JK 
 
 3825 
 1851 
 A6i2 
 
 I 
 
ho X5 
 
 HE SPARKS 
 
 LIBRARY. 
 
 [miscellany.] 
 Collected by 
 
 JARED Sparks, LL.D., 
 
 President of Harvard College. 
 
 Purchased by the Cornell University, 
 1872 
 
-Mssssia 
 
 JK3825 ISsT'.Ae™'""' "'""'^ 
 
 olln 
 
 3 1924 030 491 173 
 
 TSPvTR?P 
 
Cornell University 
 Library 
 
 The original of tliis book is in 
 tlie Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924030491173 
 
THE 
 
 CONSTITUTION 
 
 OF THE 
 
 REPORTED AND ADOPTED BY THE 
 
 CONYEIiTION OF DELEGATES 
 
 ASSEMBLED AT THE 
 
 CITY OF ANNAPOLIS, NOVEMBER 4th, 1850, 
 
 AND 
 
 ON THE 
 
 FIEST WEDNESDAY OF JUNE, 1851. 
 
 With MARGINAL NOTES and an APPENDIX, 
 
 By EDWAED OTIS HINKIEY, Esq., of the Baltimore Bar. 
 
 BALTIMORE: 
 
 PRINTED Al(fD JPUBLIS^ED BY JOHN MURPHY & CO. 
 
 No. 178 MARKET STREET.^, 
 
 SOLD BY BOOKSELLERS GENERALLY. 
 
 1851. 
 
 <W) 
 
JK 
 
 Kb'i 
 
 
 ./.,. 
 
 Entered, according to the Act of Congress, in the year 1851, by John 
 Murphy & Co., in the Clerk's Office of the District Court of Maiyland. 
 
ADVERTISEMENT. 
 
 The Publishers, in issuing a Second Edition of the new Constitution, being 
 desirous of making it as useful and acceptable to the public as possible, have 
 procured the services of a Gentleman of the Baltimore Bar, who has some 
 experience in work of this kind, to make the marginal notes; and have more- 
 over annexed in the form of an Appendix, some rwtes (prepared by the 
 same gentleman,) of the principal changes made in the Old Constitution by this 
 New one; with remarks upon their supposed causes, and references to the dif- 
 ferent Articles, Sections and clauses of the Instrument which impose special 
 duties upon the Legislature and upon Officers of other departments. These 
 notes and references, it is beheved, will enhance the value and utility of this 
 Edition of the Constitution and render it more useful and desirable than the 
 former one. 
 
MARYLAND 
 
 STATE CONYENTION. 
 
 Chamber of House of Delegates, 
 JVoveniber 5th^ 1850. 
 
 At the hour of 12|, on motion of Ex-Gov. Sprigg, of Prince George's, the 
 Convention was called to order, by inviting the Hon. BENJAMIN C. HOW- 
 ARD, of Baltiimore county, to the Chair. 
 
 On motion of Hon. Elias Brown, of Carroll, JAMES L. RIDGELY, 
 Esq., of Baltimore connty, was appointed Secretary, pro tem. 
 
 On motion of the Hon. Wm. H. Tuck, of Prince George's, the Chair was 
 authorized to appoint a committee of three, to wait on the Executive and ob- 
 tain a list of the Delegates chosen to this Convention. 
 
 The Chair named Messrs. Tuck of Prince George's, Gwinn of Baltimore 
 city, and Ricaud of Kent, as the committee. 
 
 Mr. Tdck, from the committee, appointed to wait on the Governor, to obtain 
 a list of the Delegates elect to the Convention, reported that the committee had 
 performed that duty, and that the Secretary of State was now in attendance 
 with a communication from the Governor, touching that subject. 
 
 "Whereupon, John Nick Watkins, Esq., Secretary of State, presented the 
 follo%ving communication from the Governor to the Convention, together witli 
 the official returns of the election : 
 
 State Departmtnt, Annapolis, Md. 
 •November 5th, 1850. 
 Gentlemen of the Convention : 
 
 1 have the honor, in compliance with your request, to transmit herewith tlie 
 returns of the election held on the first Wednesday of September last, under 
 the Act of December Session, eighteen hundred and forty-nine, cliapter three 
 hundred and forty-six, entitled "an Act to provide for the taking of the sense 
 of the people upon the expediency of calling a. Convention to frame a new 
 Constitution and Form of Government for this State, and to provide for the 
 election of Delegates to such Convention," and a hst of the Delegates to tlie 
 Convention. 
 
 PHILIP P. THOMAS. 
 
A LIST OF MEMBERS 
 
 Of the Maryland State Convention, elected under 
 the provisions of the Act of the General Assembly 
 of December Session, 1849, chapter 346: 
 
 St. Mary's county. 
 GEORGE C. MORGAN, 
 WILLIAM J. BLACKISTONE, 
 JOHN F. DENT, 
 J. R. HOPEWELL. 
 
 Charles cov/nty. 
 GEORGE BRENT, 
 JOHN G. CHAPMAN, 
 WILLIAM D. MERRICK, 
 DANIEL JENIFER. 
 
 Kent county, 
 JAMES B. RICAUD, 
 JOHN LEE, 
 
 EZEKIEL F. CHAMBERS, 
 JOSEPH T. MITCHELL. 
 
 Talbot county. 
 EDWARD LLOYD, 
 S. P. DICKINSON, 
 C. SHERWOOD, 
 M. 0. COLSTON. 
 
 .5»}ie Arundel cownty. 
 THOMAS DONALDSON, 
 THOMAS B. DORSET, 
 GEORGE WELLS, 
 ALEXANDER RANDALL, 
 JAMES KENT, 
 JOHN S. SELLMAN. 
 
 Calvert county. 
 GEORGE W. WEEMS, 
 J. J. DALRYMPLE, 
 JOHN BOND, 
 A. R. SOLLERS. 
 
 Somerset county. 
 JOHN DENNIS, 
 JAMES XT. DENNIS, 
 J. W. CRISFIELD, 
 J. J. DASHIELL, 
 WILLIAM WILLIAMS. 
 
 Dorchester county. 
 THOMAS H. HICKS, 
 JOHN H. HODSON, 
 WM. T. GOLDSBOROUGH, 
 J. R. ECCLESTON, 
 FRANCIS P. PHELPS. 
 
 Baltimore county , 
 BENJAMIN C. HOWARD, 
 JAMES M. BUCHANAN, 
 EPHRAIM BELL, 
 THOMAS J. WELSH, 
 H. J. CHANDLER, 
 JAMES L. RIDGELY. 
 
 Cecil county. 
 ALBERT CONSTABLE, 
 B. B. CHAMBERS, 
 WILLIAM McCULLOUGH, 
 JOHN M. MILLER, 
 LOUIS McLANE. 
 
Pnnce George's coimty. 
 THOMAS F. BOWIE, 
 WILLIAM H. TUCK, 
 SAMUEL SPRIGG, 
 JOHN M. S. McCUBBIN, 
 J. D. BOWLING. 
 
 Worcester coimty. 
 L. L. DIRICKSON, 
 S. S. McMASTER, 
 E. HEARN, 
 JAMES M. FOOKS, 
 CURTIS W. JACOBS. 
 
 Frederick comity. 
 FRANCIS THOMAS, 
 EDWARD SHRIVER, 
 WILLIAM COST JOHNSON, 
 JOHN D. GAITHER, 
 DANIEL S. PISER, 
 ROBERT ANNAN. 
 
 Washington cov/nty. 
 GEORGE SCHLEY, 
 LEWIS P. FIERY, 
 ALEXANDER NEILL, Jr., 
 JOHN NEWCOMER, 
 THOMAS HARBINE, 
 MICHAEL NEWCOMER. 
 
 Montgomery county. 
 J. M. KILGOUR, 
 ALLEN BOWIE DAVIS, 
 WASHINGTON WATERS, 
 JOHN BREWER, 
 JAMES W. ANDERSON. 
 
 Baltimore city. 
 CHARLES J. M. GWINN, 
 DAVID STEWART, 
 ROBERT J. BRENT, 
 GEORGE W. SHERWOOD, 
 BENJAMIN C. PRESSTMAN, 
 ELIAS WARE, Jr. 
 
 Harford county. 
 JOHN SAPPINGTON, 
 W. B. STEPHENSON, 
 R. McHENRY, 
 SAMUEL M. MAGRAW, 
 JAMES NELSON. 
 
 Allegany covMty. 
 WILLIAM WEBER, 
 WILLIAM M. HOLLIDAY, 
 JOHN SLICER, 
 JAMES PITZPATRICK, 
 SAMUEL P. SMITH. 
 
 Q,ueen Anne 's county. 
 WILLIAM A. SPENCER, 
 WILLIAM GRASON, 
 ENOCH GEORGE, 
 HENRY E. WRIGHT. 
 
 Carroll county. 
 ANDREW G. EGE, 
 M. G. COCKEY, 
 JOSEPH M. PARKE, 
 JACOB SHOWER, 
 ELIAS BROWN. 
 
 Caroline county. 
 R. C. CARTER, 
 JOHN THAWLEY, 
 THOMAS R. STEWART, 
 EDWARD HARDCASTLE. 
 
OFFICERS OF THE CONVENTION. 
 
 The Convention was fully organized on the 12th and 13th of November, by 
 the election of the following officers : 
 
 President. 
 Hon. JOHN G. CHAPMAN, of Charles Co. 
 
