- 
 nially, and these provisions remain. The Constitution, prior to 1851, 
 was like that of the United States. 
 
 In 1864, — the city of Baltimore was divided into three districts, each 
 entitled to one Senator, and this provision remains ; before that time 
 the city was entitled to one Senator only. 
 
 Secs. 3 and 4. In 1851, — for the first time, the principle of repre- 
 sentation according to population was adopted ; but Baltimore city 
 was restricted to four more than the largest county, by which rule it 
 was entitled to ten members. 
 
 In 1864, — the principle of representation according to population 
 was applied by a peculiar and artificial rule, limiting the larger counties 
 and the city of Baltimore, but giving as a result, a larger representa- 
 tion than heretofore to that city — that is, six members to each of its 
 three Legislative Districts. In 186Y, another rule or sliding scale 
 was adopted, based somewhat upon the principle of representation 
 according to population, but still limiting the city of Baltimore and the 
 larger counties — the result being the same to Baltimore city, viz : that 
 it now has eighteen members ; but this number may be increased by 
 the results of each succeeding census. 
 
128 Appendix. 
 
 Before 1851, the basis of representation was the same as in the 
 United States ; that is, it embraced three-fifths of the colored popula- 
 tion. In 1851, the whole population was made the basis. In 1864, 
 the white population was made the basis. In 1867, the whole popula- 
 tion is again made the basis. The result of adopting this latter basis 
 is to give the smaller counties, in which there is a larger ratio of 
 colored people, a larger representation in' the House of Delegates. 
 
 Secs. 6- and t. In 1851, — the election of Delegates, and of one-half 
 of the Senators, and the Sessions of the Legislature, were made 
 biennial, and they have since so remained. 
 
 The elections of Representatives in Congress are biennial, but the 
 Sessions of that body annual. 
 
 The elections for Senators and Delegates in Maryland are held in 
 the years intervening between those in which the elections for represen- 
 tatives in Congress are held. 
 
 Sec. 11. The provision making Ministers of the Gospel ineligible, 
 which was omitted in 1864, is now reinstated. 
 
 Secs. 14 and 15. The Legislature prior to 1851, met in December. 
 In 1851 the first Wednesday in January was made the commencement 
 of its sessions and so it remains. In 1851 the 10th day of March 
 was made the end of the sessions, but in 1864 the session was 
 unlimited, but no member was allowed to receive more than $400 — 
 the per diem being $5,00 instead of $4.00 — equal to 80. working 
 days. In 1861 the per diem remains the same and the mileage is 
 not to exceed 20 cents per mile, and the sessions are to be ''for 
 a period not longer than 90 days." 
 
 Sec. 2t. Prior to 1851 the Senate could not originate money 
 bills, — in 1851 this restriction was taken away and so it remains. 
 In 1851 it was provided that no bill should originate in the last 
 three days of the session, — in 1864 this restriction was made ten days 
 and so it remains; and the provisions for reading bills on three 
 several days, adopted in 1851, are retained. 
 
 Sec. 29. In 1851 provision was made for codification of the laws 
 of the State and the code was adopted in 1860, and the amendments 
 since made are enacted as the law would read when amended. 
 
 Sec. 33. In 1851 the Legislature was prohibited from granting 
 divorces, and in 1864 the prohibition was extended so as to embrace 
 local or special laws on many subjects, and these useful restrictions 
 are continued in 186t. 
 
 Sec. 34. In 1851, — it was provided that the State should not 
 create any debt without providing taxes for its payment in 15 years 
 
Appendix. 129 
 
 and for the payment of interest on it annually, or lend the credit of 
 the State, but the State might borrow $50,000 to meet temporary 
 deficiencies. These useful restrictions have been since continued, but in 
 1867 it is allowed to appropriate not more than $500,000 to Internal 
 Improvements in St. Mary's, Charles and Calvert counties. 
 
 Sec. 37. In 1864, — the Legislature was prohibited from paying for 
 emancipated slaves, and so it is in 186T — but measures may be adopted 
 to obtain pay for them from the United States. 
 
 Secs. 38, 43 and 44. The abolishment of imprisonment for debt, the 
 protection of a wife's property, and the exemption of a certain amount 
 of a debtor's property, in 1851, remain. 
 
 Sec 48. Provides for a revision of the laws relating to Corporations. 
 
 Sec. 49. Provides for punishment for bribery and for compelling 
 persons bribing to testify against those bribed. 
 
 Sec. 51. Provides for taxation in the city or county where a person 
 resides the greater part of the year ; but for the taxation of goods 
 where they are permanently located. 
 
 Sec. 53. Makes no person incompetent as a witness on account of 
 race or color. 
 
 Sec. 55. Prohibits the Legislature from suspending the writ of 
 Habeas Corpus. 
 
 Sec. 57. Allows the Legislature to provide for more than six per 
 cent, interest. 
 
 Article IY. — Judiciary Department. 
 
 In 1851, — great changes were made in this department, — among 
 which were the Substitution of a tenure for a term of years, for the life 
 tenure of the Judges ; the election by the people of Judges, Clerks, 
 Registers, Justices of the Peace, Constables and Attorneys of the 
 State ; the substitution of one Judge for three in the inferior Courts of 
 Common Law and Equity ; the abolishment of the Court of Chancery; 
 and the establishment of a Court of Appeals, composed of four Judges, 
 entirely independent of the inferior Courts. 
 
 Sec. 3. In 1851, — the term of office of the Judges of all except the 
 Orphans' Courts was 10 years ; in 1864 it was lengthened to 15 years, 
 and so it remains. The term was in 1851 also limited to 70 years 
 of age, and this restriction remains, modified however by a clause 
 allowing the Legislature to extend the term beyond 70. To this 
 section is added a clause allowing removals by the Legislature upon 
 vote of two-thirds, on account of sickness or infirmity. 
 
130 Appendix. 
 
 Sec. 8. Authorizes the parties to have a cause tried without a 
 Jury. 
 
 Sec. 10. Gives power to the Judges to see that the duties of the 
 Clerks are faithfully performed, and also to make rules for the 
 government of the Clerks. 
 
 Sec. 14. In 1851 the Court of Appeals consisted of four judges 
 and in 1864 of j^ve, and they were chosen separately from the judges 
 of the inferior Courts, and the duties of the Judges of the Court of 
 Appeals were independent of those of the inferior Courts. Now the 
 Court of Appeals is constituted of eight judges, viz : the seven Chief 
 Judges of seven of the Judicial Circuits and an additional Judge for 
 this Court from Baltimore City. The jurisdiction of this Court in 
 1851 was appellate only, and in 1864 the jurisdiction is to be 
 prescribed by law, and so it remains, and in 1864 the sessions of this 
 Court were fixed for first Monday in April and October or as might 
 be directed by law, and so it remains. 
 
 Sec. 15. Four Judges of this Court constitute a quorum, but no 
 cause can be decided without ihree concurring, and the Judge who 
 heard the cause below does not sit, , and all cases stand for hearing 
 at first term. 
 
 Sec. it. The election of the Clerk of the Court of Appeals by 
 the people is a change, as in 1851 and in 1864 he was appointed 
 by the Court. 
 
 Sec. 18. Contains some excellent provisions requiring the Court 
 of Appeals to make rules on several important matters, such as the 
 time and manner of taking appeals, the record, the practice, costs 
 and fees, and rules in Equity. 
 
 Sec. 19. Divides the State into eight Judicial Circuits. 
 
 Sec. 20. Requires that a Court be held in each county, to be 
 styled the Circuit Court for the County. 
 
 Sec. 21. Gives a Chief and two Associate Judges to each Circuit, 
 and provides that no two of the Associates shall reside in the same 
 county. Two jury terms are to be held in each county every year 
 and two intermediate terms, and special terms may be held at any 
 time, and one Judge may transact any business. 
 
 Sec. 22. Provides for motions in hanc before all three Judges. 
 
 Sec. 24. The salaries of Judges of the Court of Appeals in 1851 
 was $2,500, in 1864 $3,000, and now $3,500,— and of the Circuit 
 Courts in 1851 $2,000 and in 1864 $2,500, and now $2,800 ; and of 
 the Courts in Baltimore in 1851 $2,500 and in 1864 $3,000, and 
 now it is $3,500, but the City Council may add $500 more. 
 
Appendix. 131 
 
 Sec. 21, &c. The arrangement of the Courts in Baltimore is new 
 and peculiar, six Courts are provided for. The Supreme Bench is 
 composed of one Chief and four Associate Judges, and this Court is 
 required to assign one or more of their number to each of the other 
 five Courts and to provide for the sickness or absence of any Judge. 
 
 Sec. 33. This Court is required to hold general terms, to make 
 rules for each of the Courts and to hear motions for new trial, &c., 
 but the right of appeal is reserved. 
 
 Sec. 39. Provision is made for another Court in Baltimore City 
 and also for changing the jurisdiction of the several Courts in 
 Baltimore City. 
 
 Sec. 40. The Judges of the Orphans' Court in 1851 were elected 
 for four years and in 1864 the term was enlarged to six years and 
 one Judge was chosen every two years, now the term is reduced to 
 four years, and all are elected together as in 1851. 
 
 Sec. 42. Justices of the Peace and Constables were in 1851 elected 
 by the people ; — but in 1864 a return was made to the appointments of 
 the Justices of the Peace by the Governor, with the advice and consent 
 of the Senate, and of Constables by the County Commissioners and 
 Mayor and City Council, and so it remains. 
 
 Sec. 44. In 1851, — two persons were voted for as Sheriffs, and in 
 1864 this was changed and one only chosen, and so it remains. 
 
 Article Y. — Attorney General, &c. 
 
 Section 1. In 1851, — the office of Attorney General was abolished, 
 and his Deputies who had before that time been appointed, were, 
 under the name of State's Attorneys, chosen by the People. 
 
 In 1864, — the office of Attorney General was reestablished, and he 
 is chosen for four years by the people, and so are all the State's 
 Attorneys. 
 
 Article YI. — Treasury Department. 
 
 In 1851, — the whole of this Department was remodeled. The 
 Comptroller of the Treasury, a new officer, was set up to check the 
 Treasurer. The former is 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 source makes them, in a measure independent of 
 each other, and thereby the danger of collusion is greatly lessened. 
 
132 Appendix. 
 
 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. The provisions 
 adopted in 1851 remain substantially the same; it is to be noted 
 however that the Governor is required to examine both of these officers 
 under oath as well as their books. 
 
 Article YII. — Sundry Offices. 
 
 Sec. 3. Provides for the appointment of State Librarian by the 
 Governor, with the advice and consent of the Senate, and for a law 
 defining his duties. In 1864 he was chosen by the Legislature. 
 
 Article YIII. — Education. 
 
 This Article requires the Legislature at its first Session to adopt 
 a thorough and efficient system of Free Public Schools and to provide 
 for their maintenance, — and for the expiration of the present system 
 adopted in 1851. 
 
 Article IX. — Militia. 
 
 In 1851 a Militia system was provided for and certain officers were 
 to be elected by the companies, &c., and an Adjutant General was 
 to be appointed by the Governor, by and with the advice and consent 
 of the Senate, for six years. 
 
 In 1864 the Militia were defined to be citizens between 18 and 45 
 years of age, but the provisions for electing officers were omitted, and 
 the Adjutant was to hold office during the pleasure of the Governor. 
 
 In 1867 the Legislature is required to pass laws concerning the 
 Militia, no provision being contained in this Article, except for an 
 Adjutant, and his term of office is not defined otherwise than that 
 " he shall hold his office until the appointment and qualification of 
 his successor, or until removed in pursuance of a Court Martial." 
 
 Article X. — Labor and Agriculture. 
 
 This is a new Article and provides for a Superintendent of Labor 
 and Agriculture, to be elected by the people for four years. 
 
Appendix. 133 
 
 Article XI. — City op Baltimore. 
 
 Sec. 1. This is a new Article. The Mayor is elected for four 
 years and is ineligible for the second term. 
 
 Sec. 2. The City Council is divided into two Branches. 
 
 Sec. 3. The First Branch is elected every year and the Second 
 every two years. 
 
 Sec. 4. The regular sessions are to continue not more than ninety 
 days and the extra sessions not more than twenty days 
 
 Sec. 5. The members are not to hold any other offices nor to be 
 interested in any City contracts. 
 
 Sec. 6. The Mayor may be removed on conviction in a Court of 
 Law. 
 
 Sec. T. No debt can be created nor can the credit of the city be 
 lent, unless authorized by the Legislature and approved by a vote of 
 the people. 
 
 Secs. 8 and 9. Authorizes the Legislature to change any part of 
 this Article, except the seventh section.. 
 
 Article XII. — Public Works. 
 
 Some of the provisions of this Article are new, and the Board is 
 authorized to sell or exchange the State's interest in some of the 
 works of Internal Improvement. 
 
 Article XIII. — New Counties. 
 
 By this Article the new county of Wicomico is created out of parts 
 of Somerset and Worcester, and provision is made for other new 
 counties to be created under authority of the Legislature. 
 
 Article XIY. — Amendments to the Constitution. 
 
 In 1851 the only method of amendment provided was by a 
 Convention to be called by the Legislature, upon taking the sense 
 of the people after every census. Before that time amendments were 
 made by Act of the Legislature, passed at one session and confirmed 
 
134 Appendix. 
 
 at the next. In 1864 three modes of amendment were provided, viz: 
 first, three-fifths of both houses were authorized to propose amendments 
 to the people ; secondly, two-thirds of both houses were authorized to 
 call a Convention, and, thirdly, in 1882, and in every twentieth year 
 thereafter, the question of a Convention was to be put to the people. 
 Now, the plan of submitting Amendments to the People by three 
 fifths of each House is retained — and also the plan of submitting to the 
 People, every twenty years, the question of calling a Convention ; but 
 the Legislature is not by this Article as it now stands expressly 
 authorized to call a Convention, or even to submit the question of a 
 call to the People at any other time. 
 
 Article XY. — Miscellaneous. 
 
 This Article provides for returns of excesses of fees by all officers ; 
 the continuance of the Courts, and all officers until superseded ; for 
 new elections in cases of tie ; that Juries be judges of law and fact in 
 criminal cases, and for Jury trials ; and fixes the terms of office of all 
 officers in the State more definitely than heretofore. 
 
 The Yote on the Constitution 
 
 and the Proclamation of the Governor thereupon are provided for at 
 the conclusion of the Constitution. 
 