 Secretary. 
 GEORGE G. BREWER, of Annapolis. 
 
 Asistant Secretary. 
 WASHINGTON B. CHICHESTER, of Montgomery Co. 
 
 Sergeant-at-^rms. 
 RICHARD BOOTH, of CarroU Co. 
 
 Door-Keepers. 
 SAMUEL J. LAMDIN, S. C. HERBERT. 
 
 Committee Clerks. 
 
 J. W. RIDER. GEO. S. KING. J. MORRITZ. 
 
 S. PEACOCK. WILLIAM HALL. 
 
 STANDING COMMITTEES. 
 
 Committee to consider and report a De- Committee to consider and report respect- 
 
 claration of Rights. ing Treasury Department : 
 
 Messrs. Dorsey, Parke, Messrs. McLane, Bowhng, 
 
 WiUiams, Hodson, Donaldson,, Sherwood, 
 
 Biser, Wright. Nelson, of Talbot, 
 
 Blackistone, Neill, Dashiell. 
 
 Committee to consider and report respect- Committee to consider and report respect- 
 ing the Executive Department : ing the Elective Franchise : 
 
 Messrs. Grason, Goldsborough, Messrs. Chambers, Weems, 
 
 Sprigg, Hearn, of Kent, Thawley, 
 
 Jenifer, HoUiday. Brown, Jno.Newcomer. 
 
 Bell, Hicks, Sheer. 
 
 Committee to consider and report respect- Committee on •Sccotmts : 
 
 ing the Appointment, Tenure of Office, Messrs. Wells, Neil], 
 
 Duties and Compensation of all Civil WilHams, Ware. 
 
 officers not embraced in the duties of Lloyd. 
 other standing committees : 
 
 Messrs. Tuck, Weber, Committee to close the .Accounts, fyc, of 
 
 Brent, Jas. U. Dennis, the Convention after its Session : 
 
 of Bait., McHenry, Messrs. Randall, Magraw. 
 
 Dent, Lee. Ware, 
 
8 
 
 Committee to comider and report respect- 
 ing the power of the Legislature on 
 Corporations, Municipal and others, 
 and o» the power of the Legislature to 
 create Debt : 
 
 Messrs. Wells, 
 Ridgely, 
 Dirickson 
 Stewart, 
 of Caroline 
 
 Waters, 
 Sherwood, 
 of Baltimore, 
 
 Mitchell. 
 
 Committee to consider and report a prO' 
 per basis of Representation in the two 
 Houses of the General Assembly, and 
 a proper apportionment of representa- 
 tion in the same : 
 Messrs. Merrick, Ege, 
 
 Howard, Lloyd, 
 Chambers, John Dennis, 
 
 of Kent, Harbine, 
 Gwinn, Kent. 
 
 Committee to consider and report respect- Committee to consider and report respect- 
 
 ing the Legislative Department : 
 Messrs. Johnson, Kilgour, 
 
 Phelps, McCullough, 
 
 Presstman, Carter. 
 Morgan, 
 
 Committee to consider and report respect- 
 ing Judiciary Department, embracing 
 Common Law Courts, Courts of 
 Equity, Orphans^ Courts, Magistrates^ 
 Courts, and Justices of the Peace, and 
 the mode of appointment and tenure of 
 office: 
 
 Messrs. Bowie, 
 
 Constable, 
 
 *Thomas, 
 
 Brent, 
 
 Crisfield, 
 
 of Charles, 
 
 Buchanan, 
 
 Spencer, 
 
 Randall, 
 
 Schley, 
 
 Stewart, 
 
 Eccleston, 
 
 of Bait., 
 
 Anderson. 
 
 Ricaud, 
 
 
 Committee to consider and report respect- 
 
 ing the office of Attorney-General and 
 
 his Deputies : 
 
 
 Messrs. Shriver, 
 
 Miller, 
 
 Dalrymple, 
 
 Cockey, 
 
 Brewer, 
 
 Colston. 
 
 Fiery, 
 
 
 Committee to consider and report respect- 
 ing future amendments and revisions 
 of the Constitution : 
 Messrs. SoUers, Gaither, 
 
 Fitzpatrick, Hardcastle, 
 Jacobs, Welsh. 
 
 Sappington, 
 
 * Mr. Thomas was excused at his own re- 
 quest ftom continuing a member of this Com- 
 mittee, and Mr. Morgan was appointed in his 
 place. 
 
 ing the Regulation of Inspections : 
 Messrs. Sellman, Ware, 
 
 Hopewell, Annan, 
 
 M. Newcomer, Chambers, 
 Fooks, of Cecil. 
 
 Committee to consider and report such 
 provisions proper to be emhodied in a 
 Constitution for the State, as are not 
 embraced in the foregoing resolutions : 
 Jenifer, Blackistone, 
 
 McLane, Johnson, 
 Dorsey, Grason. 
 
 Brent, of Bait, city. 
 
 Committee of Revision : 
 Messrs. Tuck, Randall, 
 
 Chambers, Magraw. 
 Grason, 
 •Afterwards added : 
 Messrs. Donaldson, Gwinn. 
 
 Committee to consider and report respect- 
 ing the Militia and Military Affairs : 
 
 Messrs. Howard, Dickinson, 
 Hearn, Stephenson, 
 
 Shower, Schley. 
 
 Bond, 
 
 Committee to consider and repoii respect- 
 ing Education : 
 
 Messrs. Smith, Chandler, 
 
 Da-pis, McMaster, 
 
 Magraw, George. 
 McCubbin, 
 
 Committee on Printing : 
 
 Messrs. Stewart, Johnson, 
 
 of Bait., Spencer, 
 
 Bowie, Ricaud, 
 
 Randall, Weber. 
 
Coitiititntton 0f JiatDlanii, 
 
 ADOPTED IN CONVENTION, 
 
 WHICH ASSEMBLED AT THE CITY OP ANNAPOLIS, ON THE FOURTH DAT OF 
 
 NOVEMBER, EIGHTEEN HUNDRED AND FIFTY, AND ADJOURNED ON THE 
 
 THIRTEENTH DAY OF MAY, EIGHTEEN HUNDRED AND FIFTY-ONE. 
 
 THE DECLARATION OF EIGHTS. 
 
 We, the People of the State of Maryland, 
 grateful to Almighty God for our civil and 
 religious liberty, and talcing into our serious 
 consideration the best means of establishing 
 a good Constitution in this State, for the 
 sure foundation and more permanent secu- 
 rity thereof, declare : 
 
 Article 1. That all government of right origin and fo™- 
 
 . . ^ r, ^j 1 • ^ 1 1 • dationofGovern- 
 
 origmates trom the people, is lounoed m com- mem. 
 pact only, and instituted solely for the good of 
 the whole ; and they have at all times, accord- 
 ing to the mode prescribed in this Constitution, 
 the unalienable right to alter, reform, or abolish Eight of Reform. 
 their form of Government, in such manner as 
 they may deem expedient. 
 
 Akt. 2. That the people of this State ought state's Rights. 
 to have the sole and exclusive right of regulat- 
 ing the internal government and police thereof. 
 
 Art. 3. That the inhabitants of Maryland common Law. 
 are entitled to the common law of England, 
 and the trial by jury according to the course Tnaibyjury. 
 2 
 
10 
 
 DECLARATION OF RIGHTS. 
 
 of that law, and to the benefit of such of the 
 English statutes. EngHsh statutcs 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 circumstan- 
 ces, and have been introduced, used and prac- 
 tised by the courts of law or equity, and also 
 ActsofAssembiy. of all acts of AsscHibly in force on the first 
 Monday of November, eighteen hundred and 
 fifty, except such as may have since expired, 
 or maybe altered by this Constitution, subject, 
 nevertheless, to the revision of, and amend- 
 ment or repeal by the Legislature of this State ; 
 and the inhabitants of Maryland are also en- 
 titled to all property derived to them from or 
 under the charter granted by his Majesty 
 Charles the First, to Cascilius Calvert, Baron 
 of Baltimore. 
 
 Art. 4. That all persons invested with the 
 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 govern- 
 ment. The docti-ine of non-resistance against 
 arbitrary power and oppression is absurd, sla- 
 vish and destructive of the good and happiness 
 of mankind. 
 Eight of Suffrage. Art. 5. That the right of the people to par- 
 ticipate in the Legislature is the best security 
 of liberty, and the foundation of all free gov- 
 ernment; for this purpose elections ought to 
 
 Cliarter of the 
 State. 
 
 Eight of Reform. 
 
PECLARATION OF RIGHTS. 11 
 
 be free and frequent, and every free white male 
 citizen having the quahfications prescribed by 
 the Constitution, ought to have the right of 
 suffrage. 
 
 Art. 6. That the legislative, executive and separation of the 
 judicial powers of government ought to be for- Go?em"ne"n'?.°'^ 
 ever separate and distinct from each other; 
 and no person exercising the functions of one 
 of said departments, shall assume or discharge 
 the duties of any other. 
 
 Art. 7. That no power of suspending laws suspension of 
 or the execution of laws, unless by or derived 
 from the Legislature, ought to be exercised or 
 allowed. 
 
 Art. 8. That freedom of speech and debate Freedom of 
 or proceedings in the Legislature, ought not 
 to be impeached in any court of judicature. 
 
 Art. 9. That Annapolis be the place for seat of Govem- 
 
 1 • (^ 1 ment. 
 
 the meetmg of the Legislature ; and the Legis- 
 lature ought not to be convened or held at 
 any other place but from evident necessity. 
 
 Art. 10. That for the redress of grievances, woetingofLegis- 
 
 . . ° lature. 
 
 and for amending, strengthening and preserv- 
 ing the laws, the Legislature ought to be fre- 
 quently convened. 
 
 Art. 11. That every man hath a right to Right of petmon. 
 petition the Legislature for the redress of 
 grievances in a. peaceable and orderly manner. 
 
 Art. 12. That no aid, charge, tax, burthen, or Levying of 
 fees, ought to be rated or levied, under any pre- 
 tence, without the consent of the Legislature. 
 
 Art. 13. That the levying of taxes by the Pon taxes oppres- 
 poU is grievous and oppressive, and ought to 
 be abolished; that paupers ought not to be paupers not to be 
 assessed for the support of Government, but 
 
12 
 
 DECLARATION OF RIGHTS. 
 
 Taxation accord- 
 ing to actual 
 Worth. 
 Fines, &c. 
 
 Sanguinary 
 Liuws. 
 
 Retrospective 
 Laws, 
 
 Attainder. 
 
 Tlight to have 
 Justice. 
 
 Trial of facts 
 where they arise, 
 
 rriminal Prose- 
 cutions. 
 
 every other person in the State, or person 
 holding property therein, ought to contribute 
 his proportion of pubUc taxes, for the support 
 of Government, according to his actual worth 
 in real or personal property ; yet fines, duties, 
 or taxes may properly and justly be imposed 
 or laid, on persons or property, with a pohtical 
 view, for the good government and benefit of 
 the community. 
 
 Art. 14. That sanguinary laws ought to be 
 avoided as far as is consistent with the safety 
 of the State ; and no law to inflict cruel and 
 unusual pains and penalties ought to be made 
 in any case, or at any time hereafter. 
 
 Art. 15. That retrospective laws, punishing 
 acts committed before the existence of such 
 laws, and by them only declared criminal, 
 are oppressive, unjust and incompatible with 
 liberty ; wherefore, no ex post facto law ought 
 to be made. 
 
 Art. 16. That no law to attaint particular 
 persons of treason or felony, ought to be made 
 in any case, or at any time hereafter. 
 
 Art. 17. That every free man, for any injury 
 done to him in his person or property, ought 
 to have remedy by the course of the law of 
 the land, and ought to have justice and right, 
 freely without sale, fully without any denial, 
 and speedily without delay, according to the 
 law of the land. 
 
 Art. 18. That the trial of facts where they 
 arise, is one of the greatest securities of the 
 lives, liberties, and estate of the people. 
 
 Art. 19. That in all criminal prosecutions, 
 every man hath a right to be informed of the 
 
DECLARATION OP RIGHTS. 13 
 
 accusation against him ; to have a copy of the 
 indictment or charge, in due time (if required) 
 to prepare for his defence ; to be allowed coun- 
 sel; to be confronted with the witnesses against 
 him ; to have process for his witnesses ; to ex- 
 amine the witnesses for and against him on 
 oath; and to a speedy trial by an impartial 
 jury, without whose unanimous consent he 
 ought not to be found guilty. 
 
 Art. 20. That no man ought to be com- Evidence against 
 
 ... ,^. oneself. 
 
 pelled to give evidence against himself m a 
 court of common law, or in any other court, 
 but in such cases as have been usually prac- 
 tised in this State, or may hereafter be directed 
 by the Legislature. 
 
 Art. 21. That no free man ought to be Freemen not to 
 
 _ , , T«i^i«p ^^ imprisoned, 
 
 taken or imprisoned, or disseized of his free- «'e.,butbyLaw. 
 hold, liberties or privileges, or outlawed, or 
 exiled, or in any manner destroyed, or deprived 
 of his life, liberty or property, but by the judg- 
 ment of his peers, or by the law of the land ; 
 provided, that nothing in this article shall be 
 so construed as to prevent the Legislature 
 from passing all such laws for the government, 
 regulation and disposition of the free colored colored popuia- 
 population of this State as they may deem 
 necessary. 
 
 Art. 22. That excessive bail ought not to Ban, Fines, &c. 
 be required, nor excessive fines imposed, nor 
 cruel or unusual punishment inflicted by the 
 courts of law. 
 
 Art. 23. That all warrants, without oath, or search war- 
 affirmation, to search suspected places, or to 
 seize any person or property, are grievous and 
 oppressive; and all general warrants to search 
 
14 
 
 DECLARATION OF RIGHTS. 
 
 Corruption of 
 Blood, &c. 
 
 Standing Armies, 
 
 Military subject 
 to Civil Power. 
 
 Quartering of 
 Soldiers. 
 
 Martial Law. 
 
 Judges. 
 
 suspected places, or to apprehend suspected 
 persons, without naming or describing the 
 place, or the person in special, are illegal, and 
 ought not to be granted. 
 
 Art. 24. That no conviction shall work cor- 
 ruption of blood, or forfeiture of estate. 
 
 Art. 25. That a well regulated militia is 
 the proper and natural defence of a free gov- 
 ernment. 
 
 Art. 26. That standing armies are danger- 
 ous to liberty, and ought not to be raised or 
 kept up without the consent of the Legislature. 
 
 Art. 27. That in all cases and at all times 
 the military ought to be under strict subordi- 
 nation to, and control of, the civil power. 
 
 Art. 28. That no soldier ought to be quar- 
 tered in any house in time of peace without 
 the consent of the owner, and in time of war 
 in such manner only as the Legislature shall 
 direct. 
 
 Art. 29. That no person, except regular sol- 
 diers, mariners, and marines, in the service of 
 this State, or militia when in actual service, 
 ought in any case be subject to, or punishable 
 by, martial law. 
 
 Art. 30. That the independency and up- 
 rightness of Judges are essential to the impar- 
 tial administration of justice, and a great secu- 
 rity to the rights and liberties of the people; 
 wherefore the Judges shall not be removed, 
 except for misbehaviour, on conviction in a 
 court of law, or by the Governor, upon the 
 address of the General Assembly; provided^ 
 that two-thirds of all the members of each 
 House concur in such address. No Judee 
 
DECLARATION OF RIGHTS. 15 
 
 shall hold any other office, civil or military, or 
 political trust or employment of any kind what- 
 soever, 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. 31. That a long continuance in the Eotauon in of- 
 executive departments of power or trust is 
 dangerous to liberty ; a rotation, therefore, in 
 those departments is one of the best securities 
 of permanent freedom. 
 
 Art. 32. That no person ought to hold at Holding omces. 
 the same time more than one office of profit, 
 created by the Constitution or Laws of this 
 State ; nor ought any person in public trust to 
 receive any present from any Foreign Prince, presents. 
 or State, or from the United States, or any of 
 them, without the approbation of this State. 
 
 Art. 33. That as it is the duty of every man Eeugious Liteny 
 to worship God in such manner as he thinks 
 most acceptable to Him, all persons are equally 
 entitled to protection in their religious liberty, 
 wherefore, no person ought, by any law, to be 
 molested in his person or estate, on account 
 of his rehgious persuasion or profession, or for 
 his religious practice, unless under the color 
 of religion any man shall disturb the good or- 
 der, peace, or safety of the State, or shall in- 
 fringe the laws of morality, or injure others in 
 their natural, civil, or rehgious rights ; nor ought 
 any person to be compelled to frequent or 
 maintain or contribute, unless on contract, to 
 maintain any place of worship or any ministry ; 
 nor shall any person be deemed incompetent 
 as a witness or juror who believes in the exist- 
 
16 DECLARATION OF RIGHTS. 
 
 ence of a God, and that under his dispensation 
 such person will be held morally accountable 
 for his acts, and be rewarded or punished there- 
 for, either in this world or the world to come. 
 
 Oaths of Office. Art. 34. That no other test or qualification 
 ought to be required, on admission to any office 
 of trust or profit, than such oath of office as 
 may be prescribed by this Constitution, or by 
 the laws of the State, and a declaration of be- 
 lief in the Christian religion ; and if the party 
 shall profess to be a Jew, the declaration shall 
 be of his belief in a future state of rewards and 
 punishments. 
 
 Disqualification Art. 35. That cvery gift, sale or devise of 
 
 of Ministers and . . '' J^ 
 
 Keiigious bodies land, to auy minister, public teacher or preach- 
 
 irom iioldmg cer- i j j r r 
 
 tain property, g,. ^f ^]^q gospcl, as such, or to any 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 benefit; and, also, every 
 devise of goods or chattels, to or for the sup- 
 port, use or benefit of any minister, pubhc 
 teacher oj- preacher of the gospel, as such; 
 or any religious sect, order or denomination, 
 without the leave of the Legislature, shall be 
 void; except always, any sale, gift, lease or 
 devise of any quantity of land, not exceeding 
 five acres, for a church, meeting house or 
 other house of worship, or parsonage, or for a 
 burying ground, which shall be improved, en- 
 
DECLARATION OF RIGHTS. 17 
 
 joyed or used only for such purpose ; or such 
 sale, gift, lease or devise shall be void. 
 
 Art. 36. That the manner of administering Admiaistenng of 
 an oath or affirmation to any person, ought to 
 be such as those of the religious persuasion, 
 profession or denomination of which he is a 
 member, generally esteem the most effectual 
 confirmation by the attestation of the Divine 
 Being. 
 