 CONCLUSION. 
 
 The Legislature is directed by this Constitution to pass laws on 
 several subjects, particularly pointed out, in order to carry out its 
 provisions, and to conform to the changes made.- 
 
 The author of these brief notes hopes that they may prove an accept- 
 able guide to the study of some questions of the Constitutional History 
 of this State, — and particularly as to the changes recently made. 
 
 EDWARD OTIS HINKLEY. 
 Baltimore, Oct. 23rd, 186t. 
 
INDEX. 
 
 NOTE. — In this Index those Articles to which no Section is added, are in the 
 Articles in the Consti'ulion beingr followed by their Sections. 
 
 Art. 
 
 Declaration of Rights: the 
 Sect. Pagu. 
 
 Absentees, attendance of, may be compelled by the 
 
 Legislature 
 
 Absurdity of the doctrine of non-resistance 
 
 Accountability of public officers 
 
 to God, belief in, a necessary qualification ftir a Witness 
 
 or Juror 
 
 Accusation, every man to be informed of, against him 
 
 Action, not allowed for words spoken in debate 
 
 removal of 
 
 ^ds committed before retrospective laws. 
 
 moral accountability for 
 
 record of, to be kept by Secretary of State 
 
 Acts of Assembly, in force in Maryland 
 
 Addition, to the code of laws to be published 
 
 to salary of Treasurer or Comptroller not allowed 
 
 Address of General Assembly to remove Judges 
 
 Adjournment o{ the Legislature 
 
 Adjustment of accounts of the State 
 
 Adjutant General to be appointed by Governor 
 
 Administration of Justice, independency, Ac, of Judges 
 
 Adoption of the Constitution 
 
 Advice, of Senate necessary to appointment of Judges, 
 
 &c :.. 
 
 Affinity of Judges to parties in cases 
 
 Age,of voters 
 
 of Governor 
 
 of Senators and Delegates 
 
 of Judges 
 
 of Sheriff. 
 
 Agents, no extra compensation to be allowed to 
 
 Agriculture, to be encouraged by the Legislature 
 
 Superintendent of 
 
 tolls to be adjusted so as to promote 
 
 Aids, not to be leAded without consent of Legislature 
 
 Allegiance, oath of. 
 
 Allowance, additional not to be made to Pablic Officers 
 
 to Senators and Delegates 
 
 to Clerks, of their fees 
 
 to State's Attorneys 
 
 to Treasurer and Comptroller 
 
 Alteration, of governmont 
 
 of salaries not allowed 
 
 Amendment, of the Constitution 
 
 of bills, &c 
 
 Anarchy, tendency to, by departure from Constitution 
 
 Annapolis City, to be the place of meeting of Legisla- 
 ture 
 
 Court of Appeals to sit there 
 
 Appointments by the Governor 
 
 3 
 
 20 
 
 
 44 
 
 6 
 
 ... 
 
 
 15 
 
 6 
 
 
 
 15 
 
 36 
 
 
 
 21 
 
 21 
 
 
 
 18 
 
 3 
 
 18 
 
 
 44 
 
 4 
 
 8 
 
 
 61 
 
 7 
 
 ... 
 
 
 17 
 
 SG 
 
 
 
 21 
 
 2 
 
 23 
 
 
 36 
 
 5 
 
 ... 
 
 
 14 
 
 3 
 
 29 
 
 
 48 
 
 6 
 
 1 
 
 
 88 
 
 S3 
 
 
 
 19 
 
 4 
 
 4 
 
 
 60 
 
 3 
 
 15, 25 
 
 4S 
 
 !,4f5 
 
 3 
 
 24 
 
 
 45 
 
 6 
 
 2 
 
 
 89 
 
 9 
 
 2 
 
 
 96 
 
 So 
 
 
 
 19 
 
 15 
 
 ... 
 
 
 118 
 
 4 
 
 14,42 
 
 64,80 
 
 4 
 
 7 
 
 
 61 
 
 1 
 
 1 
 
 
 24 
 
 • 2 
 
 5 
 
 
 30 
 
 3 
 
 9 
 
 
 41 
 
 4 
 
 2 
 
 
 59 
 
 4 
 
 44 
 
 
 82 
 
 3 
 
 35 
 
 
 61 
 
 43 
 
 ... 
 
 
 23 
 
 10 
 
 1 
 
 
 97 
 
 12 
 
 2 
 
 
 105 
 
 14 
 
 
 
 16 
 
 37; 1 
 
 6 
 
 21; 
 
 ; 27 
 
 3 
 
 35 
 
 
 51 
 
 3 
 
 15 
 
 
 43 
 
 3 
 
 45 
 
 
 53 
 
 5 
 
 3,9 
 
 84 
 
 ,86 
 
 6 
 
 1 
 
 
 88 
 
 1 
 
 
 
 13 
 
 3 
 
 35 
 
 
 51 
 
 1,6 
 
 
 13 
 
 ,15 
 
 11 
 
 1,2 
 
 111, 
 
 112 
 
 3 
 
 27 
 
 
 47 
 
 44 
 
 
 
 23 
 
 11 
 
 ... 
 
 
 16 
 
 4 
 
 14 
 
 
 65 
 
 2 
 
 10, 11, 12 
 
 32, 33 
 
 
 13,14 
 
 
 
 135 
 
136 
 
 Index. 
 
 Sect- 
 
 Page. 
 
 Appointments, Senators and Delegates not to receive 
 
 by House of Delegates of Auditors 
 
 of Judges, to fill vacancies 
 
 of Clerks of Courts, to fill vacancies 
 
 of Registers of Wills, to fill vacancies 
 
 of Justices of the Peace and Constables, to fill vacan- 
 cfes 
 
 of Sheriffs, to fill vacancies 
 
 of State's Attorneys, to fill vacancies 
 
 of Comptroller and Treasurer, to fill vacancies 
 
 of Surveyors, to fill vacancies 
 
 of Wreck-Masters, to fill vacancies 
 
 of Adjutant General....... 
 
 of Directors of Rail Road and Canal Companies 
 
 Apportionment of Delegates 
 
 Appropriations of money, how to be made by Legisla- 
 ture 
 
 of proceeds of internal improvement companies, &c., 
 restrained 
 
 duties of Comptroller in relation to 
 
 Aiinies, standing, dangerous to liberty 
 
 Arrangeinent of Code not to be altered by Legislature 
 
 Arrest of military ofiicers for disobedience 
 
 Arts to be encouraged by Legislature 
 
 Assembly, Acts of, in force 
 
 to consist of two branches 
 
 to meet in January, biennially 
 
 address of two-thirds to remove Judges 
 
 Assessment of paupers not to be made ; 
 
 Attainder, laws of, not to be made 
 
 Attendance of absent members may be compelled by each 
 
 House of Assembly 
 
 Attestation of Divine Being in administering oaths 
 
 of the laws of the State 
 
 of records of late Court of Chancery 
 
 Attorney General, office of, created 
 
 Attorneys of the State, their elections, &c 
 
 Auditors of accounts of the State to be appointed by the 
 
 House of Delegates 
 
 Avoidance of sanguinary laws 
 
 Ayes — see Teas. 
 
 BaU 
 
 Ballot 
 
 Baltimore City, representation of, restricted 
 
 Courts and Clerks of. 
 
 organization of 
 
 Baltimore and Ohio Rail Road 
 
 Bank Book 
 
 Banks 
 
 Baron of BaUimore 
 
 Behavior 
 
 Belief. 
 
 Benefit of certain English statutes secured to the people 
 
 BiUs 
 
 Blood 
 
 Bonds of office to be sued by order of House of Delegates 
 
 of Sherifis 
 
 of Comptroller and Treasurer 
 
 of State to be signed by Comptroller and Treasurer 
 
 Books 
 
 3 
 
 10 
 
 41 
 
 3 
 
 24 
 
 45 
 
 4 
 
 5 
 
 60 
 
 4 
 
 17,25 
 
 66,71 
 
 4 
 
 41 
 
 80 
 
 4 
 
 43 
 
 81 
 
 4 
 
 44 
 
 82 
 
 5 
 
 5,11 
 
 8.5, 87 
 
 6 
 
 1 
 
 88 
 
 7 
 
 2 
 
 93 
 
 7 
 
 6 
 
 95 
 
 9 
 
 2 
 
 96 
 
 12 
 
 2 
 
 104 
 
 3 
 
 3,4,5 
 
 37, 38, 39 
 
 3 
 
 
 34 
 
 
 80 
 
 6 
 
 
 2 
 
 
 89 
 
 29 
 
 
 
 
 19 
 
 3 
 
 
 29 
 
 
 48 
 
 2 
 
 
 13 
 
 
 33 
 
 43 
 
 
 ... 
 
 
 23 
 
 5 
 
 
 
 
 14 
 
 3 
 
 
 1 
 
 
 37 
 
 3 
 
 
 14 
 
 
 43 
 
 4 
 
 
 4 
 
 
 60 
 
 15 
 
 
 ... 
 
 
 16 
 
 18 
 
 
 ... 
 
 
 17 
 
 3 
 
 
 20 
 
 
 44 
 
 39 
 
 
 
 
 22 
 
 3 
 
 
 30 
 
 
 48 
 
 7 
 
 
 4 
 
 
 94 
 
 5 
 
 
 1 
 
 
 83 
 
 5 
 
 
 7 
 
 
 85 
 
 3 
 
 
 24 
 
 
 45 
 
 16 
 
 
 
 
 17 
 
 25 
 
 
 
 
 18 
 
 1 
 
 
 1 
 
 
 24 
 
 3 
 
 
 4 
 
 
 38 
 
 4 
 
 27, 
 
 &c. 
 
 72, &c. 
 
 11 
 
 1, 
 
 &c. 
 
 99, 
 
 &c. 
 
 12 
 
 
 3 
 
 
 105 
 
 2 
 
 
 IS 
 
 
 35 
 
 3 
 
 
 39 
 
 
 52 
 
 6 
 
 
 
 
 14 
 
 3 
 
 19 
 
 ,23 
 
 44 
 
 ,45 
 
 37,39 
 
 
 
 21 
 
 ,22 
 
 5 
 
 
 
 
 14 
 
 3. 27, 
 
 28,29 
 
 ,30 
 
 47 
 
 ,48 
 
 27 
 
 
 ... 
 
 
 19 
 
 3 
 
 
 24 
 
 
 45 
 
 4 
 
 
 44 
 
 
 82 
 
 6 
 
 
 1 
 
 
 89 
 
 16,39 
 
 43,52 
 
Index. 
 
 137 
 
 Art. 
 
 Sect. 
 
 P.KGE. 
 
 Bmrrffwing 
 
 Branches of Legislature.. 
 
 Bribery 
 
 Burthen 
 
 Burying Cfround 
 
 Business 
 
 Calvert, Cecilius 
 
 Calvert Cbuniy 
 
 Canals 
 
 Candidate, bribery in regard to 
 
 Oases of State in Court of Appeals, &c 
 
 criminal, jury to be judges of law and fact 
 
 Census 
 
 Certificate 
 
 Challenge 
 
 Cfiancery 
 
 Change of Constitution 
 
 of Residence 
 
 Charges not to be levied without consent of Legislature 
 
 criminal, copy of to be furnished 
 
 of Clerks, &c., to be regulated 
 
 Charles the First 
 
 Charles County 
 
 Charter of the State 
 
 of Banks : 
 
 of Corporations 
 
 Cfiesapeake and Delaware Canal 
 
 Chesapeake and Ohio Canal 
 
 Church 
 
 Circuit Courts 
 
 Citizen 
 
 City of Annapolis — see Annapolis City. 
 City of Baltimore — see Baltimore City. 
 
 City Council 
 
 Classification 
 
 Clerks, their charges to be regulated 
 
 of Court of Appeals 
 
 powers and duties of 
 
 election of .' 
 
 to return account of receipts and expenses 
 
 Code .s 
 
 Collectors 
 
 Colored population 
 
 Command in Chief. 
 
 Commerce 
 
 Commissions, public 
 
 or fees not to be recelTed by Judges, Comptroller, 
 
 Treasurer, &c 
 
 to be issued to Sheriffs, Judges, &c., by Governor 
 
 of State's Attorneys 
 
 Commissioners to revise laws 
 
 of County «. 
 
 of Land Office 
 
 Commitment ., 
 
 Committee of the Whole 
 
 Common Law 
 
 Common Pleas, Court for Baltimore City 
 
 (immunity 
 
 Compact 
 
 Companies - 
 
 3 
 
 34 
 
 50 
 
 3 
 
 1 
 
 .37 
 
 1,3 
 
 3,50 
 
 25, 5> 
 
 14 
 
 ... 
 
 1<> 
 
 38 
 
 
 22 
 
 3 
 
 21 
 
 44 
 
 5 
 
 
 15 
 
 3 
 
 34 
 
 60 
 
 3,12 
 
 54,2 
 
 57, 104 
 
 1 
 
 3 
 
 25 
 
 5 
 
 3,6 
 
 84,85 
 
 15 
 
 5 
 
 116 
 
 3 
 
 4 
 
 38 
 
 6 
 
 3 
 
 90 
 
 3 
 
 41 
 
 52 
 
 7 
 
 4 
 
 94 
 
 1,6 
 
 ... 
 
 13,15 
 
 1 
 
 1,* 
 
 24,26 
 
 14 
 
 ... 
 
 16 
 
 21 
 
 
 18 
 
 3 
 
 45 
 
 53 
 
 5 
 
 ... 
 
 15 
 
 3 
 
 34 
 
 50 
 
 5 
 
 ... 
 
 15 
 
 3 
 
 39 
 
 52 
 
 3 
 
 48 
 
 55 
 
 12 
 
 2,3 
 
 104,105 
 
 12 
 
 2,3 
 
 104, 105 
 
 36,37,33 
 
 
 21 
 
 4 
 
 19, &c. 
 
 68, &c. 
 
 7; 1 
 
 1 
 
 15; 24 
 
 1,11 
 
 5,2,3 
 
 26,100 
 
 3 
 
 8 
 
 40 
 
 3 
 
 45 
 
 53 
 
 4 
 
 17 
 
 68 
 
 4 
 
 10, 26, 38 
 
 62, 72, 77 
 
 4 
 
 17, 25, 37 
 
 66, 71, 77 
 
 15 
 
 1 
 
 114 
 
 3 
 
 29 
 
 48 
 
 3 
 
 12 
 
 41 
 
 24; 3 
 
 37,53 
 
 18; 51,57 
 
 2 
 
 8 
 
 31 
 
 41,43 
 
 ... 
 