 Art. 37. That the city of Annapolis ought Kghtsorthecity 
 
 •' ■* ? of Annapolis. 
 
 to have all its rights, privileges and benefits, 
 agreeably to its charter, and the acts of Assem- 
 bly confirming and regulating the same; sub- 
 ject to such alterations as have been or as 
 may be made by the Legislature. 
 
 Art. 38. That the liberty of the press ought Liberty of the 
 to be inviolably preserved. 
 
 Art. 39. That monopolies are odious, con- Monopolies. 
 trary to the spirit of a free government and 
 the principles of commerce, and ought not to 
 be suffered. 
 
 Art. 40. That no title of nobility or heredi- TiueaofNobuity, 
 tary honors ought to be granted in this State. 
 
 Art. 41. That the Legislature ought to en- Duties of the 
 courage the diffusion of knowledge and virtue, 
 the promotion of literature, the arts, sciences, 
 agriculture, commerce and manufactures, and 
 the general melioration of the condition of 
 the people. 
 
 Art. 42. This enumeration of rights shall Eights of the 
 not be construed to impair or deny others re- 
 tained by the people. 
 
 Art. 43!! That this Constitution shall not be Alteration of the 
 
 . , Constitution. 
 
 altered, changed, or abolished, except in the 
 manner therein prescribed and directed. 
 3 
 
voters, 
 
 THE CONSTITUTION. 
 
 ARTICLE I. 
 ELECTIVE FRANCHISE. 
 
 Quaiiflcations of Section 1. Everj free white male person, 
 of twenty-one years of age or upwards, who 
 shall have been one year next preceding the 
 election a resident of the State, and for six 
 months a resident of the city of Baltimore, or 
 of any county in which he may offer to vote, 
 and being at the time of the election a citizen 
 of the United States, shall be entitled to vote 
 in the ward or election district in which he re- 
 
 vow by Ballot, sidcs, in all elections hereafter to be held; and 
 at all such elections the vote shall be taken by 
 ballot. And in case any county or city shall 
 be so divided as to form portions of different 
 electoral districts for the election of Congress- 
 men, Senator, delegate, or other officer or offi- 
 cers, then to entitle a person to vote for such 
 officer, he must have been a resident of that 
 
 Division of coun- part of thc county or city which shall form a 
 
 ties, &c. ' P 1 1 . 
 
 part of the electoral district m which he offers 
 to vote, for six months next preceding the elec- 
 tion; but a person who shall have acquired a 
 residence in such county or city entitling him 
 to vote at any such election, shall'fte" entitled 
 to vote in the election district from which he 
 Change of Rcsi rcmovcd, uutil he shall have acquired a resi- 
 
CONSTITUTION OF MARYLAND. 19 
 
 dence in the part of the county or city to 
 which he has removed. 
 
 Sec. 2. That if any person shall give, or Bribery. 
 offer to give, directly or indirectly, any bribe, 
 present or reward, or any promise, or any se- 
 curity for the payment or delivery of money 
 or any other thing, to induce any voter to re- 
 frain from casting his vote, or forcibly to pre- 
 vent him in any way from voting, or to obtain 
 or procure a vote for any candidate or person 
 proposed or voted for, as elector of Presi- 
 dent and Vice President of the United States, 
 or Representative in Congress, or for any of- 
 fice of profit or trust created by the Consti- 
 tution or laws of this State, or by the ordi- 
 nances 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 so, 
 at any election to be hereafter held in this 
 State, shall, on conviction in a court of law, 
 in addition to the penalties now or hereafter penaiaes. 
 to be imposed by law, be forever disqualified 
 to hold any office of profit or trust, or to vote 
 at any election thereafter. 
 
 Sec. 3. It shall be the duty of the General Laws against me- 
 Assembly of Maryland to pass laws to punish ^^'™""^' 
 with fine and imprisonment any person who 
 shall remove into any election district or ward 
 of the city of Baltimore, not for the purpose 
 of acquiring a bona fide residence therein, 
 but for the purpose of voting therein at an 
 approaching election, or who shall vote in any 
 election district or ward in which he does not 
 
20 CONSTITUTION OF THE 
 
 reside, (except in the case provided for in the 
 first article of the Constitution,) or shall, at 
 the same election, vote in more than one elec- 
 tion district or ward, or shall vote or offer to 
 vote, in any name not his own, or in place of 
 any other person of the same name, or shall 
 vote in any county in which he does not reside. 
 Oath of Office. Sec. 4. Every person elected or appointed 
 to any office of profit or trust under the Con- 
 stitution or laws made pursuant thereto, before 
 he shall enter upon the duties of such office 
 shall take and subscribe the following oath or 
 affirmation: I, A. B., do swear (or affirm, as 
 the case may be,) that I will support the Con- 
 stitution of the United States, and that I will be 
 faithful and bear true allegiance to the State 
 of Maryland, and support the Constitution and 
 laws thereof; and that I will to the best of my 
 skill and judgment dihgently and faithfully, 
 without partiality or prejudice, execute the of- 
 fice of according to the Constitution 
 
 and laws of this State, and that since the adop- 
 tion of the present Constitution, I have not, in 
 any manner, violated the prowsions thereof in 
 relation to bribery of voters or preventing legal 
 or procuring illegal votes to be given; (and if 
 a Governor, Senator, member of the House of 
 Delegates, or Judge,) "that I will not directly 
 or indirectly receive the profits or any part of 
 the profits of any other office during the time 
 
 of my acting as ." And if any person 
 
 elected or appointed to office as aforesaid, shall 
 refuse or neglect to take the said oath or affir- 
 mation, he shall be considered as having refus- 
 ed to accept the said office, and a new election 
 
STATE OP MARYLAND. 21 
 
 or appointment shall be made as in case of 
 refusal or resignation, and any person swearing 
 or affirming falsely in the premises, shall, on 
 conviction thereof in a court of law, incur the 
 penalties for wilful and corrupt perjury, and be 
 thereafter incapable of voting at any election, 
 and also incapable of holding any office of 
 profit or trust in this State. 
 
 Sec. 5. That no person above the age of Persons disquau 
 twenty-one years, convicted of larceny or other 
 infamous crime, unless he shall be pardoned by 
 the Executive, shall ever thereafter be entitled 
 to vote at any election in this State, and no 
 person under guardianship as a lunatic, or as 
 a person non compos mentis, shall be entitled 
 to vote. 
 
 ARTICLE II. 
 
 EXECUTIVE DEPARTMENT. 
 
 Section 1. The Executive power of the The Governor; 
 
 ^ , „ , 1 ■ ^ 1 his Term of Of- 
 
 State shall be vested in a Governor, whose fi^^- 
 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. 
 
 Sec. 3. The first election for Governor un- Time, place, and 
 
 , J, manner of elect- 
 
 der this Constitution shall be held on the first ing Governor. 
 Wednesday of November, in the year eighteen 
 hundred and fifty-three, and on the same day 
 and month in every fourth year thereafter, at 
 the places of voting for delegates to the Gene- 
 ral Assembly, and every person qualified to 
 vote for delegates shall be qualified and entitled 
 
22 CONSTITUTION OF THE 
 
 to vote for Governor; the election to be held in 
 the same manner as the election of delegates, 
 and the returns thereof, under seal, to be ad- 
 dressed to the Speaker of the House of Dele- 
 gates, and enclosed and transmitted to the 
 Secretary of State, and delivered to the said 
 Speaker at the commencement of the session 
 of the Legislature next ensuing said election. 
 Plurality of votes Sec. 3. The Speaker of the House of Dele- 
 
 to elect* 1 • 1 "1 
 
 gates shall then open the said returns in the 
 presence of both Houses, and the person hav- 
 ing the highest number of votes, and being 
 constitutionally eligible, shall be the Governor, 
 and shall qualify in the manner herein prescrib- 
 ed, on the second Wednesday of January next 
 ensuing his election, or as soon thereafter as 
 may be practicable. 
 In case of a ue Sec. 4. If two OT moTC pcrsons shall have 
 
 General Assem- .ii.i i i y n 
 
 wy to choose, thc highest and an equal number oi votes, one 
 of them shall be chosen Governor by the Sen- 
 ate and House of Delegates ; and all questions 
 
 House of Dele- lu rclatiou lo the eligibility of Governor, and 
 
 gates to deter- - n ' i i ' i i 
 
 mine questions of to thc Tctums OI said cJcction, and to the num- 
 
 eligibility, Sac. ^ \ 
 
 ber and legality of votes therein given, shall be 
 In case of ineii- determined by the House of Delegates. And 
 
 gibility General . •' i • , i • i 
 
 Assembly to it thc pcrsou. Or persons, havms the highest 
 
 choose. r ^ I^ l O O 
 
 Vote jointly by numbcr of votes be ineligible, the Governor 
 shall be chosen by the Senate and House of 
 Delegates. Every election of Governor, by 
 the Legislature, shall be determined by a joint 
 majority of the Senate and House of Dele- 
 gates, and the vote shall be taken viva voce. 
 
 Mode of Voting But if two or morc persons shall have the high- 
 
 in case of a lie. O 
 
 est and an equal number of votes, then a se- 
 cond vote shall be taken, which shall be con- 
 
STATE OF MARYLAND. 23 
 
 fined to the persons having an equal number; 
 and if the votes should be again equal, then 
 the election of Governor shall be determined 
 by lot betvsreen those who shall have the high- 
 est and an equal number on the first vote. 
 
 Sec. 5. The State shall be divided into three state divided into 
 districts ; St. Mary's, Charles, Calvert, Prince ™''° wsS; 
 
 ./ V i 1 from which the 
 
 George's, Anne Arundel, Montgomery, and fCeThSsicce"^ 
 Howard counties, and the city of Baltimore, '""'• 
 to be the first; the eight counties of the East- 
 ern Shore to be the second; and Baltiniore, 
 Harford, Frederick, Washington, Allegany and 
 Carroll counties to be the third. The Govern- 
 or, elected from the third district in October 
 last, shall continue in office during the term 
 for which he was elected. The Governor shall 
 be taken from the first district, at the first elec- 
 tion of Governor under this Constitution ; from 
 the second district at the second election, and 
 from the third district at the third election, and 
 in like manner, afterwards, from each district 
 in regular succession. 
 
 Sic. 6. A person to be eligible to the office Qualification of 
 of Governor, must have attained the age of °™™"' 
 thirty years, and been for five years a citizen 
 of the United States, and for five years next 
 preceding his election a resident of the State, 
 and for three years a resident of the district 
 from which he was elected. 
 
 Sec. 7. In case of the death or resignation in case of Death, 
 of the Governor, or of his removal from the semtny to elect. ' 
 State, the General Assembly, if in session, or 
 if not, at their next session, shall elect some 
 other qualified resident of the same district, to 
 
24 CONSTITUTION OF THE 
 
 be the Governor for the residue of the term for 
 which the said Governor had been elected. 
 incaseofvacan- Sec. 8. In casc of anj vacancy in the office 
 Sf i?e™s1amre- of Govemor during the recess of the Legisla- 
 
 PrBsidtJiit of the 
 
 Senate to act as ^^j-e, tho Prcsidcnt of the Senate shall dis- 
 
 Governor — or if ? 
 
 ttenfte "speak" charge tho dutics of said office till a Governor 
 Dei?gtte"°tTac°tf is olected as herein provided for; and in case 
 of the death or resignation of said President, 
 or of his removal from the State, or of his re- 
 fusal to serve, then the duties of said office 
 shall, in like manner, and for the same interval, 
 devolve upon the Speaker of the House of 
 Legislature to Delegates, and the Legislature may provide 
 
 provide for Im- ° ' p •' ^ . , . 
 
 peachment and by law lor thc caso 01 impeachmcnt or inabi- 
 
 for cases of va- *' ^ 
 
 edftr™' '""'''" lity of the Governor, and declare what person 
 shall perform the executive duties during such 
 impeachment or inability ; and for any vacancy 
 in said office not herein provided for, provision 
 may be made by law, and if such vacancy 
 should occur without such provision being 
 made, the Legislature shall be convened by 
 the Secretary of State for the purpose of ffil- 
 ing said vacancy. 
 
 Governor to be Sec. 9. Tho Govomor shall be commander- 
 
 Commander-in- , , 
 
 l^tJ' l^h^i "°' '" m-chief of the land and naval forces of the 
 
 [HKe me coin- 
 
 mand in person, gtatc, aud may Call out the militia to repel in- 
 vasions, suppress insurrections, and enforce 
 the execution of the laws ; but shall not take 
 the command in person without the consent 
 of the Legislature. 
 
 His Duties. Sec. 10. He shall take care that the laws 
 
 be faithfully executed. 
 
 Appointment of Sec. 11. He shall nominate, and bv and with 
 
 Omcers. I i • 'J 
 
 the advice and consent of the Senate, appoint 
 all civil and military officers of the State, whose 
 
STATE OF MARYLAND. 25 
 
 appointment or election is not otherwise herein 
 provided for, unless a different mode of ap- 
 pointment be prescribed by the law creating 
 the office. 
 
 Sec. 12. In case of any vacancy during the Appointments 
 recess of the Senate in any office which the Legriature.^' 
 Goycrnor has power to fill, he shall appoint 
 some suitable person to said office, whose com- 
 mission shall continue in force till the end of 
 the next session of the Legislature, or till some 
 other person is appointed to the same office, 
 which ever shall first occur, and the nomina- 
 tion of the person thus appointed during the 
 recess, or of some other person in his place, 
 shall be made to the Senate within thirty days 
 after the next meeting of the Legislature. 
 
 Sec. 13. No person, after being rejected by persons rejected 
 
 1 /--I 1 11 1 • • 1 r» 1 not to be appoint- 
 
 the senate, shall be agam nommated for the ed. 
 same office at the same session, unless at the 
 request of the Senate; or be appointed to the 
 same office during the recess of the Legislature. 
 
 Sec. 14. All civil officers appointed by the Time of Nommii- 
 Governor and Senate, shall be nominated to 
 the Senate within fifty days from the com- 
 mencement of each regular session of the Le- 
 gislature; and their term of office shall com- TermofoiBce. 
 mence on the first Monday of May next ensuing 
 their appointment, and continue for two years 
 (unless sooner removed from office) and until 
 their successors respectively qualify according 
 to law. 
 
 Sec. 15. The Governor may suspend or ar- courtsMartiai. 
 rest any military officer of the State, for diso- 
 bedience of orders, or other military offence, 
 and may remove him in pursuance of the sen- 
 4 
 
26 CONSTITUTION OP THE 
 
 tence of a court-martial; and may remove for 
 incompetency or misconduct, all civil officers 
 who receive appointments from the Executive 
 for a term of years. 
 Extra Sessions of Sec. 16. Thc Govcmor may convene the 
 the Legislature. Lggjgjg^^^^ g^ qj. ^]^Q Senate alone, on extraor- 
 dinary occasions ; and w^henever, from the pre- 
 sence of an enemy or from any other cause, 
 the seat of government shall become an unsafe 
 place for the meeting of the Legislature, he 
 may direct their sessions to be held at some 
 other convenient place. 
 Governor to eja- Sec. 17. It shall be tho duty of the Govern- 
 SiIb?""'^ or semi-annually, and oftener if he deem it 
 expedient, to examine the bank-book, account 
 books, and official proceedings of the Trea- 
 surer and Comptroller of the State. 
 Governor to re- Sec. 18. Hc shall, from time to time inform 
 surest" Lc^'a- the Legislature of the condition of the State, 
 and recommend to their consideration such 
 measures as he may judge necessary and ex- 
 pedient. 
 Pardoning Power Sec. 19. Hc shall havc powcr to grant re- 
 prieves and pardons, except in cases of im- 
 peachment, and in cases in which he is prohi- 
 bited by other articles of this Constitution, 
 and to remit fines and forfeitures for offences 
 against the State ; but shall not remit the prin- 
 cipal or interest of any debt due to the State, 
 except in cases of fines and forfeitures; and 
 before granting a nolle prosequi, or pardon, he 
 shall give notice in one or more newspapers, 
 of the application made for it, and of the day 
 on or after which his decision will be given; 
 and in every case in which he exercises this 
 
STATE OF MARYLAND. 27 
 
 power, he shall report to either branch of the 
 Legislature, whenever required, the petitions, 
 recommendations and reasons which influence 
 his decision. 
 
 Sec. 20. The Governor shall reside at the Governor's resi. 
 seat of Government, and shall receive for his 
 services an annual salary of thirty-six hundred 
 dollars. 
 
 Sec. 21. When the public interest requires Mayempiov 
 it, he shall have power to employ counsel, who 
 shall be entitled to such compensation as the 
 Legislature may allow in each case after the 
 services of such counsel shall have been per- 
 formed. 
 
 Sec. 22. A Secretary of State shall be ap- secretary of 
 pointed by the Governor, by and with the ad- 
 vice and consent of the Senate, who shall 
 continue in office, unless sooner removed by 
 the Governor, till the end of the official term 
 of the Governor from whom he received his 
 appointment, and shall receive an annual salary 
 of one thousand dollars. 
 
 Sec. 23. He shall carefully keep and pre- ma Duties. 
 gerve a record of all official acts and proceed- 
 ings, (which may, at all times, be inspected by 
 a Committee of either branch of the Legisla- 
 ture,) and shall perform such other duties as 
 may be prescribed by law, or as may properly 
 belong to his office. 
 
28 CONSTITUTION OF THE 
 
 ARTICLE III. 
 LEGISLATIVE DEPARTMENT. 
 
 Two branches of Section 1. The Legislature shall consist of 
 
 the Legislature — ^ 
 
 Its style. ^^Q distinct branches, a Senate and a House 
 
 of Delegates, which shall be styled "The Gen- 
 eral Assembly of Maryland." 
 
 Election of Sena- ggc 2. Evcry county of the State, and the 
 city of Baltimore, shall be entitled to elect one 
 Senator, who shall be elected by the qualified 
 voters of the counties and city of Baltimore, 
 
 TMr Term of respcctively, and who shall serve for four years 
 from the day of their election. 
 