 22,23 
 
 4 
 
 13 
 
 64 
 
 4,6 
 
 6,1 
 
 61, 83 
 
 4 
 
 11 
 
 63 
 
 5 
 
 2,8 & 9 
 
 83 & 86 
 
 3 
 
 48 
 
 5i 
 
 7 
 
 1 
 
 92 
 
 7 
 
 4,5 
 
 94 
 
 3 
 
 24 
 
 45 
 
 3 
 
 21 
 
 44 
 
 5 
 
 
 14 
 
 4 
 
 28 
 
 72 
 
 15 
 
 
 17 
 
 1 
 
 
 13 
 
 3,39 
 
 34,48 
 
 51,54 
 
138 
 
 Index. 
 
 Compensation for slaves 
 
 of Governor 
 
 of Secretary of State — 
 
 of Senators and Delegates 
 
 of Public Officers 
 
 for Slaves 
 
 for private property taken 
 
 of Clerks, Registers, &c 
 
 of officers of Courts 
 
 of Judges of Court of Appeals 
 
 of Judge of Circuit Court 
 
 of Judges of Riltimore Courts 
 
 of Clerks of Baltimore Courts 
 
 of Judges of Orphans' Courts 
 
 of Justices of the Peace 
 
 of Attorney General 
 
 of State's Attorneys 
 
 of Comptroller and Treasurer 
 
 of Surveyors „ 
 
 of State Librarian * 
 
 of Commissioner of Land Office 
 
 of Wreck-Master 
 
 of Adjutant Qenei-al 
 
 of Superintendent of Labor and Agriculture .. 
 
 of officers generally 
 
 Competition 
 
 Complaints 
 
 Q>mptroller of Treasury 
 
 Concurrence 
 
 Conduct 
 
 Congress 
 
 Ginsanguinity 
 
 Constables — see Justices of the Peace. 
 
 Constitution of United States, supreme law 
 
 applies in War and Peace 
 
 Construction 
 
 Contingent Fund 
 
 Contracts to maintain worship 
 
 for public offices to be examined 
 
 for public debt 
 
 extra compensation not to be allowed 
 
 Contribution : 
 
 Convention 
 
 Conviction of criminals 
 
 of Public Officers 
 
 Coroners 
 
 Corporations ^ 
 
 Corruption of Blood 
 
 Counsel 
 
 Counties, to form Senatorial Districts 
 
 not to contract debts 
 
 to be formed 
 
 County Commissioners 
 
 Courts,i'hciT use of English Statutes... 
 
 Legislative, Executive and Judicial powers to be 
 separated 
 
 evidence against oneself not to be compelled 
 
 laws to be certified to 
 
 the Judicial powers of the State. 
 
 the Circuit Courts 
 
 Art. 
 
 Sect. 
 
 Paqb. 
 
 24 
 
 ... 
 
 18 
 
 2 
 
 21 
 
 36 
 
 2 
 
 22 
 
 36 
 
 3 
 
 15 
 
 43 
 
 3 
 
 36 
 
 51 
 
 3 
 
 37 
 
 51 
 
 3 
 
 40 
 
 52 
 
 3 
 
 45 
 
 63 
 
 4 
 
 9 
 
 62 
 
 4 
 
 24 
 
 71 
 
 4 
 
 24 
 
 71 
 
 4 
 
 31 
 
 74 
 
 4 
 
 37 
 
 77 
 
 4 
 
 40 
 
 79 
 
 4 
 
 42 
 
 81 
 
 6 
 
 3 
 
 84 
 
 5 
 
 9 
 
 86 
 
 6 
 
 1 
 
 88 
 
 7 
 
 2 
 
 93 
 
 7 
 
 3 
 
 93 
 
 7 
 
 4 
 
 94 
 
 7 
 
 6 
 
 95 
 
 9 
 
 2 
 
 90 
 
 10 
 
 3 
 
 98 
 
 15 
 
 1 
 
 115 
 
 12 
 
 2 
 
 104 
 
 3 
 
 24 
 
 45 
 
 2,6 
 
 18, 1, &c. 
 
 35, 88, Ac. 
 
 3,4 
 
 25,4 
 
 46,60 
 
 6 
 
 ... 
 
 li 
 
 1,3 
 
 3,10 
 
 26,41 
 
 4 
 
 7 
 
 61 
 
 2 
 
 
 13 
 
 44 
 
 
 23 
 
 45 
 
 
 23 
 
 3 
 
 32 
 
 49 
 
 36 
 
 ... 
 
 21 
 
 3 
 
 24 
 
 46 
 
 3 
 
 34 
 
 50 
 
 3 
 
 35 
 
 51 
 
 15,36 
 
 ... 
 
 16,21 
 
 14,15 
 
 l,&c. 
 
 111, 118 
 
 27; 1 
 
 2 
 
 19; 25 
 
 3,4,5 
 
 26, 4, 1, 11 
 
 46, 60, 83, 87 
 
 4 
 
 45 
 
 82 
 
 3 
 
 34, 48, 58 
 
 50, 54, 58 
 
 27 
 
 
 19 
 
 21 
 
 
 18 
 
 3 
 
 2 
 
 37 
 
 8 
 
 64 
 
 57 
 
 13 
 
 1 
 
 106 
 
 4,7 
 
 42,1 
 
 81,92 
 
 5 
 
 
 14 
 
 8 
 
 
 15 
 
 22 
 
 ... 
 
 18 
 
 3 
 
 30 
 
 48 
 
 4 
 
 1 
 
 68 
 
 4 
 
 19, Ac. 
 
 68, &c. 
 
Index. 
 
 139 
 
 Art. 
 
 Courts, Baltimore 4 
 
 Clerks 4 
 
 the Orphans' Court, Ac 4 
 
 trials by Jury 4 
 
 continued ^„. 15 
 
 Oourl of Appeals 3, 4 
 
 Courts Martial 2 
 
 Credit oi State not to be given 3 
 
 Crime 21,22,27; 
 
 1,3 
 
 Criminal Court of Baltimore City 4 
 
 Crueliy 16,25 
 
 Debate 10; 3 
 
 Debts not to be contracted by Legislature 3 
 
 of a husband ^ 3 
 
 exemption from 3 
 
 imprisonment for 3 
 
 of the State 3, 6 
 
 Decisions of Governor to be reported to Legislature 2 
 
 of Court of Appeals to be published 4 
 
 Declaration of Rights 1 
 
 Defaulters 3 
 
 Defence » 21,28; 3 
 
 Deficiencies 3 
 
 Delay of justice 19 
 
 Delegates, election district for 3 
 
 returns of elections for Governor, &c 2 
 
 apportionment of 3 
 
 how elected — term of office 3 
 
 qualifications of 3 
 
 ineligibility of Congressmen 3 
 
 ineligibility of Ministers 3 
 
 ineligibility of defaulters 3 
 
 provisions for vacancies 3 
 
 compensation '. 3 
 
 disqualified to hold certain offices 3 
 
 not liable for words spoken in debate 3 
 
 powers of, as Grand Inquest 3 
 
 Denial of justice 19 
 
 Denoviinations of Religion 36, 38, 39 
 
 3 
 
 Departments of Government to be separate 8 
 
 of power, rotation in 34 
 
 Despotism, tendency to, by departure from Constitution 44 
 
 Devise 38 
 
 Diminution of salaries, &c., forbidden 4 
 
 Directors in Rail Roads and Canal Companies 12 
 
 Disfranchisement for ]^eTJuvy, &c...f ... 1 
 
 Disqualification of Churehes, Ministers, &c., from holding 
 
 property 38 
 
 of convicts, lunatics, &c 1 
 
 for bribery, Ac 1 
 
 of Senators and Delegates 3 
 
 of Judges, &c 4 
 
 Distinction of Departments of Government • 8 
 
 Oisfricis, provisions about removal 1 
 
 legislative in Baltimore 3 
 
 judicial 4 
 
 for Justices of the Peace 
 
 D<vine Being 37, 39 
 
 Sect. 
 
 Page. 
 
 27, &c. 
 
 72 
 
 10,17,25,37 
 
 62,66,71,77 
 
 40 
 
 79 
 
 8 
 
 61 
 
 2 
 
 115 
 
 30,14 
 
 48,64 
 
 15 
 
 33 
 
 34 
 
 50 
 
 2, 3, 4, 
 
 18,19; 
 
 24 
 
 25, 26, 45 
 
 30,36 
 
 73,76 
 
 ... 
 
 17,18 
 
 18 
 
 16; 44 
 
 34 
 
 50 
 
 43 
 
 53 
 
 44 
 
 63 
 
 38 
 
 52 
 
 35,2 
 
 50,89 
 
 20 
 
 36 
 
 16 
 
 66 
 
 ... 
 
 13 
 
 12 
 
 41 
 
 34 
 
 18,19; 61 
 
 34 
 
 51 
 
 ... 
 
 17 
 
 2 
 
 37 
 
 2,3 
 
 29 
 
 3,4,5 
 
 37, 38, 39 
 
 6,7 
 
 40 
 
 9 
 
 40 
 
 10 
 
 41 
 
 U 
 
 41 
 
 12 
 
 41 
 
 13 
 
 42 
 
 15 
 
 43 
 
 17 
 
 44 
 
 18 
 
 44 
 
 24 
 
 45 
 
 ... 
 
 17 
 
 
 20, 21, 22 
 
 11 
 
 41 
 
 ... 
 
 15 
 
 
 20 
 
 ... 
 
 23 
 
 ... 
 
 21 
 
 31 
 
 74 
 
 2 
 
 104 
 
 7 
 
 28 
 
 
 21 
 
 2 
 
 25 
 
 3 
 
 25 
 
 10 
 
 41 
 
 7 
 
 61 
 
 ... 
 
 15 
 
 1,4 
 
 25,26 
 
 2,4 
 
 37,39 
 
 19 
 
 68 
 
 42 
 
 81 
 
 
 20, 21, 22 
 
140 
 
 Index. 
 
 Divm'ce. 
 
 Duellists „. 
 
 Education 
 
 Elections to be free and frequent 
 
 qualifications of voters, &c 
 
 disqualification of criminals 
 
 bribery, illegal voting, &c i 
 
 to be held on refusal to take oath 
 
 of Governor 
 
 of Senators and Delegates 
 
 provisions for vacancies 
 
 disqualifications 
 
 purity of. 
 
 contested 
 
 regulation of 
 
 of Judge of Circuit Courts 
 
 provision for death, Ac, of Judges i 
 
 returns of 
 
 of Judge of Court of Appeals from Baltimore 
 
 of Clerk of Court of Appeals 
 
 of Baltimore Courts 
 
 of Clerks of Courts 
 
 of Judges of Orphans' Courts and Registers of Wills 
 
 of Sheriffs. 
 
 of Coroners, Elisors, Notaries, &c 
 
 of Attorney General 
 
 of State's Attorneys 
 
 of Treasurer, Comptroller, &c 
 
 of County Commissioners 
 
 of Road Surveyors 
 
 of Wreck-Master 
 
 cases of a tie, &c. 
 
 ■when to be held 
 
 Elective Franchise 
 
 Electoral Districts 
 
 Electors 
 
 Eligibility of Governor 
 
 of Senators and Delegates 
 
 of Defaulters 
 
 of Judges 
 
 of Clerks of Courts 
 
 of Judges of Orphans' Courts, Registers of Wills, &c 
 
 of Sheriffs, Ac 
 
 of Attorney General 
 
 of State's Attorneys 
 
 of Mayor 
 
 Elisor 
 
 Enactments, style of laws 
 
 passage of bills 
 
 to carry into execution powers vested by the Con- 
 stitution 
 
 Endorsement 
 
 England 
 
 Enumeration 
 
 Equity .* 
 
 Establishment of Government 
 
 Evidences of Witnesses, and against oneself. 
 
 no exclusion on account of race or color 
 
 Execution of laws not to be suspended 
 
 of laws to be enforced by Governor 
 
 exemption of property from 
 
 Art. 
 
 Sect. 
 
 Page. 
 
 3 
 
 33 
 
 49 
 
 3 
 
 41 
 
 52 
 
 43; 8 
 
 1 
 
 23; 95 
 
 
 ... 
 
 15 
 
 
 1 
 
 24 
 
 
 2 
 
 25 
 
 
 3 
 
 25 
 
 
 7 
 
 28 
 
 2 
 
 2 
 
 29 
 
 3 
 
 2,6,7 
 
 37,40 
 
 3 
 
 13 
 
 42 
 
 3 
 
 9, 10, 11, 12 
 
 40, 41 
 
 3 
 
 42 
 
 53 
 
 3 
 
 47 
 
 54 
 
 3 
 
 49 
 
 55 
 
 
 3 
 
 59 
 
 
 5 
 
 60 
 
 
 11 
 
 63 
 
 
 14 
 
 65 
 
 
 17 
 
 66 
 
 
 31 
 
 73 
 
 
 25,37 
 
 71,77 
 
 
 40, 41 
 
 79,80 
 
 
 44 
 
 82 
 
 
 45 
 
 82 
 
 
 1 
 
 83 
 
 
 7 
 
 85 
 
 
 1 
 
 88 
 
 
 1 
 
 92 
 
 
 2 
 
 92 
 
 
 6 
 
 95 
 
 
 4 
 
 115 
 
 
 7 
 
 116 
 
 
 1 
 
 24 
 
 
 1 
 
 24 
 
 
 3 
 
 25 
 
 2 
 
 4,5 
 
 30 
 
 3 
 
 9, 10, 11 
 
 40,41 
 
 3 
 
 12 
 
 41 
 
 4 
 
 2,3 
 
 59 
 
 4 
 
 25 
 
 71 
 
 4 
 
 40,41 
 
 79,80 
 
 4 
 
 44 
 
 82 
 
 5 
 
 4 
 
 85 
 
 5 
 
 10 
 
 87 
 
 11 
 
 1 
 
 100 
 
 4 
 
 45 
 
 82 
 
 3 
 
 29 
 
 47 
 
 , 3 
 
 28 
 
 47 
 
 3 
 
 66 
 
 57 
 
 6 
 
 3 
 
 90 
 
 6 
 
 ... 
 
 14 
 
 45; 3 
 
 4 
 
 23; £9 
 
 5; 4 
 
 18,29 
 
 14; 67,73 
 
 6 
 
 ... 
 
 15 
 
 21, 22 
 
 ... 
 
 18 
 
 3 
 
 53 
 
 57 
 
 9 
 
 ... 
 
 15 
 
 2 
 
 9 
 
 32 
 
 3 
 
 44 
 
 53 
 
Index. 
 
 141 
 
 Executimi of powers vested by the Constitution.... 
 Executive powers of Government held in trust, &c. 
 
 to be distinct from Legislative and Judicial.... 
 
 rotation of 
 
 powers vested in Governor 
 
 how elected, kc 
 
 contingent fund 
 
 appointments by 
 
 Exemption 
 
 Exile 
 
 Expenditure for books, Ac 
 
 IIouso of Delegates to inquire into 
 
 of public money 
 
 Comptroller, Treasurer, Ac 
 
 Expiration of term of office of Sheriff 
 
 Ex post facto laws not to be made 
 
 Expulsion 
 
 Facts 
 
 Faith. 
 
 Fees, not to be levied without the consent of Legisla- 
 ture 
 
 not to be received by Judges 
 
 of Clerks, &c 
 
 of State's Attorney 
 
 not to be received by Treasurer or Comptroller 
 
 of Commissioner of Land Office 
 
 over three thousand dollars to be paid to Treasurer.. 
 
 Felony 
 
 Fines may bo imposed for the benefit of the community, 
 
 excessive, not to be imposed 
 
 for illegal voting 
 
 may be remitted by the Governoi-. 
 
 Forces 
 
 Foreign Powers 
 
 Forfeitures 
 
 Forms of Government 
 
 Foundation of Government 
 
 Franchise 
 
 Free Public Schools 
 
 Freedmn 
 
 Functions •. 
 
 Fund 
 
 General Assembly- 
 
 Gifts 
 
 God 
 
 Lfgislalure. 
 
 Gospel 
 
 Governor, oath of 
 
 term of office 
 
 to enter office 
 
 mode of elections and returns 
 
 case oF tie , 
 
 qualifications 
 
 vacancies and impeachment ... 
 
 his powers and duties , 
 
 to execute laws 
 
 to appoint all officers 
 
 time of appointments 
 
 to remove officers 
 
 to convene the Legislature 
 
 10 
 
 Art. 
 
 Sect. 
 
 Page 
 
 3 
 
 56 
 
 57 
 
 6 
 
 ... 
 
 15 
 
 8 
 
 
 15 
 
 34 
 
 
 20 
 
 2 
 
 1 
 
 28 
 
 2 
 
 2 
 
 29 
 
 3 
 
 32 
 
 49 
 
 2 
 
 13,14 
 
 33 
 
 3 
 
 18,44 
 
 44,53 
 
 23 
 
 
 18 
 
 3 
 
 16 
 
 43 
 
 3 
 
 24 
 
 45 
 
 3 
 
 32 
 
 49 
 
 6 
 
 2 
 
 89 
 
 4 
 
 44 
 
 82 
 
 17 
 
 
 17 
 
 3 
 
 19 
 
 44 
 
 20; 15 
 
 6 
 
 17; 116 
 
 36; 3 
 
 34 
 
 20; 50 
 
 14 
 
 
 16 
 
 33 
 
 
 20 
 
 3 
 
 45 
 
 53 
 
 5 
 
 3,9 
 
 84, 86 
 
 6 
 
 1 
 
 88 
 
 7 
 
 4 
 
 94 
 
 15 
 
 1 
 
 114 
 
 18 
 
 
 17 
 
 15 
 
 
 16 
 
 25 
 
 
 18 
 
 1 
 
 4 
 
 26 
 
 2 
 
 20 
 
 35 
 
 2 
 
 8 
 
 31 
 
 35 
 
 ... 
 
 20 
 
 27; 2 
 
 20 
 
 19; 35 
 
 1 
 
 
 12 
 
 1,7 
 
 
 13,15 
 
 1 
 
 1 
 
 24 
 
 8 
 
 1 
 
 95 
 
 23,24,34 
 
 ... 
 
 18,20 
 
 8; 10 
 
 ... 
 
 15; 16 
 
 3,6,8 
 
 34, 3, 3 
 
 50, 90, 96 
 
 35,38; 3 
 
 34 
 
 20,21; 50 
 
 36, 37, 39 
 
 
 20,21,22 
 
 38; 3 
 
 11 
 
 21; 41 
 
 1 
 
 6 
 
 27 
 
 2 
 
 1 
 
 28 
 
 2 
 
 3 
 
 29 
 
 2 
 
 2,3 
 
 29 
 
 2 
 
 4 
 
 30 
 
 2 
 
 5 
 
 30 
 
 2 
 
 6,7 
 
 31 
 
 2 
 
 8 
 
 31 
 
 2 
 
 9 
 
 32 
 
 2 
 
 io,n,12 
 
 32 
 
 2 
 
 13,14 
 
 33 
 
 2 
 
 15 
 
 33 
 
 2 
 
 16 
 
 33 
 
142 
 
 Index. 
 
 Aet. Sect. Page. 
 
 Governor, \eto povfer 2 17 34 
 
 to examine Treasury Accounts 2 18 35 
 
 messages 2 19 35 
 
 pardoning power 2 20 35 
 
 residence and salary 2 21 36 
 
 to appoint Secretary of State 2 22 36 
 
 to arrange representation in House of Delegates 3 5 39 
 
 to issue warrants of election 3 13 42 
 
 proclamation to convene Legislature 3 14 43 
 
 to sign bills 3 30 48 
 
 may recommend releasing debts 3 33 49 
 
 to appoint Commissioners to revise laws 3 48 54 
 
 to remove Judges 4 4 60 
 
 to appoint Judges to fill vacancies 4 5,40 60,80 
 
 returns of elections to be certified to 4 11 63 
 
 to order new election in case of tie 4,15 12,4 63,116 
 
 to sign public grants 4 13 64 
 
 to designate Chief Justice of Court of Appeals 4 14 64 
 
 to appoint Justices of the Peace 4 42 81 
 
 to appoint Justices of the Peace to fill vacancies 4 43 81 
 
 to appoint Sheriffs, to fill vacancies, &c 4 44 S2 
 
 to appoint Attorney General to fill vacancies 5 5 85 
 
 to appoint State Librarian 7 3 93 
 
 to appoint Treasurer and Comptroller to fill vacancies.... 6 ' 1 88 
 
 to appoint Adjutant General 9 2 96 
 
 to appoint Superintendent of Labor and Agriculture to 
 
 fill vacancy 10 2 97 
 
 to declare office of defaulters vacant 15 1 114 
 
 to proclaim the vote on the Constitution 15 ... 118 
 
 GorernTnen^, origin, foundation, i-c 1,7 ... 13,15 
 
 right of reform 1,6 ... 13,15 
 
 separation of departments 8 ... 15 
 
 seat of 11 ... 16 
 
 support of. 15 ... 16 
 
 militia,&c 28,29 ... 19 
 
 plea of necessity, bad 44 ... 23 
 
 place of, may be changed 2 16 33 
 
 Governor to reside at seat of. 2 21 36 
 
 laws to be passed to execute powers of. 3 56 57 
 
 Grand Inquest 3 24 45 
 
 (rranis under Charter of dharles the First 5 ... 14 
 
 by the Legislature 3 22 49 
 
 of Charters for Banks, &c 3 39 52 
 
 of land from United States 3 46 53 
 
 form of 4 13 64 
 
 Gratitude of Almighty God 1 ... 13 
 
 Great Seal 3 < 30 48 
 
 Grievances 13; 3 24 16; 45 
 
 Habeas Corpus 3 55 57 
 
 Honors .'. 42 ..; 22 
 
 Houses of Assembly — SQQ Legislature. 
 
 House of Delegates — see Legislature. 
 
 Husband and xoife 3 43 53 
 
 Impartiality 21,33 ... 18,19 
 
 Impeachment 10; 2,3,4 7,20,26,4 . 16;31,35, 
 
 • 46, 60 
 
 Imprisonment 23; 1, 3 4, 23, 38 18; 26, 45, 52 
 
 Incompetency 2,4 15,4 33,60 
 
Index. 
 
 143 
 
 Independency of Judges 
 
 Indictment 
 
 Individuals, credit to 
 
 Ineligibility — see Eligibility. 
 
 Information 
 
 Inhabitants entitled to Common Law 
 
 Injuries 
 
 Injustice 
 
 Inquest 
 
 Inquiry 
 
 Insolvent 
 
 Institution 
 
 Instruction 
 
 Insurrection 
 
 Interest 
 
 Internal Improvements 
 
 Invasion 
 
 Jail 
 
 Journals 
 
 Judges bound by U. S. Constitution 
 
 separation of departments of Government 
 
 oath of ; 
 
 independency of, — removal 
 
 each House of Legislature to be, in certain cases 
 
 qualifications of. 
 
 elections of. 
 
 teim of oflSce 
 
 retiring for inabihty 
 
 removal for incompetency 
 
 vacancies 
 
 conservators of the peace ,. 
 
 disqualifications 
 
 trial without Jury 
 
 removal of cases 
 
 to appoint officers of Courts 
 
 to investigate expenses of Courts 
 
 to make rules for Clerks 
 
 election returns 
 
 case of tie, new election , 
 
 Court of Appeals 
 
 quorum of Court of Appeals 
 
 ^ Judge not to sit below 
 
 opinions in three months 
 
 to hear cases at first term 
 
 to designate cases to be repoi-ted 
 
 to appoint clerk in case of vacancy... 
 
 to make rules about records, practice, costs, fees, arid 
 equity cases 
 
 of Circuit Courts 
 
 their jurisdiction ; 
 
 Chief and two Associates for each Circuit 
 
 terms of Circuit Courts 
 
 one Judge may sit 
 
 points to be heard in banc 
 
 right of appeal preserved 
 
 opinions in two months 
 
 salaries 
 
 appoint clerks to fill vacancies 
 
 to approve deputy clerks 
 
 of Courts in Baltimore 
 
 Art. 
 
 Sect. 
 
 Page. 
 
 33 
 
 ... 
 
 19 
 
 21; 4 
 
 13 
 
 18; 64 
 
 3 
 
 34 
 
 50 
 
 21; 2 
 
 19 
 
 17; 35 
 
 5 
 
 ... 
 
 14 
 
 19 
 
 
 17 
 
 17 
 
 
 17 
 
 3 
 
 24 
 
 45 
 
 3 
 
 24 
 
 45 
 
 4 
 
 28 
 
 73 
 
 1 
 
 
 13 
 
 8 
 
 1 
 
 96 
 
 2 
 
 8 
 
 32 
 
 3 
 
 34,57 
 
 50,57 
 
 3 
 
 34,54 
 
 60,67 
 
 2 
 
 8 
 
 32 
 
 3 
 
 24 
 
 45 
 
 3,6 
 
 22,4 
 
 45,91 
 
 2 
 
 
 14 
 
 8 
 
 ... 
 
 15 
 
 1 
 
 6 
 
 19 
 
 33 
 
 
 27 
 
 3 
 
 19 
 
 44 
 
 
 2 
 
 59 
 
 
 3 
 
 59 
 
 
 3 
 
 59 
 
 
 3 
 
 60 
 
 
 4 
 
 60 
 
 
 5 
 
 60 
 
 
 6 
 
 61 
 
 
 7 
 
 61 
 
 
 8 
 
 61 
 
 
 8 
 
 61 
 
 
 9 
 
 62 
 
 
 9 
 
 62 
 
 
 10 
 
 63 
 
 
 11 
 
 63 
 
 
 12 
 
 63 
 
 
 14 
 
 64 
 
 
 15 
 
 65 
 
 
 15 
 
 65 
 
 
 15 
 
 65 
 
 
 15 
 
 66 
 
 
 16 
 
 66 
 
 
 17 
 
 66 
 
 
 18 
 
 66 
 
 
 19 
 
 68 
 
 
 20 
 
 68 
 
 
 21 
 
 68 
 
 
 21 
 
 69 
 
 
 21 
 
 69 
 
 
 22 
 
 70 
 
 
 22 
 
 70 
 
 
 23 
 
 71 
 
 
 24 
 
 71 
 
 
 25 
 
 71 
 
 
 26 
 
 72 
 
 
 27 
 
 72 
 
144 
 
 Index. 
 
 JMC?gres, jurisdiction 
 
 Supreme Bench of Baltimore 
 
 salaries 
 
 assignment of, in Baltimore 
 
 make rules for Supreme Bench 
 
 right of appeal preserved 
 
 Chief Judge of Supreme Bench to test writs 
 
 Quorum, three Judges 
 
 cases pending to he proceeded with 
 
 of Supreme Bench to appoint Clerlts to fill vacancies 
 
 another Court in Baltimore 
 
 of Orphans' Court 
 
 of Orphans' Court to appoint Registers of Wills in case 
 of vacancy 
 
 of Criminal Courts to decide on elections of State's 
 Attorneys ,....^ 
 
 to fill vacancies in ofiice of State's Attorneys 
 
 Land Office 
 
 right of jury in criminal cases 
 
 Judgment of peers 
 
 Jurisdiction of Court of Appeals 
 
 of Circuit Courts 
 
 of Courts in Baltimore 
 
 of Supreme Bench in Baltimore 
 
 of another Court in Baltimore 
 
 of Baltimore Courts may be changed by Legislature 
 
 of Orphans' Courts 
 
 of Justices of the Peace 
 
 Jury ^. ^ — 
 
 Justice 
 
 Justice of tJu Peace. 
 
 Knowledge to be encouraged., 
 
 Labor and Agriculture 
 
 Land not to be given to Religious uses 
 
 Land Office 
 
 Larceny 
 
 Laws of the United States, supreme 
 
 of Engbiml, &c 
 
 suspension of....i 
 
 preservation of 
 
 sanguinary 
 
 retrospective 
 
 of attainder 
 
 imprisonment 
 
 for quartering soldiers 
 
 martial 
 
 holding two offices 
 
 oath of office 
 
 against illegal voting 
 
 to be enforced by the Governor 
 
 recommendations of Governor 
 
 style of. 
 
 mode of enactment 
 
 special and local 
 
 amendments of 
 
 statements about public money to be published with . 
 
 when to take effect 
 
 Aet. 
 
 Sect. 
 
 Paob. 
 