 Apportionment Sec. 3. Tlic Legislature at its first session 
 
 of Members or o 
 
 fates? "^ °'''^' after the returns of the national census of 
 eighteen hundred and sixty are published, and 
 in like manner after each subsequent census, 
 shall apportion the members of the House of 
 Delegates among the several counties of the 
 State, according to the population of each, 
 and shall always allow to the city of Balti- 
 more four more Delegates than are allowed 
 to the most populous county, but no county 
 shall be entitled to less than two members, nor 
 shall the whole number of delegates ever ex- 
 ceed eighty, or be less than sixty -five ; and un- 
 til the apportionment is made under the census 
 of eighteen hundred and sixty; St. Mary's 
 county shall be entitled to two delegates; 
 Kent, two ; Anne Arundel, three ; Calvert, two ; 
 Charles, two; Baltimore county, six; Talbot, 
 two; Somerset, four; Dorchester, three; Cecil, 
 three ; Prince George's, three ; Queen Anne's, 
 
STATE OF MARYLAND. 29 
 
 two; Worcester, three; Frederick, six; Har- 
 ford, three ; CaroUne, two ; Baltimore city, ten; 
 Washington, five ; Montgomery, two ; Allega- 
 ny, four ; Carroll, three, and Howard, two. 
 
 Sec. 4. The members of the House of De- EiecaonofDeie- 
 legates shall be elected by the qualified voters 
 of the counties and city of Baltimore respect- 
 ively, to serve for two years from the day of Their Term of 
 their election. 
 
 Sec. 5. The first election for delegates shall Time of Eiee- 
 take place on the first Wednesday of Novem- 
 ber, eighteen hundred and fifty-one ; and the 
 elections for delegates and for one-half of the 
 Senators, as nearly as practicable, shall be held 
 on the same day in every second year thereaf- 
 ter, but an election for Senators shall be held 
 in the year eighteen hundred and fifty-one, in 
 Howard county, and all those counties in which 
 senators were elected in the year eighteen hun- 
 dred and forty-six. 
 
 Sec. 6. Immediately after the Senate shall classification of 
 have convened after the first election under this 
 Constitution, the Senators shall be divided, by 
 lot, into two classes, as nearly equal in number 
 as may be — the Senators of the first class shall 
 go out of office at the expiration of two years, 
 and Senators shall be elected on the first Wed- 
 nesday of November, eighteen hundred and 
 fifty-three, for the term of four years, to supply 
 their places ; so that, after the first election, 
 one-half of the Senators may be chosen every 
 second year; provided, that in no case shall 
 any Senator be placed in a class which shall 
 entitle him to serve for a longer term than that 
 for which he was elected. In case the num- 
 
30 CONSTITUTION OF THE 
 
 ber of Senators be hereafter increased, such 
 classification of the additional Senators shall 
 be made as to preserve as nearly as may be 
 an equal number in each class. 
 Time Of Meetings Sec. 7. Thc General Assembly shall meet 
 Assemwy^Thefr ou thc first Wcdncsday of January, eighteen 
 
 Sessions biennial , ,, Tr»rt. ji i '^i 
 
 hundred and fifty-two, on the same day, m the 
 year eighteen hundred and fifty-three, and on 
 the same day in the year eighteen hundred and 
 fifty-four, and on the same day in every second 
 year thereafter, and at no other time unless 
 convened by the proclamation of the Governor. 
 
 Time of adjourn- Sec. 8. The General Assembly may conti- 
 nue their first two sessions after the adoption 
 of this Constitution, as long as, in the opinion 
 of the two Houses, the public interests may 
 require it, but all subsequent regular sessions 
 of the General Assembly shall be closed on 
 the tenth day of March next ensuing the time 
 of their commencement, unless the same shall 
 be closed at an earlier day by the agreement 
 of the two Houses. 
 
 Qualifications of Sec. 9. No pcrson shall be eligible as a Se- 
 
 Benators and. De- ^ . <• i . i 
 
 legates. nator or delegate who, at the time of his elec- 
 
 tion, is not a citizen of the United States, and 
 who has not resided at least three years next 
 preceding the day of his election in this State, 
 and the last year thereof in the county or city 
 which he may be chosen to represent, if such 
 county or city shall have been so long estab- 
 hshed, and if not, then in the county from 
 which, in whole or in part, the same may have 
 been formed ; nor shall any person be ehgible 
 as a Senator unless he shall have attained the 
 age of twenty-five years, nor as a delegate un- 
 
STATE OF MARYLAND. 31 
 
 less he shall have attained the age of twenty- 
 one years at the time of his election. 
 
 Sec. 10. No member of Congress, or per- peraonsineiigi- 
 
 ... •^■ ry T '''' "^ Senators 
 
 sons holdmg any civil or military omce under orDeiegawa. 
 the United States, shall be eligible as a sena- 
 tor or delegate; and if any person shall, after 
 his election as a senator or delegate, be elected 
 to Congress, or be appointed to any office, civil 
 or military, under the government of the United 
 States, his acceptance thereof shall vacate his 
 seat. 
 
 Sec. 11. No Minister or Preacher of the same. 
 Gospel, of any denomination, and no person 
 holding any civil office of profit or trust under 
 this State, except Justices of the Peace, shall 
 be eligible as senator or delegate. 
 
 Sec. 12. Each House shall be judge of the powers of each 
 
 ■ , . r. • 1 House. 
 
 qualifications and elections ot its members, 
 subject to the lavs^s of the State — appoint its 
 ow^n officers, determine the rules of its own 
 proceedings, punish a member for disorderly 
 or disrespectful behaviour, and with the con- 
 sent of two-thirds, expel a member; but no 
 member shall be expelled a second time for 
 the same offence. 
 
 Sec. 13. A majority of each House shall Quomm. 
 constitute a quorum for the transaction of bu- 
 siness, but a smaller number may adjourn from 
 day to day, and compel the attendance of ab- 
 sent members in such manner and under such 
 penalties as each House may prescribe. 
 
 Sec. 14. The doors of each House and of sessions to be 
 
 open- 
 
 committees of the whole shall be open, except 
 when the business is such as ought to be kept 
 secret. 
 
32 
 
 CONSTITUTION OF THE 
 
 Journals to be 
 published. 
 
 Yeas and Nays. 
 
 Special Adjoxim- 
 ments. 
 
 Style of Laws. 
 
 Mode of their en- 
 actment. 
 
 Codification of 
 Laws. 
 
 Amendments. 
 
 Additions. 
 
 Sec. 15. Each House shall keep a journal 
 of its proceedings, and cause the same to be 
 pubhshed. The yeas and nays of members on 
 any question shall, at the call of any five of 
 them, in the House of Delegates, or one in 
 the Senate, be entered on the journal. 
 
 Sec. 16. Neither House shall, without the 
 consent of the other, adjourn for more than 
 three days; nOr to any other place than that 
 in which the House shall be sitting, without 
 the concurrent vote of two-thirds of the mem- 
 bers present. 
 
 Sec. 17. The style of all laws of this State 
 shall be, "Be it enacted by the General Assem- 
 bly of Maryland," and all laws shall be passed 
 by original bill, and every law enacted by the 
 Legislature shall embrace but one subject, and 
 that shall be described in the title, and no law 
 or section of law shall be revived, amended or 
 repealed by reference to its title or section 
 only; and it shall be the duty of the Legisla- 
 ture, at the first session afi;er the adoption of 
 this Constitution, to appoint two commission- 
 ers learned in the law, to revise and codify the 
 laws of this State ; and the said commissioners 
 shall report the said code, so formed, to the 
 Legislature, within a time to be by it deter- 
 mined for its approval, amendment, or rejec- 
 tion; and, if adopted after the revision and 
 codification of the said laws, it shall be the 
 duty of the Legislature, in amending any article 
 or section thereof, to enact the same as the said 
 article or section would read when amended. 
 And whenever the Legislature shall enact any 
 pubUc general law, not amendatory of any sec- 
 
STATE OF MARYLAND. 33 
 
 tion or article in the said code, it shall be the 
 duty of the Legislature to enact the same in 
 articles and sections, in the same manner as 
 the said code may be arranged ; and to provide 
 for the publication of all additions and altera- 
 tions which may be made to the said code, and 
 it shall also be the duty of the Legislature to 
 appoint one or more commissioners learned in 
 the law, whose duty it shall be to revise, sim- RuiesofPractice 
 plify, and abridge the rules of practice, plead- conveylncmgw 
 
 p, (. . , be revised. 
 
 mgs, torms oi conveyancmg, and proceedmgs 
 of the Courts of record in this State. 
 
 Sec. 18. Any bill may originate in either Either House 
 House of the General Assembly, and be alter- S. ""^"""^ 
 ed, amended or rejected by the other; but no 
 bill shall originate in either House during the 
 last three days of the session, or become a 
 law, until it be read on three different days of 
 the session in each House, unless three-fourths 
 of the members of the House, where such bill 
 is pending, shall so determine. 
 
 Sec. 19. No bill shall become a law unless passage of Bins. 
 it be passed in each House by a majority of 
 the whole number of members elected, and on 
 its final passage the ayes and noes be recorded. 
 
 Sec. 20. No money shall be drawn from the Appropriations of 
 
 •^ money to be 
 
 Treasury of the State, except in accordance '°i"i<= ^y law. 
 with an appropriation made by law, and every 
 such law shall distinctly specify the sum appro- 
 priated, and the object to vvhich it shall be ap- 
 plied, provided that nothing herein contained 
 shall prevent the Legislature from placing a 
 contingent fund at the disposal of the Execu- comingemfund. 
 tive, who shall report to the Legislature at 
 each session the amount expended and the 
 5 
 
34 CONSTITUTION OF THE 
 
 statement of Re- Durposes to wWch it was applied; an accurate 
 
 ceipts and Ex- * r ^ , . i jV r- 
 
 penditures to be statement of the receipts and expenditures or 
 
 published. '■ ill 
 
 the public money shall be attached to and pub- 
 lished with the laws after each regular session 
 of the General Assembly. 
 