 4 
 
 28 
 
 72 
 
 4 
 
 31 
 
 73 
 
 4 
 
 31 
 
 74 
 
 4 
 
 32 
 
 74 
 
 4 
 
 33 
 
 75 
 
 4 
 
 33 
 
 76 
 
 4 
 
 34 
 
 76 
 
 4 
 
 a5 
 
 76 
 
 4 
 
 36 
 
 76 
 
 4 
 
 37 
 
 77 
 
 4 
 
 39 
 
 78 
 
 4 
 
 40 
 
 79 
 
 4 
 
 41 
 
 80 
 
 6 
 
 8 
 
 86 
 
 5 
 
 11 
 
 87 
 
 7 
 
 4 
 
 94 
 
 15 
 
 5 
 
 116 
 
 23 
 
 ... 
 
 18 
 
 4 
 
 14 
 
 65 
 
 4 
 
 20 
 
 68 
 
 4 
 
 28,29,30 
 
 72,73 
 
 4 
 
 33 
 
 75 
 
 4 
 
 39 
 
 78 
 
 4 
 
 89 
 
 79 
 
 4 
 
 40 
 
 79 
 
 4 
 
 42 
 
 81 
 
 5,21,23 
 
 40, 8, 5, 6 
 
 14,18 
 
 3,4,15 
 
 21; 
 
 52,61,116 
 
 19,33 
 
 
 17,19 
 
 3 
 
 11 
 
 41 
 
 4 
 
 42,43 
 
 81 
 
 43 
 
 ;•• 
 
 22 
 
 10 
 
 1 
 
 97 
 
 38 
 
 
 22 
 
 7 
 
 4.6 
 
 94 
 
 1 
 
 2 
 
 25 
 
 1 
 
 
 13 
 
 5 
 
 ... 
 
 14 
 
 9 
 
 ... 
 
 15 
 
 12 
 
 
 K^ 
 
 16 
 
 ... 
 
 17 
 
 17 
 
 
 17 
 
 18 
 
 
 17 
 
 23 
 
 ... 
 
 18 
 
 31 
 
 ... 
 
 19 
 
 32 
 
 ... 
 
 19 
 
 35 
 
 
 20 
 
 37 
 
 
 21 
 
 1 
 
 3,4 
 
 25,26 
 
 2 
 
 9 
 
 32 
 
 2 
 
 19 
 
 35 
 
 3 
 
 29 
 
 47 
 
 3 
 
 30,31 
 
 47,48 
 
 3 
 
 33 
 
 49 
 
 3 
 
 29 
 
 47 
 
 3 
 
 32 
 
 49 
 
 3 
 
 81 
 
 48 
 
Index. 
 
 145 
 
 Laws, mode of attesting and recording , 
 
 to protect wife's proiierty 
 
 of exemption 
 
 to regulate Clerks' fees 
 
 about master and slave 
 
 granting Charters to Banks 
 
 to take private property for public use 
 
 about corporations 
 
 contested elections 
 
 for regulation of elections 
 
 against bribery 
 
 suspending habeas corpus prohibited 
 
 for executing vested powers 
 
 about the legal rate of interest 
 
 for taxation of foreign corporations 
 
 about pension Commissioner prohibited 
 
 for another Court in Baltimore City 
 
 about Justices of the Peace 
 
 about Coroners, &c 
 
 State's Attorney's fees 
 
 Lease 
 
 Legislature, trustees of the public . 
 
 right of the people to participate in 
 
 separation of departments of Government... 
 
 alone to suspend laws 
 
 freedom of speech in 
 
 Annapolis to be the place of meeting 
 
 to be frequently convened . 
 
 right of petition 
 
 taxes not to be levied, except by 
 
 alone to raise standing armies 
 
 quartering soldiers 
 
 devises void, without leave of 
 
 duties of. 
 
 to pass laws against illegal voting 
 
 to provide registration laws 
 
 oath of 
 
 provisions about election of Governor 
 
 provisions about vacancies 
 
 consent to Governors commanding militia... 
 
 Governor not to appoint persons rejected by. 
 
 extra sessions of. 
 
 may pass laws over veto 
 
 recommendation from Governor 
 
 Governor to report to, reasons for pardon 
 
 to consist of two branches 
 
 election and classification of Senators 
 
 apportionment of Delegates 
 
 election of Delegates 
 
 classification of Senators 
 
 qualification of members 
 
 persons ineligible 
 
 vacancies • 
 
 time of meeting 
 
 time of adjournment 
 
 compensation 
 
 books not to be purchased 
 
 disqualified to hold other oflBces 
 
 freedom of debate 
 
 powers of each House 
 
 quorum • 
 
 IKI. 
 
 Sect. 
 
 Paos. 
 
 3 
 
 30 
 
 48 
 
 3 
 
 43 
 
 53 
 
 3 
 
 44 
 
 53 
 
 3 
 
 45 
 
 53 
 
 8 
 
 37 
 
 51 
 
 3 
 
 39 
 
 62 
 
 3 
 
 40 
 
 52 
 
 3 
 
 48 
 
 64 
 
 3 
 
 47 
 
 54 
 
 3 
 
 49 
 
 66 
 
 3 
 
 60 
 
 55 
 
 3 
 
 55 
 
 67 
 
 3 
 
 66 
 
 67 
 
 3 
 
 57 
 
 57 
 
 3 
 
 58 
 
 58 
 
 3 
 
 69 
 
 68 
 
 4 
 
 39 
 
 78 
 
 4 
 
 42 
 
 81 
 
 4 
 
 46 
 
 82 
 
 5 
 
 9 
 
 86 
 
 38 
 
 
 22 
 
 6 
 
 ... 
 
 15 
 
 7 
 
 ... 
 
 15 
 
 8 
 
 ... 
 
 15 
 
 9 
 
 
 15 
 
 10 
 
 ... 
 
 16 
 
 11 
 
 ... 
 
 16 
 
 12 
 
 
 16 
 
 13 
 
 ... 
 
 16 
 
 14 
 
 
 16 
 
 29 
 
 ... 
 
 19 
 
 31 
 
 
 19 
 
 38 
 
 
 22 
 
 43 
 
 ... 
 
 22 
 
 1 
 
 4 
 
 26 
 
 1 
 
 5 
 
 26 
 
 1 
 
 6 
 
 27 
 
 2 
 
 3.4 
 
 29,30 
 
 2 
 
 7 
 
 31 
 
 2 
 
 8 
 
 32 
 
 2 
 
 12 
 
 32 
 
 2 
 
 16 
 
 33 
 
 2 
 
 17 
 
 34 
 
 2 
 
 19 
 
 35 
 
 2 
 
 20 
 
 35 
 
 3 
 
 1 
 
 37 
 
 3 
 
 2 
 
 37 
 
 3 
 
 3, 4; 5 
 
 37, 38, 39 
 
 3 
 
 6,7 
 
 40 
 
 3 
 
 8 
 
 40 
 
 3 
 
 9 
 
 40 
 
 3 
 
 10, 11, 12 
 
 41,42 
 
 3 
 
 13 
 
 42 
 
 3 
 
 14 
 
 43 
 
 3 
 
 15 
 
 43 
 
 3 
 
 15 
 
 43 
 
 3 
 
 16 
 
 43 
 
 3 
 
 17 
 
 44 
 
 8 
 
 18 
 
 44 
 
 3 
 
 19 
 
 44 
 
 3 
 
 20 
 
 44 
 
146 
 
 Index. 
 
 Ijegislature, sessions to be open 
 
 journals to be published 
 
 imprisonment of disorderly persons 
 
 Powers of House, as Grand Inquest 
 
 special adjournments 
 
 impeachments 
 
 either House may originate bills 
 
 passage of bills 
 
 style of laws and mode of enactment 
 
 mode of attesting laws 
 
 when laws to take effect 
 
 appropriations of money to be made by law 
 
 contingent fund 
 
 statement of use of public moneys to be published 
 
 divorces not to be granted 
 
 local and special laws not to be passed 
 
 debts not to be contracted 
 
 credit of the State not to be granted 
 
 proceeds of internal improvement companies and State 
 
 tax, to be used to pay public debt 
 
 may bori'ow fifty thousand dollars 
 
 may contract debts for defence of the State 
 
 no extra compensation to be allowed 
 
 Lotteries prohibited 
 
 payment for slaves prohibited 
 
 imprisonment for debt prohibited 
 
 provision about Bank Charters 
 
 private property taken for public use to be paid for 
 
 duelling prohibited 
 
 ■ purity of elections 
 
 wife's property to be protected 
 
 exemption laws 
 
 uniform system of Charges 
 
 may receive land from United States 
 
 contested elections 
 
 corporations to be formed under general laws 
 
 regulation of elections 
 
 bribery 
 
 taxation of personal property 
 
 appropriations for private claims 
 
 witnesses „ 
 
 counties not to contract debts 
 
 Habeas Corpus 
 
 to pass laws to execute vested powers 
 
 rate of interest to bo provided 
 
 foreign corporations to be taxed „ 
 
 office of Pension Commissioner abolished 
 
 address of, to remove Judges 
 
 to provide compensation for Court Officers 
 
 Sessions of Court of Appeals 
 
 Reports of cases in Court of Appeals 
 
 rules for appeals, records, &c 
 
 may provide another Court in Baltimore 
 
 to fix compensation of Judges of Orphans' Courts 
 
 Coroners, Elisors and Notaries 
 
 reports of Comptroller and Treasurer. 
 
 provisions about County Commissioners 
 
 provisions about Surveyors 
 
 provisions about Wreck-master 
 
 Education 
 
 Militia 
 
 T. 
 
 Sect. 
 
 Pagk. 
 
 3 
 
 21 
 
 44 
 
 3 
 
 22 
 
 45 
 
 3 
 
 •23 
 
 45 
 
 3 
 
 24 
 
 45 
 
 3 
 
 25 
 
 46 
 
 3 
 
 26 
 
 46 
 
 3 
 
 27 
 
 47 
 
 3 
 
 28 
 
 47 
 
 3 
 
 29 
 
 47 
 
 3 
 
 30 
 
 48 
 
 3 
 
 31 
 
 48 
 
 3 
 
 32 
 
 49 
 
 3 
 
 32 
 
 49 
 
 3 
 
 32 
 
 49 
 
 3 
 
 33 
 
 49 
 
 3 
 
 33 
 
 49 
 
 3 
 
 34 
 
 50 
 
 3 
 
 34 
 
 60 
 
 3 
 
 34 
 
 51 
 
 3 
 
 34 
 
 51 
 
 3 
 
 34 
 
 51 
 
 3 
 
 35 
 
 51 
 
 3 
 
 •36 
 
 51 
 
 3 
 
 37 
 
 51 
 
 3 
 
 38 
 
 52 
 
 3 
 
 39 
 
 52 
 
 3 
 
 40 
 
 62 
 
 3 
 
 41 
 
 52 
 
 3 
 
 42 
 
 53 
 
 3 
 
 43 
 
 53 
 
 3 
 
 44 
 
 63 
 
 3 
 
 45 
 
 63 
 
 3 
 
 46 
 
 53 
 
 3 
 
 47 
 
 64 
 
 3 
 
 48 
 
 54 
 
 3 
 
 49 
 
 55 
 
 3 
 
 50 
 
 55 
 
 3 
 
 51 
 
 56 
 
 3 
 
 62 
 
 66 
 
 3 
 
 63 
 
 57 
 
 3 
 
 64 
 
 57 
 
 3 
 
 65 
 
 57 
 
 3 
 
 66 
 
 57 
 
 3 
 
 67 
 
 67 
 
 3 
 
 68 
 
 68 
 
 3 
 
 58 
 
 S9 
 
 
 4 
 
 60 
 
 
 9 
 
 62 
 
 
 14 
 
 65 
 
 
 16 
 
 66 
 
 
 18 
 
 67 
 
 
 39 
 
 78 
 
 
 40 
 
 79 
 
 
 45 
 
 82 
 
 
 24 
 
 89,91 
 
 
 1 
 
 92 
 
 
 2 
 
 93 
 
 
 6 
 
 95 
 
 8 
 
 1 
 
 95 
 
 9 
 
 1 
 
 96 
 
Index. 147 
 
 Art. 
 
 Legislature, Labor and Agriculture 10 
 
 City of Baltimore 11 
 
 Amendments to Constitution 14 
 
 Miscellaneous 15 
 
 Liability 3 
 
 Liberty 6,7,20,23,24 
 
 29,33,34,36,40 
 
 Librarian 3, 7 
 
 Literature 43 
 
 Lives.... 20,23 
 
 Lot 2 
 
 lottery 3 
 
 Lunatics 1 
 
 Majority of each House to be a quorum 3 
 
 of each House required to pass bills 3 
 
 of House of Delegates to concur in impeachments 3 
 
 Manlcind 6 
 
 Manufactures 43 
 
 Marines 32 
 
 Martial Law 32 
 
 Maryland 5 
 
 Master and Slave 24; 3 
 
 Mayor of Baltimore 11 
 
 Meetings of Legislature to be at Annapolis 11 
 
 of Legislature to be frequent 12 
 
 of Legislature, extra 2 
 
 of Legislature, regular 3 
 
 of Court of Appeals 4 
 
 Meeting House 38 
 
 Members of House of Delegates 3 
 
 of Senate 3 
 
 persons ineligible 3 
 
 compensation 3 
 
 Members of Congress 3 
 
 ifessa^res, of Governor 2 
 
 Mileage 3 
 
 Military 2P, 29, 30,31 
 
 32; 29 
 
 Minister 36,38; 3 
 
 Misbehaviour, removal of officers 2 
 
 Courts Martial 2 
 
 Clerk of Court of Appeals 4 
 
 Clerks of Circuit Courts 4 
 
 Register of Wills 4 
 
 State's Attorneys 5 
 
 Miscellaneous 15 
 
 Money, penalties for giving, to procure votes 1 
 
 abuses in expenditures of 3 24 
 
 not to be drawn from Treasury without appropria- 
 tion 8 32 
 
 publication of receipts and expenditures 3 32 
 
 debts not to be contracted by the Legislature 3 
 
 defaulting collectors ineligible 3 
 
 duties of Comptroller and Treasurer 6 
 
 compensation of officers not to exceed three thou- 
 sand dollars .'. ... 15 
 
 trial by jury for all sums above five dollars 15 
 
 Monopolies 41 
 
 Morality 36 
 
 Municipal Corporations 3 
 
 Sect. 
 
 Paqk. 
 