 Divorces not to Sec. 21. No dlvorcc shall be granted by the 
 
 be granted by Ge- ^ •' 
 
 nerai Assembly, (jencral Assombly. 
 
 No Debts to be Sec. 22. No dcbt shall hereafter be contract- 
 
 i^"gSat^e.^"'° ed by the Legislature, unless such debt shall be 
 authorized by a law providing for the collection 
 of an annual tax or taxes sufficient to pay the 
 interest on such debt as it falls due, and also 
 to discharge the principal thereof within fifteen 
 years from the time of contracting the same, 
 and the taxes laid for this purpose shall not be 
 repealed or applied to any other object until 
 the said debt and the interest thereon shall be 
 fully discharged, and the amount of debts so 
 contracted and remaining unpaid shall never 
 
 The Credit of the excccd ouc huiidrcd thousand dollars. The 
 
 State not to be t /> i r~i in 
 
 given. credit of the state shall not, m any manner, 
 
 be given or loaned to or in aid of any indivi- 
 dual, association or corporation, nor shall the 
 General Assembly have the power, in any 
 mode, to involve the State in the construction 
 of works of internal improvement, or in any 
 enterprize which shall involve the faith or cre- 
 dit of the State, or make any appropriations 
 
 Proceeds of In- thercfor. And they shall not use or appropri- 
 
 temal Improve- '^ ill 
 
 ^J'sS°Taxto ^te the proceeds of the internal improvement 
 pubHo'DeM. '"'' companies, or of the State Tax now levied, or 
 which may hereafter be levied, to pay off the 
 public debt, to any other purpose, until the in- 
 terest and debt are fully paid, or the sinking 
 fund shall be equal to the amount of the out- 
 
STATE OF MARYLAND. 35 
 
 Standing debt; but the Legislature may, with- 
 out laying a tax, borrow an amount never to 
 exceed fifty thousand dollars, to meet tempo- Temporary Dea- 
 rary deficiencies in the Treasury, and may "™"'''" 
 contract debts to any amount that may be ne- 
 cessary for the defence of the State. Defence of me 
 
 TIT state. 
 
 OEc. 23. No extra compensation shall be no extra com- 
 granted or allowed by the General Assembly tobTdEvS"'"^ 
 to any public ofiicer, agent, servant or contrac- 
 tor, after the services shall have been rendered 
 or the contract entered into. Nor shall the 
 salary or compensation of any public officer 
 be increased or diminished during his term of 
 office. 
 
 Sec. 24. No Senator or Delesate, after qua- Disquaufication 
 
 ,.„ . 1 1 11 . o 7 ^ of Senators and 
 
 mymg as such, shall, durmg the term for which ceSomces'"'^ 
 he was elected, be eligible to any office which 
 shall have been created, or the salary or pro- 
 fits of which shall have been increased during 
 such term, or shall, during said term, hold any 
 office or receive the salary or profits of any 
 office, under the appointment of the Executive 
 or Legislature. 
 
 Sec. 25. Each House may punish by impri- Each House may 
 
 , . 1 . * /» 1 rf->( 1 imprison for dis- 
 
 sonment, durmg the session or the (general respect. 
 Assembly, any person not a member, for dis- 
 respectful or disorderly behaviour in its pre- 
 sence, or for obstructing any of its proceedings 
 or any of its officers in the execution of their 
 duties ; provided^ such imprisonment shall not, 
 at any one time, exceed ten days. 
 
 Sec. 26. The members of each House shall. Exemption from 
 in all cases, except treason, felony, or other 
 criminal offence, be privileged from arrest dur- 
 ing their attendance at the session of the Gen- 
 
36 CONSTITUTION OF THE 
 
 eral Assembly, and in going to and returning 
 from the same, allowing one day for every thirty 
 miles such member may reside from the place 
 at which the General Assembly is convened. 
 
 No liability for Sec. 27. No Scuator or Delegate shall be 
 
 words spoken in,.,,. .., • ••! 
 
 debate. liable, m any civil action or criminal prosecu- 
 
 tion whatever, for words spoken in debate. 
 
 Powers of the Seo. 28. The House of Delegates may in- 
 
 House of Dele- . in- • j. ^^ 
 
 gates. quire, on the oath oi witnesses, into all com- 
 
 plaints, grievances and offences, as the Grand 
 Inquest of the State, and may commit any per- 
 son for any crime to the public jail, there to 
 remain until discharged by due course of law — 
 they may examine and pass all accounts of the 
 State, relating either in the collection or ex- 
 penditure of the revenue, and appoint auditors 
 to state and adjust the same — they may call 
 for all public or official papers, and records, 
 and send for persons whom they may judge 
 necessary in the course of their inquiries con- 
 cerning affairs relating to the public interest, 
 and may direct all office bonds which shall be 
 made payable to the State, to be sued for any 
 breach of duty. 
 
 Provision for va- Sec.29. Ill casc of dcath, disqualification, 
 
 cancies in office . . r i i • 
 
 oJ|™"orof De- resiguatiou, refusal to act, expulsion or removal 
 from the county or city for which he shall have 
 been elected, of any person who shall have been 
 chosen as a delegate or senator, or in case of a 
 tie between two or more such qualified persons, 
 a warrant of election shall be issued by the 
 Speaker of the House of Delegates or Presi- 
 dent 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 
 
STATE OP MARYLAND. 37 
 
 given, exclusive of the day of the publication of 
 the notice and of the day of election; and in 
 case of such resignation or refusal to act, being 
 communicated in v^^riting, to the Governor, by 
 the person making it, or if such death occur 
 during the legislative recess and more than ten 
 days before its termination, it shall be the duty 
 of the Governor to issue a vi^arrant of election 
 to supply the vacancy thus created in the same 
 manner that the said Speaker or President 
 might have done during the session of the 
 Legislature ; provided, how:ever, that unless a 
 meeting of the General Assembly may inter- 
 vene, the election thus ordered to fill such va- 
 cancy shall be held on the day of the ensuing 
 election for delegates and senators. 
 
 Sec. 30. The Senators and Delegates shall compensation of 
 
 ° Senators and De- 
 
 receive a per diem of four dollars, and such 'eg^ws- 
 
 mileage as may be allowed by law^, and the 
 presiding officer of each House shall be allow- 
 ed an addition of one dollar per day. No book Books not to be 
 
 "1 i • ■ A J.1 purchased. 
 
 or other prmted matter not appertammg to the 
 business of the session, shall be purchased or 
 subscribed for, for the use of the members or be 
 distributed among them, at the public expense. 
 
 Sec. 31. No law passed by the General As- when Laws to* 
 
 take efTect 
 
 sembly shall take effect until the first day of 
 June next after the session at which it may be 
 passed, unless it be otherwise expressly declar- 
 ed therein. 
 
 Sec. 32. No law shall be passed creating office of Attor- 
 
 ney General abo- 
 
 the office of Attorney General. "^ned. 
 
 Sec. 33. The General Assembly shall have General Assem- 
 
 , „ n bly may disfran- 
 
 full power to exclude from the privilege of vot- chise certain per- 
 ing at elections, or of holding any civil or mili- 
 
38 CONSTITUTION OF THE 
 
 tary office in this State, any person who may 
 thereafter be convicted of perjury, bribery, or 
 other felony, unless such person shall have 
 been pardoned by the Executive. 
 Mode of Attest- Sec. 34. Evcry bill, when passed by the 
 mg aws. General Assembly, and sealed with the Great 
 Seal, shall be presented to the Governor, who 
 shall sign the same in the presence of the pre- 
 siding officers and chief clerks of the Senate 
 Laws to be Ee- and Housc of Dclegatcs. Every law shall be 
 fied'to^cSuru."'" recorded in the office of the Court of Appeals, 
 and in due time be printed, published and cer- 
 tified under the great seal to the several courts 
 in the same manner as has been heretofore 
 usual in this State. 
 Defaulting Col- Sec. 35. No person who may hereafter be a 
 
 lectors to be in- *■ "^ 
 
 tors'orDdeflt"esi collcctor, rcceivcr or holder of public moneys, 
 shall be eligible as Senator or Delegate, or to 
 any office of profit or trust under this State, 
 until he shall have accounted for and paid into 
 the treasury all sums on the books thereof, 
 charged to and due by him. 
 
 Duellists ineiigi- Sec. 36. Any citizen of this State who shall, 
 after the adoption of this Constitution, either 
 in or out of this State, fight a duel with deadly 
 weapons, or send or accept a challenge so to 
 do, or who shall act as a second, or knowingly 
 aid or assist in any manner those thus offend- 
 ing, shall ever thereafter be incapable of hold- 
 ing any office of trust or profit under this State. 
 
 Lotteries prohi- Sec. 37. No lottcry grant shall ever hereaf- 
 ter be authorized by the Legislature. 
 
 tTbeproteS."' ^^^' ^^' ^^^ General Assembly shall pass 
 laws necessary to protect the property of the 
 the wife, from the debts of the husband during 
 
STATE OF MARYLAND. 39 
 
 her life, and for securing the same to her issue 
 after her death. 
 
 Sec. 39. Laws shall be passed by the Legis- ExempuonLawa 
 lature to protect from execution a reasonable 
 amount of the property of a debtor, not exceed- 
 ing in value the sum of five hundred dollars. 
 