 1 
 
 97 
 
 9 
 
 103 
 
 1 
 
 111 
 
 1 
 
 113 
 
 18,39 
 
 44,52 
 
 
 15,17,18, 
 
 
 19,20,22 
 
 24,3 
 
 46,93 
 
 
 23 
 
 
 17,18 
 
 4 
 
 30 
 
 36 
 
 51 
 
 2 
 
 25 
 
 20 
 
 44 
 
 28 
 
 47 
 
 26 
 
 46 
 
 ... 
 
 15 
 
 
 23 
 
 ... 
 
 19 
 
 ... 
 
 19 
 
 
 14 
 
 37 
 
 18; 51 
 
 1,5,6 
 
 99, 101 
 
 ... 
 
 16 
 
 
 16 
 
 16 
 
 33 
 
 14 
 
 43 
 
 14 
 
 65 
 
 
 22 
 
 6 
 
 40 
 
 7 
 
 40 
 
 9, 10, 11, 12 
 
 40,41 
 
 15 
 
 43 
 
 10 
 
 41 
 
 19 
 
 35 
 
 15 
 
 43 
 
 8,1 
 
 19; 31, 96 
 
 11 
 
 20,21; 41 
 
 15 
 
 33 
 
 15 
 
 33 
 
 17 
 
 66 
 
 25 
 
 71 
 
 41 
 
 80 
 
 1,7 
 
 83,85 
 
 1 
 
 114 
 
 3 
 
 25 
 
 34 
 
 50 
 
 12 
 
 42 
 
 2,3 
 
 89,90 
 
 1 
 
 114 
 
 6 
 
 116 
 
 
 22 
 
 ... 
 
 20 
 
 48 
 
 54 
 
148 
 
 Index. 
 
 Name 
 
 Naval force 
 
 Necessity, plea of, bad 
 
 Negroes 
 
 Newspaper 
 
 Nobility:. 
 
 Nolle Prosequi .• 
 
 Nomination 
 
 Non Compos 
 
 Non-resistance 
 
 Notaries 
 
 Notes 
 
 Notice of application for pardon 
 
 of election fol- Senator or Delegate 
 
 Number, of votes for Governor 
 
 of Senators and Delegates 
 
 necessary to constitute Quorum, &c 
 
 majority of votes necessary to pass laws „.. 
 
 majority of House to concur in impeachments 
 
 two-thirds of each House to concur in address to 
 remove Judges „ 
 
 of Justices of the Peace 
 
 of County Commissioners 
 
 of population for New County 
 
 new election, when equal 
 
 Oaf/i, retrospective, not to be required 
 
 witnesses to be examined 
 
 of officers 
 
 of office 
 
 manner of administering 
 
 perjury 
 
 House of Delegates may inquire on 
 
 impeachments 
 
 to report of entries in book of receipts of oflBcers 
 
 Offence 
 
 (Officer, Judges not to hold any other oflBce 
 
 rotation of 
 
 no person to hold two oflSces 
 
 oath ; 
 
 disfranchisement for perjury, &c 
 
 bribery 
 
 form of oath 
 
 perjury 
 
 military to be appointed by Governor 
 
 vacancies ~ 
 
 persons rejected not be appointed 
 
 time of nomination 
 
 term of office 
 
 removals 
 
 Senators' term of office 
 
 Delegates' term of office - 
 
 qualification of Legislators , 
 
 ineligibility 
 
 no extra compensation to be allowed 
 
 powers of Legislature to send for persons and 
 papers 
 
 vacancies in office of Legislator 
 
 compensation of Senators and Delegates 
 
 defaulters ineligible 
 
 Aet. 
 
 Sect. 
 
 Pagi. 
 
 1 
 
 4 
 
 26 
 
 2 
 
 8 
 
 31 
 
 44 
 
 ... 
 
 23 
 
 24; 3 
 
 37 
 
 18; 51 
 
 2 
 
 20 
 
 35 
 
 42 
 
 
 22 
 
 2 
 
 20 
 
 35 
 
 2 
 
 10, 11, 12 
 13,14 
 
 32,33 
 
 1 
 
 2 
 
 25 
 
 6 
 
 
 15 
 
 4 
 
 45 
 
 82 
 
 3 
 
 39 
 
 52 
 
 2 
 
 20 
 
 35 
 
 3 
 
 13 
 
 42 
 
 2 
 
 4 
 
 30 
 
 3 
 
 2,3,4 
 
 .37, 38, 39 
 
 3 
 
 20 
 
 44 
 
 3 
 
 28 
 
 47 
 
 3 
 
 26 
 
 46 
 
 4 
 
 4 
 
 60 
 
 4 
 
 42 
 
 81 
 
 7 
 
 1 
 
 92 
 
 . 13 
 
 1 
 
 m 
 
 15 
 
 4 
 
 115 
 
 17 
 
 ... 
 
 17 
 
 21 
 
 ... 
 
 18 
 
 1 
 
 6 
 
 27 
 
 37; 1 
 
 6,7 
 
 21 ; 27, 28 
 
 39 
 
 ... 
 
 22 
 
 1 
 
 7 
 
 28 
 
 3 
 
 24 
 
 45 
 
 3 
 
 26 
 
 46 
 
 15 
 
 1 
 
 114 
 
 2,3 
 
 15,24 
 
 33,45 
 
 33 
 
 
 20 
 
 34 
 
 
 20 
 
 35 
 
 ... 
 
 20 
 
 37,39 
 
 
 21, 22 
 
 1 
 
 7 
 
 28 
 
 1 
 
 3 
 
 25 
 
 1 
 
 6 
 
 27 
 
 1 
 
 7 
 
 28 
 
 2 
 
 10 
 
 32 
 
 2 
 
 11 
 
 32 
 
 2 
 
 12 
 
 32 
 
 2 
 
 13 
 
 33 
 
 2 
 
 13 
 
 33 
 
 2 
 
 15 
 
 33 
 
 3 
 
 2 
 
 37 
 
 3 
 
 6 
 
 40 
 
 3 
 
 9,10,11 
 
 40,41 
 
 3 
 
 12,17 
 
 41,44 
 
 3 
 
 35 
 
 61 
 
 3 
 
 24 
 
 45 
 
 3 
 
 13 
 
 42 
 
 3 
 
 15 
 
 43 
 
 3 
 
 12 
 
 41 
 
Index. 
 
 149 
 
 Officer, duelists ineligible 
 
 of Banks not to borrow money 
 
 public commission 
 
 returns of elections 
 
 new elections in cases of a tie, &e 
 
 sundry officers - 
 
 Commissioner of Land Office 
 
 State Librarian • 
 
 County Commissioners 
 
 Surveyors 
 
 Wreck-Master 
 
 Education « 
 
 Militia 
 
 of Labor and Agriculture 
 
 of City of Baltimore 
 
 of Public Works 
 
 • compensation of officers not to exceed three thou- 
 sand dollars 
 
 continuation of certain persons in office 
 
 commencement of their terms 
 
 before whom to qualify 
 
 Opinion 
 
 Oppression 15, 
 
 Order - 
 
 Origin of Government 
 
 of bills 
 
 Orphans' Courts 
 
 Outlatory 
 
 Pain^ 
 
 Pardons 
 
 Pnrtialitii 
 
 Parsonage 
 
 Party, right of Jury trial 5, 1 
 
 affinity to Judge 
 
 removal of eases 
 
 State cases in Court of Appeals, &c 
 
 Paupers .... 
 
 Peace 13, 
 
 Penalties, unusual, not to be inflicted 
 
 for bribery 
 
 for perjury 
 
 for disorderly conduct 
 
 for non-attendance 
 
 Pension Commissioner 
 
 People, origin of government 
 
 bound by Constitution ofU. S 
 
 State's Rights 
 
 right of reform 
 
 right of suffrage 
 
 trial of facts where they arise 
 
 independency of Judges 
 
 rights retained > 
 
 elections by...... 
 
 adoption of Constitution 
 
 amendments of Constitution 
 
 Perjury 
 
 Perquisites ... 
 
 Persuasion 3C, 37, 
 
 Petition 
 
 11 
 
 Art. 
 
 Sect. 
 
 
 Page. 
 
 3 
 
 41 
 
 
 52 
 
 3 
 
 39 
 
 
 52 
 
 4 
 
 13 
 
 
 64 
 
 4 
 
 11 
 
 
 63 
 
 4 
 
 12 
 
 
 6ii 
 
 7 
 
 1 
 
 
 92 
 
 7 
 
 4 
 
 
 94 
 
 7 
 
 3 
 
 
 93 
 
 7 
 
 1 
 
 
 92 
 
 7 
 
 2 
 
 
 92 
 
 7 
 
 6 
 
 
 95 
 
 8 
 
 
 
 95 
 
 9 
 
 
 
 96 
 
 10 
 
 
 
 97 
 
 11 
 
 
 
 99 
 
 12 
 
 
 
 103 
 
 15 
 
 1 
 
 
 115 
 
 15 
 
 2,3 
 
 
 115 
 
 15 
 
 9 
 
 
 116 
 
 15 
 
 10 
 
 
 117 
 
 4; 5 
 
 15, 23 ; 3 
 
 65, 
 
 71; 84 
 
 17,26 
 
 
 1€ 
 
 , 17, 18 
 
 38 
 
 ... 
 
 
 21 
 
 1 
 
 
 
 13 
 
 3 
 
 27 
 
 
 47 
 
 4 
 
 40 
 
 
 79 
 
 23 
 
 ... 
 
 
 18 
 
 16 
 
 ... 
 
 
 17 
 
 1,2 
 
 2,20 
 
 
 25,35 
 
 1 
 
 
 
 
 27 
 
 38 
 
 
 
 22 
 
 21; 15 
 
 6 
 
 1*, 
 
 17; 116 
 
 4 
 
 7 
 
 
 61 
 
 4 
 
 8 
 
 
 61 
 
 5 
 
 3 
 
 
 84 
 
 15 
 
 
 
 16 
 
 31, 36, 
 
 6 
 
 16 
 
 19,20, 
 
 44,4 
 
 
 
 23, 01 
 
 16 
 
 ... 
 
 
 17 
 
 1 
 
 3 
 
 
 25 
 
 1 
 
 7 
 
 
 28 
 
 3 
 
 19, 23 
 
 
 44,45 
 
 3 
 
 20 
 
 
 44 
 
 3 
 
 69 
 
 
 58 
 
 1 
 
 ... 
 
 
 13 
 
 2 
 
 ... 
 
 
 14 
 
 3,4 
 
 
 
 14 
 
 6 
 
 ... 
 
 
 16 
 
 7 
 
 ... 
 
 
 15 
 
 20 
 
 
 
 17 
 
 33 
 
 ... 
 
 
 19 
 
 45 
 
 
 
 21 
 
 3 
 
 2,6 
 
 
 37,40 
 
 15 
 
 ... 
 
 
 lis 
 
 14 
 
 I 
 
 
 111 
 
 1 
 
 7 
 
 
 ■a 
 
 33; 6 
 
 1 
 
 
 21; 88 
 
 , 38, 39 
 
 ... 
 
 20 
 
 , 21, 22 
 
 13; 2 
 
 20 
 
 
 16; 3G 
 
Ie50 
 
 Index. 
 
 Haee for meeting of Legislature 
 
 of trial of facts 
 
 search warrants 
 
 extra sessions of Legislature 
 
 of adjournment of Legislature „ 
 
 of meeting of Court of Appeals 
 
 of offices of Treasurer and Comptroller 
 
 Plurality 
 
 Police 
 
 Poll Tax 
 
 Powers reserved 
 
 to alter or reform government 
 
 persons invested with, trustees of public 
 
 Legislative, Executive and Judicial to be separate, 
 
 military 
 
 long continuance in, dangerous 
 
 executive, vested in Governor 
 
 veto 
 
 pardoning 
 
 of each House of the Legislature 
 
 of House of Delegates 
 
 to pass necessary laws _. 
 
 judicial 
 
 of Court of Appeals 
 
 of Circuit Judges 
 
 of Court in Baltimore ...". 
 
 of Judges of Orphans' Court 
 
 of Board of Public Works 
 
 of Juries in Criminal Cases 
 
 Practice 
 
 Preacher -. 
 
 Preamble 
 
 Presents 
 
 Presentment 
 
 President of Senate 
 
 Press 
 
 Prince « 
 
 Printing 
 
 Privileges \ 
 
 Proclamation 
 
 Profession 
 
 ProfiU 
 
 Property derived under Charter of the State 
 
 taxation 
 
 no man to be deprived of 
 
 search warrants 
 
 sales, &c., to Ministers, &c 
 
 of wife to be protected 
 
 exemption laws 
 
 taken for public use 
 
 Prosecution 
 
 Protection 
 
 Publication, liberty of the press 
 
 of Journals of Legislature 
 
 of laws 
 
 of statement about public moneys 
 
 of decisions of Court of Appeals 
 
 of Treasurer's Report 
 
 Publicity 
 
 Public Debt 
 
 Public Instruction 
 
 Art. 
 11 
 
 Page. 
 10 
 17 
 18 
 34 
 
 4 
 
 14 
 
 65 
 
 6 
 
 1 
 
 88 
 
 2 
 
 3 
 
 29 
 
 4 
 
 ... 
 
 14 
 
 15 
 
 ... 
 
 16 
 
 3 
 
 ... 
 
 14 
 
 1 
 
 ... 
 
 13 
 
 6 
 
 ... 
 
 15 
 
 8 
 
 ... 
 
 15 
 
 30 
 
 ... 
 
 19 
 
 34 
 
 ... 
 
 20 
 
 2 
 
 1 
 
 28* 
 
 2 
 
 17 
 
 34 
 
 2 
 
 20 
 
 35 
 
 3 
 
 19,23 
 
 44,45 
 
 3 
 
 24, 26 
 
 45,46 
 
 3 
 
 56 
 
 57 
 
 4 
 
 1 
 
 58 
 
 4 
 
 16,18 
 
 66 
 
 4 
 
 21,22 
 
 68 
 
 4 
 
 28, &c. 
 
 72, &c. 
 
 4 
 
 40 
 
 79 
 
 12 
 
 1 
 
 103 
 
 15 
 
 5 
 
 116 
 
 5,36 
 
 
 14, 20 
 
 36, 38 ; 3 
 
 11 
 
 20,21; 41 
 13 
 
 33, 35 ; 1 
 
 3 
 
 20; 25 
 
 3 
 
 24 
 
 45 
 
 2 
 
 7 
 
 31 
 
 40 
 
 
 22 
 
 35 
 
 ... 
 
 20 
 
 3 
 
 24,30 
 
 46,48 
 
 5, 23, 40 ; 3 
 
 18 14, 18, 22; 44 
 
 3,15 
 
 14 
 
 43, 118 
 
 36, 37, 38, 39 
 
 
 20, 21, 22 
 
 35; 1 
 
 3,6 
 
 20; 25, 28 
 
 5 
 
 
 14 
 
 15 
 
 
 16 
 
 23 
 
 
 18 
 
 26 
 
 ... 
 
 18 
 
 38 
 
 ... 
 
 21 
 
 3 
 
 43 
 
 53 
 
 3 
 
 44 
 
 53 
 
 3 
 
 40 
 
 52 
 
 21; 3 
 
 18 
 
 17; 44 
 
 36, 3 
 
 43,44 
 
 20; 53 
 
 40 
 
 
 22 
 
 3 
 
 22 
 
 45 
 
 3 
 
 30 
 
 48 
 
 3 
 
 32 
 
 49 
 
 4 
 
 16 
 
 66 
 
 C 
 
 4 
 
 91 
 
 3 
 
 21 
 
 44 
 
 3,6 
 
 34, 2, 3 
 
 50, 89, 90 
 
 8 
 
 1 
 
 95 
 
Index. 
 
 151 
 
 Public Works 
 
 Punishment, cruel and unilsual, not to be inflicted. 
 
 ex post facto laws 
 
 criminal prosecutions 
 
 without law 
 
 witnesses and jurors belief in 
 
 for bribery 
 
 for illegal voting 
 
 of disorderly members of Legislature 
 
 of other persons by Legislature 
 
 of bank officers 
 
 Purchase 
 
 Qualifications for suffrage 
 
 oath of office 
 
 of Governor 
 
 of Senators and Delegates 
 
 of Judges 
 
 of Judges of Orphans' Court. 
 
 of Sheriff. 
 
 of Attorney General 
 
 of State's Attorneys 
 
 of Mayor 
 
 Quartering of soldiers 
 
 Questions 
 
 Quorum 
 
 Race, — or Color 
 
 Rail Roads 
 
 Ratification 
 
 Reading of bills on three different days. 
 
 Reasons for pardons 
 
 Recommendations of Governor 
 
 Receipts 
 
 Receivers 
 
 Records of Secretary of State 
 
 of Yeas and Nays 
 
 House of Delegates may call for 
 
 of laws of the State 
 
 Redress , 
 
 Reference , 
 
 Reform „ 
 
 Refusal to take oath 
 
 of Voters 
 
 JRegistration 
 
 Regulation of internal police of the State. 
 
 for removals of cases 
 
 of fiscal affairs by Comptroller 
 
 Rejections 
 
 Relations __ ~ _ 
 
 Removal of Judges for misbehavior 
 
 of voters 
 
 of Governor from the State 
 
 of military officers , 
 
 of place of meeting of Legislature. 
 
 of Secretary of State 
 
 of Senators and Delegates 
 
 of Clerk of Court of Appeals 
 
 ART. 
 
 Sect. 
 
 Page. 
 
 3,12 
 
 34,1 
 
 50, 103 
 
 16,25 
 
 ... 
 
 17,18 
 
 17 
 
 
 17 
 
 21 
 
 ... 
 
 18 
 
 23 
 
 
 18 
 
 36 
 
 
 21 
 
 1 
 
 3 
 
 25 
 
 1 
 
 4 
 
 26 
 
 3 
 
 19 
 
 44 
 
 3 
 
 23 
 
 45 
 
 3 
 
 39 
 
 52 
 
 3,6 
 
 16, 24, 3 
 
 43, 46, 90 
 
 7; 1 
 
 1 
 
 15; 24 
 
 1 
 
 6,7 
 
 27,28 
 
 2 
 
 5 
 
 30 
 
 3 
 
 9, 10, 11, 12 
 
 40,41 
 
 4 
 
 2 
 
 59 
 
 4 
 
 40 
 
 79 
 
 4 
 
 44 
 
 82 
 
 5 
 
 4 
 
 85 
 
 5 
 
 10 
 
 87 
 
 11 
 
 1 
 
 100 
 
 31 
 
 ... 
 
 19 
 
 3 
 
 22 
 
 45 
 
 3 
 
 20 
 
 44 
 
 3 
 
 53 
 
 57 
 
 12 
 
 2,3 
 
 104, 105 
 
 15 
 
 ... 
 
 118 
 
 3 
 
 27 
 
 47 
 
 2 
 
 20 
 
 36 
 
 2 
 
 20 
 
 36 
 
 3,6 
 
 32,3 
 
 49,90 
 
 3,6 
 
 12,3 
 
 41,90 
 
 2 
 
 12 
 
 32 
 
 2 
 
 23 
 
 36 
 
 3 
 
 22 
 
 45 
 
 3 
 
 24 
 
 45 
 
 3 
 
 30 
 
 48 
 
 13 
 
 
 16 
 
 3 
 
 29 
 
 47 
 
 1,6 
 
 ._. 
 
 13,15 
 
 1 
 
 7 
 
 28 
 
 1 
 
 5 
 
 2G 
 
 1 
 
 5 
 
 26 
 
 4 
 
 ... 
 
 14 
 
 4 
 
 8 
 
 61 
 
 6 
 
 2 
 
 89 
 
 2 
 
 12 
 
 32 
 
 4 
 
 7 
 
 61 
 
 38,39 
 
 
 20. 21, 22 
 
 3 
 
 11 
 
 41 
 
 33 
 
 
 19 
 
 1 
 
 1,4 
 
 25,26 
 
 2 
 
 6 
 
 31 
 
 2 
 
 15 
 
 33 
 
 2 
 
 16 
 
 33 
 
 2 
 
 22 
 
 ^ 36 
 
 3 
 
 9 
 
 41 
 
 4 
 
 17 
 
 66 
 
152 
 
 Index. 
 
 Removal of Judges 
 
 of Clerks of Circuit Courts 
 
 of Register of Wills 
 
 of Justices of the Peace 
 
 of Sheriffs 
 
 of cases '. 
 
 of State's Attorneys 
 
 Reports 
 
 Representation 
 
 Reprieve 
 
 Residence of voters 
 
 of Governor 
 
 of Senators and Delegates 
 
 of Judges 
 
 of Sheriffs 
 
 of State's Attorneys 
 
 Resignation of officers elected 
 
 of Governor, &c 
 
 of Senators and Delegates 
 
 of Judges, &c 
 
 Returns of election for Governor 
 
 for other officers 
 
 for State's Attorneys 
 
 to be regulated by Legislature 
 
 Revenue 
 
 Rewards 
 
 Rights to alter Government 
 
 of internal Government 
 
 of reform 
 
 to participate in Legislature. 
 
 of petition 
 
 to have justice 
 
 to trial of facts where they arise 
 
 to be informed of accusation .... 
 
 natural, civil and religious 
 
 to Constitutional law in War and Peace 
 
 retained by the People 
 
 Rotation in office 
 
 Rules 
 
 Safety *. 
 
 St. Mary's County 
 
 Salary — see Compensation 
 
 Sale 
 
 Schools 
 
 Sciences 
 
 Seal 
 
 Search 
 
 Seat of Government 
 
 to be at Annapolis 
 
 becoming unsafe 
 
 Secrecy 
 
 Se&retary of State 
 
 Sect 
 
 Security of liberty 
 
 trial of facts where they' arise 
 
 independence of Judges 
 
 rotation in office 
 
 bribery 
 
 Art. 
 
 Sect. 
 
 Pao». 
 
 
 4 
 
 60 
 
 
 25 
 
 71 
 
 
 41 
 
 80 
 
 
 42 
 
 81 
 
 
 44 
 
 82 
 
 
 8 
 
 61 
 
 5 
 
 1,7 
 
 83,86 
 
 , 6, 15 
 
 20, 16, 2 
 
 35, 66, 89 
 
 
 4, 1 
 
 91, 114 
 
 3 
 
 3,4,5 
 
 37,38,39 
 
 2 
 
 20 
 
 35 
 
 1 
 
 1.4 
 
 24,26 
 
 2 
 
 5,21 
 
 30,36 
 
 3 
 
 9 
 
 41 
 
 4 
 
 2,21 
 
 o9, 69 
 
 4 
 
 44 
 
 82 
 
 6 
 
 4,10 
 
 86,87 
 
 1 
 
 7 
 
 28 
 
 2 
 
 6 
 
 31 
 
 3 
 
 13 
 
 42 
 
 4 
 
 5 
 
 60 
 
 2 
 
 2,3 
 
 29 
 
 4 
 
 11 
 
 63 
 
 5 
 
 2,8 
 
 83,86 
 
 3 
 
 49 
 
 55 
 
 3,6 
 
 24,2 
 
 45, 89 
 
 36; 1 
 
 3 
 
 21; 26 
 
 1 
 
 ... 
 
 13 
 
 4 
 
 
 14 
 
 6 
 
 
 15 
 
 7 
 
 
 15 
 
 13 
 
 ... 
 
 16 
 
 19 
 
 ... 
 
 17 
 
 20 
 
 
 17 
 
 21 
 
 
 18 
 
 36 
 
 ... 
 
 20 
 
 44 
 
 
 23 
 
 46 
 
 
 23 
 
 34 
 
 ... 
 
 20 
 
 3 
 
 19 
 
 44 
 
 16,36 
 
 ... 
 
 17,20 
 
 3 
 
 34 
 
 60 
 
 19,38 
 
 
 17,21 
 
 8 
 
 1 
 
 95 
 
 43 
 
 
 23 
 
 3,4 
 
 30,13 
 
 48,64 
 
 26 
 
 
 18 
 
 2,4,6 
 
 22, 14, 1 
 
 36, 65, 88 
 
 11 
 
 ... 
 
 16 
 
 2 
 
 16 
 
 34 
 
 3 
 
 21 
 
 44 
 
 2 
 
 2, 22, 23 
 
 29,36 
 
 36, 38 
 
 
 20, 21 
 
 7 
 
 
 15 
 
 20 
 
 
 17 
 
 33 
 
 
 19 
 
 34 
 
 ••• 
 
 20 
 
 1 
 
 3 
 
 25 
 
Index. 
 
 153 
 
 SecMn'ft/ of wife's property 
 
 to be given by Sheriff. 
 
 Seizure * 
 
 Senate, oath of 
 
 election of Governor 
 
 vacancy in office of Governor 
 
 consent of, to appointments by Governor 
 
 may be convened alone 
 
 election of 
 
 classification 
 
 qualifications 
 
 compensation 
 
 disqualified to hold office 
 
 not liable for words in debate 
 
 to keep Journal 
 
 special adjournment 
 
 ineligibility of defaulters and duelists 
 
 impeachment 
 
 consent of, to designation of Chief Justice 
 
 Sessions, election returns to, made to Legislature, at its 
 commencement 
 
 extra, of Legislature 
 
 of Legislature, time of, determined 
 
 of Legislature to be open 
 
 of Legislature, special adjournment 
 
 bills to be read on three different days 
 
 statement about public moneys to be published 
 
 appointment of Treasurer, &c 
 
 reports of Treasurer and Comptroller 
 
 reports of Board of Public Works 
 
 sense of the people, about calling a convention to 
 
 amend Constitution 
 
 Sheriffs . 
 
 Sinking Fund •. 
 
 Slave 
 
 Slavery 
 
 Soldiers 
 
 Speaker of House of Delegates 
 
 Special Laws 
 
 Speech 
 
 State Rights 
 
 charter : 
 
 taxes __ 
 
 holding offices 
 
 disturbing the peace 
 
 titles of Nobility 
 
 Executive, power of _ 
 
 recommendations of Governor 
 
 appropriations of money - 
 
 credit of, not to be loaned 
 
 extra compensation not to bo allowed 
 
 Judicial powers 
 
 Elections 
 
 cases in Court of Appeals, &c 
 
 fiscal affairs of. 
 
 Public Works 
 
 Statements 
 
 State's Attorneys— see Attorneys. 
 
 State Librarian 
 
 State Treasurer _ 
 
 Art. 
 
 Skot, 
 
 Paok. 
 
 3 
 
 43 
 
 53 
 
 4 
 
 44 
 
 82 
 
 26 
 
 
 18 
 
 1 
 
 6 
 
 27 
 
 2 
 
 3,4 
 
 29,30 
 
 2 
 
 7 
 
 31 
 
 2, 4 
 
 10, 42 
 
 32,81 
 
 2 
 
 16 
 
 33 
 
 3 
 
 2.7 
 
 37,40 
 
 3 
 
 8 
 
 40 
 
 3 9, 
 
 10, 11, 12 
 
 40,41 
 
 3 
 
 15 
 
 43 
 
 3 
 
 17 
 
 44 
 
 3 
 
 18 
 
 44 
 
 3 
 
 22 
 
 45 
 
 3 
 
 25 
 
 46 
 
 3 
 
 12,41 
 
 41,52 
 
 3 
 
 26 
 
 46 
 
 4 
 
 14 
 
 64 
 
 2 
 
 2 
 
 29 
 
 2 
 
 16 
 
 33 
 
 3 
 
 14 
 
 43 
 
 3 
 
 21 
 
 44 
 
 3 
 
 25 
 
 46 
 
 3 
 
 27 
 
 47 
 
 3 
 
 32 
 
 49 
 
 6 
 
 1 
 
 88 
 
 6 
 
 2,4 
 
 89; 91 
 
 12 
 
 2 
 
 105 
 
 14 
 
 2 
 
 112 
 
 4,15 
 
 44, 8 
 
 82, 116 
 
 3,6 
 
 34, 3 
 
 50,90 
 
 24; 3 
 
 37 
 
 18; 51 
 
 24;3 
 
 37,53 
 
 18; 51, 57 
 
 31,32 
 
 ... 
 
 19 
 
 2,3 
 
 2, 3, 13 
 
 29,42 
 
 3 
 
 33 
 
 49 
 
 10,40 
 
 ... 
 
 16, 22 
 
 4 
 
 ... 
 
 14 
 
 5 
 
 
 16 
 
 15 
 
 ... 
 
 16 
 
 35 
 
 
 20 
 
 36 
 
 
 20 
 
 42 
 
 
 22 
 
 2 
 
 1 
 
 28 
 
 2 
 
 19 
 
 35 
 
 3 
 
 32 
 
 49 
 
 3 
 
 34 
 
 50 
 
 3 
 
 35 
 
 61 
 
 4 
 
 1 
 
 68 
 
 15 
 
 7 
 
 116 
 
 5 
 
 3 
 
 84 
 
 6 
 
 2 
 
 89 
 
 12 
 
 1 
 
 103 
 
 (, 6, 15 
 
 24, 2, 1 
 
 45, 89, 114 
 
 7 
 
 3 
 
 93 
 
 6 
 
 1,&C. 
 
 88 
 
154 Index. 
 
 statutes of England 
 
 Stocks 
 
 Stockholders 
 
 Style of Legislature 
 
 of Laws 
 
 of Commissions, Writs, Indictments, &c 
 
 of Courts 
 
 Subordination 
 
 Subscription 
 
 Succession 
 
 Successor of Governor 
 
 of State's Attorneys 
 
 of State Librarian 
 
 of other officers 
 
 Suffrage ; 
 
 Superintendent of Public Instruction 
 
 Superior Court 
 
 Support 15, 28, 
 
 Surveyors 
 
 Suspension of laws 
 
 of officers 
 
 Susquehanna and Tide Water Canal. 
 Swearing 
 
 Taxes 14, 15; 
 
 Teacher 
 
 Tenure 
 
 Term of Governor 
 
 of officers appointed by Governor 
 
 of Secretary of State 
 
 of Senators 
 
 of Delegates 
 
 of Judges 
 
 of Clerks of Courts 
 
 of Registers of Wills 
 
 of Justices of the Peace 
 
 of State's Attorneys.., 
 
 of Comptroller and Treasurer 
 
 of County Commissioners 
 
 of Surveyors 
 
 of State Librarian 
 
 of Commissioner of Land Office 
 
 of Wreck-master 
 
 of Adjutant General 
 
 of Superintendent of Labor and Agriculture 
 
 of Mayor of Baltimore 
 
 of City Councils 
 
 of civil officers - 
 
 Test 
 
 Tie in election of Governor 
 
 in election of Senators and Delegates 
 
 new election, provided for — 
 
 THme of altering Constitution - 
 
 when English Statutes, &c., are applicable 
 
 allowed criminals for defence 
 
 of election of Governor _ - 
 
 of qualification of Governor 
 
 of nomination of officers by Governor 
 
 of apportionment of Members of House of Dele- 
 
 Art. 
 
 Sect. 
 
 Faok. 
 
 5 
 
 ... 
 
 14 
 
 3,6 
 
 54,3 
 
 57,90 
 
 3 
 
 39 
 
 52 
 
 3 
 
 1 
 
 37 
 
 3 
 
 29 
 
 47 
 
 4 
 
 13 
 
 64 
 
 4 
 
 20,27 
 
 68,72 
 
 30 
 
 ... 
 
 19 
 
 3 
 
 34 
 
 50 
 
 38 
 
 
 21 
 
 2 
 
 1 
 
 28 
 
 5 
 
 1,7 
 
 83,85 
 
 7 
 
 3 
 
 93 
 
 15 
 
 3 
 
 115 
 
 7; 1 
 
 1 
 
 15; 24 
 
 8 
 
 1 
 
 95 
 
 4 
 
 28 
 
 72 
 
 16,38 
 
 ... 16, 
 
 19, 20, 21 
 
 6 
 
 2 
 
 89 
 
 7 
 
 2 
 
 92 
 
 9 
 
 ... 
 
 15 
 
 2 
 
 W 
 
 33 
 
 12 
 
 3 
 
 106 
 
 1 
 
 6 
 
 27 
 
 ; 3,6 
 
 33,34,2 16; 
 
 49, 50, 89 
 
 38 
 
 ... 
 
 21 
 
 33 
 
 ... 
 
 19 
 
 2 
 
 1 
 
 28 
 
 2 
 
 13 
 
 33 
 
 2 
 
 22 
 
 3(i 
 
 3 
 
 2 
 
 37 
 
 3 
 
 6 
 
 40 
 
 4 
 
 3 
 
 59 
 
 4 
 
 17, 25, 37 
 
 66, 71, 77 
 
 4 
 
 41 
 
 80 
 
 4 
 
 42 
 
 81 
 
 5 
 
 1,7 
 
 83,85 
 
 6 
 
 1 
 
 88 
 
 7 
 
 1 
 
 92 
 
 7 
 
 2 
 
 92 
 
 7 
 
 3 
 
 93 
 
 7 
 
 4 
 
 94 
 
 7 
 
 6 
 
 95 
 
 9 
 
 2 
 
 96 
 
 10 
 
 1 
 
 97 
 
 11 
 
 1 
 
 100 
 
 11 
 
 3 
 
 100 
 
 15 
 
 9 
 
 116 
 
 37 
 
 ... 
 
 21 
 
 2 
 
 4 
 
 30 
 
 3 
 
 13 
 
 42 
 
 15 
 
 4 
 
 115 
 
 1; 14 
 
 2 
 
 13 ; 112 
 
 5 
 
 ... 
 
 14 
 
 21 
 
 
 17 
 
 2 
 
 2 
 
 29 
 
 2 
 
 3 
 
 29 
 
 2 
 
 13 
 
 33 
 
Index. 
 
 155 
 
 Time of election of Delegates 
 
 of meetings of Legislature 
 
 of arljoiu-nment of Legislature 
 
 of special adjournments of Legislature 
 
 limited for passage of bills 
 
 when laws take effect - 
 
 for payment of debts of the State 
 
 of election of Judges 
 
 of election to fill vacancies * 
 
 of meeting of Court of Appeals 
 
 of election of Clerks 
 
 of election of Judges of Orphans' Courts 
 
 of election of Registers of Wills 
 
 of appointment of Justices of the Peace and Consta- 
 bles .'... 
 
 of election of Sheriffs ~. 
 
 of election of Attorney General and State's Attor- 
 neys 
 
 of election of Comptroller 
 
 of appointment of Treasurer 
 
 of election of County Commissioners „ 
 
 of election of Surveyors 
 
 of appointment of State Librarian— „ -_ 
 
 of appointment of Commissioner of Land Office 
 
 of election of Wreck-masters 
 
 of election of Superintendent of Labor and Agricul- 
 ture 
 
 of election of Mayor, &c 
 
 of elections ~_ 
 
 Titles 
 
 Tobacco Inspectors 
 
 Tolls 
 
 Transfer 
 
 Treaties of U. S. Supreme Law 
 
 Treason. 
 
 Treasurer. 
 
 jfWoteby Jury 
 
 to be had speedily , 
 
 of facts where they arise 
 
 disqualification of Judges, <fec 
 
 removals of 
 
 Trust 33, 
 
 Trustees 
 
 Unanimity in Jury , 
 
 Uniformity 
 
 United States 
 
 Constitution of Supreme Law 
 
 powers not delegated to 
 
 Judges not to held office under 
 
 presents from, forbidden , 
 
 Constitution of, applies in War and Peace. 
 
 bribery of Electors 
 
 Uprightness of Judges 
 
 Uses 
 
 Vacancy in office of Governor - 
 
 Governor to appoint in recess of Legislature. 
 
 in office of Senator or Delegate 
 
 in office of Judges....; 
 
 in office of Clerk of Court of Appeals 
 
 Art. 
 
 Sect. 
 
 Pack, 
 
 3 
 
 7 
 
 40 
 
 3 
 
 14 
 
 43 
 
 3 
 
 15 
 
 43 
 
 3 
 
 25 
 
 46 
 
 3 
 
 27 
 
 47 
 
 • 3 
 
 31 
 
 48 
 
 3 
 
 34 
 
 50 
 
 4 
 
 3 
 
 59 
 
 4 
 
 5 
 
 60 
 
 4 
 
 14 
 
 65 
 
 4 
 
 25, 37 
 
 71,77 
 
 4 
 
 40 
 
 79 
 
 4 
 
 41 
 
 «0 
 
 4 
 
 42 
 
 81 
 
 4 
 
 44 
 
 82 
 
 5 
 
 1,7 
 
 83,85 
 
 6 
 
 1 
 
 88 
 
 6 
 
 1 
 
 88 
 
 7 
 
 1 
 
 92 
 
 7 
 
 2 
 
 92 
 
 7 
 
 3 
 
 93 
 
 7 
 
 4 
 
 94 
 
 7 
 
 6 
 
 95 
 
 10 
 
 1 
 
 97 
 
 11 
 
 1 
 
 99 
 
 15 
 
 7 
 
 116 
 
 . 42; 3 
 
 29 
 
 22, 48 
 
 2 
 
 13 
 
 33 
 
 12 
 
 2 
 
 104 
 
 6 
 
 2,3 
 
 89, 90 
 
 2 
 
 ... 
 
 13 
 
 18,27 
 
 .-. 
 
 1;,19 
 
 5,21; 15 
 
 18, 1, &C. 
 
 35, 88, &c. 
 
 5,6 
 
 14,18; 116 
 
 19,21 
 
 ... 
 
 17,18 
 
 20 
 
 ... 
 
 17 
 
 4 
 
 7 
 
 61 
 
 4 
 
 8 
 
 61 
 
 34,35; 3 
 
 11 
 
 20; 41 
 
 6 
 
 ... 
 
 15 
 
 21 
 
 
 18 
 
 3 
 
 45 
 
 53 
 
 3 
 
 10,46 
 
 41,53 
 
 • 2 
 
 .... 
 
 13 
 
 3 
 
 
 14 
 
 33 
 
 ... 
 
 20 
 
 35 
 
 
 •20 
 
 44 
 
 
 23 
 
 1 
 
 3 
 
 25 
 
 33 
 
 
 19 
 
 38 
 
 
 21 
 
 2 
 
 7,11,14 
 
 31, 32, 33 
 
 2 
 
 11, 12, 14 
 
 .32,33 
 
 3 
 
 13 
 
 42 
 
 4 
 
 5 
 
 60 
 
 4 
 
 17 
 
 66 
 
156 
 
 Index. 
 
 Vacancy, in office ol Clerks 
 
 in office of Judge of Orphans' Court 
 
 in office of Register of Wills 
 
 in office of Justice of the Peace and Constables 
 
 in office of Sheriff. 
 
 in office of Attorney Genyral 
 
 in office of States' Attorney 
 
 in Treasury Department 
 
 in office of Surveyor 
 
 in office of Wreck-master 
 
 in office of Superintendent of Labor and Agricul- 
 ture 
 
 on account of failure to pay over moneys 
 
 Veto Power 
 
 Virtue » 
 
 Viva Voce 
 
 Volunteers 
 
 Voters, qualifications of. 
 
 registration of. 
 
 Voting, elective franchise determined..., 
 
 bribery prohibited 
 
 illegal, to be punished 
 
 disqualifications 
 
 for Governor ...., 
 
 for Senators and Delegates 
 
 ineligibility 
 
 Yeas and Nays 
 
 for Judges 
 
 for Clerks 
 
 for Judges of Orphans' Court 
 
 for Register of Wills 
 
 for Sheriffs 
 
 for officers under New Constitution. 
 
 election returns 
 
 in cases of a tie, &c 
 
 for State's Attorneys 
 
 for Comptroller and Treasurer 
 
 for State Librarian 
 
 for Commissioner of Land Office 
 
 for County Commissioners 
 
 for Surveyor 
 
 for Wreck-master 
 
 for new county 
 
 for adoption of Constitution 
 
 Wards 
 
 Warrants. 
 Wars 
 
 Washington Branch Bail Road. 
 
 Wife 
 
 Wills, Registers of 
 
 Witnesses 
 
 Words 
 
 WoTtihip 
 
 Worth... 
 
 Wreck-master ; 
 
 m-tte ~ 
 
 Art. 
 
 Sect. 
 
 Paob. 
 
 4 
 
 25,40 
 
 71,80 
 
 4 
 
 40 
 
 80 
 
 4 
 
 41 
 
 80 
 
 4 
 
 43 
 
 81 
 
 4 
 
 44 
 
 82 
 
 5 
 
 6 
 
 85 
 
 5 
 
 11 
 
 87 
 
 6 
 
 1 
 
 • 88 
 
 7 
 
 2 
 
 93 
 
 7 
 
 6 
 
 95 
 
 10 
 
 2 
 
 97 
 
 15 
 
 1 
 
 114 
 
 2 
 
 17 
 
 34 
 
 43 
 
 ... 
 
 22 
 
 2 
 
 4 
 
 .30 
 
 9 
 
 1 
 
 96 
 
 1 
 
 1,2 
 
 25 
 
 1 
 
 5 
 
 26 
 
 1 
 
 1 
 
 24 
 
 1 
 
 3 
 
 25 
 
 1 
 
 4 
 
 26 
 
 1 
 
 3 
 
 25 
 
 2 
 
 2, 
 
 29 
 
 3 
 
 6 
 
 40 
 
 3 9, 10, 11, 12 
 
 40,41 
 
 3 
 
 27, 28 
 
 47 
 
 4 
 
 3 
 
 59 
 
 4 
 
 25,37 
 
 71,77 
 
 4 
 
 40 
 
 79 
 
 4 
 
 41 
 
 80 
 
 4 
 
 44 
 
 82 
 
 15 
 
 7 
 
 116 
 
 4 
 
 11 
 
 63 
 
 4,15 
 
 12,4 
 
 63, 115 
 
 5 
 
 1,7 
 
 83,85 
 
 6 
 
 1 
 
 88 
 
 7 
 
 3 
 
 93 
 
 7 
 
 4 
 
 94 
 
 7 
 
 1 
 
 92 
 
 7 
 
 2 
 
 92 
 
 7 
 
 6 
 
 95 
 
 13 
 
 1 
 
 106 
 
 15 
 
 ... 
 
 118 
 
 1,4 
 
 4,42 
 
 26,81 
 
 2G 
 
 ... 
 
 18 
 
 28, 29, 30, 
 
 
 19,23 
 
 31, 32, 44 
 
 
 
 12 
 
 3 
 
 106 
 
 3 
 
 43 
 
 53 
 
 3,4 
 
 45,41 
 
 53,80 
 
 21,22,36; 3 
 
 24 
 
 18,21; 45 
 
 3 
 
 18 
 
 44 
 
 36 
 
 .... 
 
 20 
 
 15 
 
 ... 
 
 16 
 
 7 
 
 6 
 
 95 
 
 3,4 
 
 55,13 
 
 57,64 
 
 Yeas. 
 
 45,47 
 
YC 36217 
 
 ^