 Sec. 40. The Legislature shall, at its first compensation of 
 
 1 . /. 1 . ^ Clerks and Ee- 
 
 session after the adoption of this Constitu- §*=«""• 
 tion, adopt some simple and uniform system of 
 charges in the offices of clerks of courts and 
 registers of wills in 'the counties of this State 
 and the city of Baltimore, and for the collec- 
 tion thereof; provided, the amount of compen- 
 sation to any of said officers shall not exceed 
 the sum of twenty-five hundred dollars a year, 
 over and above office expenses, and compen- 
 sation to assistants *, and provided, further, that 
 such compensation of clerks, registers, assist- 
 ants and office expenses, shall always be paid 
 out of the fees or receipts of the offices re- 
 spectively. 
 
 Sec. 41. The House of Delegates shall have impeachments. 
 the sole power of impeachment in all cases, 
 but a majority of all the members must concur 
 in an impeachment; all impeachments shall be 
 tried by the Senate, and when sitting for that 
 purpose they shall be on oath or affirmation to 
 do justice according to the law and evidence, 
 but no person shall be convicted without the 
 concurrence of two-thirds of all the senators. 
 
 Sec. 42. That it shall be the duty of the imemai im- 
 
 in provement Com- 
 
 Legislature so soon as the public debt shall panies. 
 have been fully paid off, to cause to be trans- 
 ferred to the several counties and the city of 
 Baltimore, stock in the internal improvement 
 
40 CONSTITUTION OF THE 
 
 companies, equal to the amount respectively 
 paid by each towards the erection and com- 
 pletion of said works, at the then market value 
 of said stock. 
 
 Master and Slave Sec. 43. The Legislature shall not pass any 
 law abolishing the relation of master or slave, 
 as it now exists in this State. 
 
 mem°fwDe"bt ^^^- '^^- '^^ pcTSou shall bc imprisoned for 
 debt. 
 
 Banka not to be Sec. 45. Thc Lcgislaturc hereafter shall 
 
 c artered. grant no charter for banking purposes or renew 
 any banking corporation now in existence, ex- 
 cept upon the condition that the stockholder* 
 and directors shall be liable to the amount of 
 their respective share or shares of stock in 
 such banking institution for all its debts and 
 
 Provisions reiat- liabilities upou notc, bill or otherwise ; and up- 
 on the further condition that no director or 
 other officer of said corporation shall borrow 
 any money from said coporation; and if any 
 director or other officer shall be convicted up- 
 on indictment of directly or indirectly violating 
 this article, he shall be punished by fine or 
 imprisonment at the discretion of the Court. 
 All banks shall be open to inspection of their 
 books, papers and accounts, under such regu- 
 lations as may be prescribed by law. 
 
 Private Property Sec. 46. Thc Lcgislaturc shall enact no law 
 
 taken for Public " 
 
 use to be paid for. authoriziug privatc property to be taken for 
 public use without just compensation as agreed 
 upon between the parties or awarded by a jury, 
 being first paid or tendered to the party enti- 
 tled to such compensation. 
 b°S°d"forb; Sec. 47. Corporations may be formed under 
 General L»ws. gg^eral laws, but shall not be created by spe- 
 
STATE OF MARYLAND. 41 
 
 cial act, except for municipal purposes, and in 
 cases where, in the judgment of the Legisla- 
 ture, the object of the corporation cannot be 
 attained under general laws. All laws and 
 special acts pursuant to this section may be 
 altered from time to time, or repealed; pro- 
 vided^ nothing herein contained shall be con- 
 strued to alter, change or amend in any man- 
 ner the article in relation to Banks. 
 
 Sec. 48. The Legislature shall make provi- contested Eiec 
 sion for all cases of contested elections of any 
 of the officers not herein provided for. 
 
 Sec. 49. That the rate of interest in this Kate of interest. 
 State shall not exceed six per cent, per annum, 
 and no higher rate shall be taken or demand- 
 ed, and the Legislature shall provide, by law, 
 all necessary forfeitures and penalties against 
 usury. 
 
 ARTICLE IV. 
 
 JUDICIARY DEPARTMENT. 
 
 Section 1. The Judicial power of this State Tue judimi 
 
 * ^ Power — how 
 
 shall be vested in a Court of Appeals, in Cir- ^«*'«'i- 
 cuit Courts, in such Courts for the city of Bal- 
 timore as may be hereinafter prescribed, and 
 in Justices of the Peace. 
 
 Sec 2. The Court of Appeals shall have courtofAppeais, 
 
 ■ • T • 1 1 • I 1 11 1 "^ jurisdiction 
 
 appellate jurisdiction only, which shall be co- and constitution. 
 extensive with the limits of the State. It shall 
 consist of a chief justice and three associate 
 justices, any three of whom shall form a quo- 
 rum, whose judgment shall be final and con- 
 clusive in all cases of appeals; and who shall 
 6 
 
42 CONSTITUTION OF THE 
 
 have the jurisdiction which the present Court 
 of Appeals of this State now has, and such 
 other appellate jurisdiction as hereafter may 
 be provided for by law. And in every case 
 decided, an opinion, in writing, shall be filed. 
 Reports of Deci- aud provisiou shall be made, by law, for pub- 
 
 8ions to be pub- r ^ ^ V , 
 
 ushed. lishing reports of cases argued and determined 
 
 in the said court. The Governor, for the time 
 being, by and with the advice and consent of 
 the Senate, shall designate the chief justice, 
 
 Time and place and the Court of Appeals shall hold its ses- 
 
 of meeting. _ ^ ^ 
 
 sions at the city of Annapolis, on the first 
 Monday of June, and the first Monday of De- 
 cember, in each and every year. 
 Clerk of Court of Sec. 3. The Court of Appoals shall appoiut 
 Appeals. j^g ^^^ clerk, who shall hold his office for six 
 
 years, and may be re-appointed at the end there- 
 of; he shall be subject to removal by the said 
 court for incompetency, neglect of duty, mis- 
 demeanor in office, and for such other causes 
 as may be prescribed by law. 
 State divided into Sec. 4. Thc State shall be divided into four 
 
 four Judicial Dis- x t • i t • » ii iit i • -n 
 
 tricts. Judicial districts: Allegany, Washmgton, Jbre- 
 
 derick, Carroll, Baltimore and Harford coun- 
 ties, shall compose the first; Montgomery, 
 Howard, Anne Arundel, Calvert, St. Mary's, 
 Charles and Prince George's, the second; Bal- 
 timore city, the third ; and Cecil, Kent, Q,ueen 
 Anne's, Talbot, CaroUne, Dorchester, Somer- 
 set and Worcester, shall compose the fourth 
 
 One Judge of distoct. Aud ouo person from among those 
 
 Court of Appeals ^ o 
 
 'e°achdtoic""'" learned in the law, having been admitted to 
 
 His auaiisca- practlcc in this State, and who shall have been 
 
 a citizen of this State at least five years, and 
 
 above the age of thirty years at the time of his 
 
STATE OP MARYLAND. 43 
 
 election, and a resident of the judicial district, 
 shall be elected from each of said districts by 
 the legal and qualified voters therein, as a 
 judge of the said Court of Appeals, who shall 
 hold his office for the term of ten years from Termofoffice. 
 the time of his election, or until he shall have 
 attained the age of seventy years, which ever 
 may first happen, and be re-eligible thereto 
 until he shall have attained the age of seventy 
 years, and not after, subject to removal for in- 
 competency, wilful neglect of duty or misbe- 
 haviour in office, on conviction in a court of 
 law, or by the Governor upon the address of 
 the General Assembly, two-thirds of the mem- 
 bers of each House concurring in such address ; 
 and the salary of each of the Judges of the saiaiy. 
 Court of Appeals shall be two thousand five 
 hundred dollars annually, and shall not be in- 
 creased or diminished during their continuance 
 in office; and no fees or perquisites of any 
 kind, shall be allowed by law to any of the 
 said judges. 
 
 Sec. 5. No Judge of the Court of Appeals judges of court 
 shall sit in any case wherein he may be inter- quaHfler^ cer- 
 
 _ , • 1 r* 1 * 1 ^^'^ cases. 
 
 ested, or where either or the parties may be 
 
 connected with him by affinity or consanguinity 
 
 within such degrees as may be prescribed by 
 
 law, or when he shall have been of counsel in 
 
 said case ; when the Court of Appeals, or any 
 
 of its members shall be thus disqualified to 
 
 hear and determine any case or cases in said 
 
 court, so that by reason thereof no judgment 
 
 can be rendered in said court, the same shall 
 
 be certified to the Governor of the State, who Governor w ap- 
 
 shall immediately commission the requisite K caalsf " 
 
44 CONSTITUTION OF THE 
 
 number of persons learned in the law for the 
 trial and determination of said case or cases. 
 judsestohec™- Sec. 6. All Judgcs of the Court of Appeals, 
 pea™r °'^ ""^ of the Circuit Courts, and of the Courts for 
 the city of Baltimore, shall, by virtue of their 
 offices, be conservators of the peace through- 
 out the State. 
 sIS^wJuTin: Sec. 7. All public commissions and grants 
 dictment., do. gj^^jj ^^^ ^^^^^ . ,, rpj^^ ^^^^^ ^f Maryland," &c., 
 
 and shall be signed by the Governor, vi^ith the 
 seal of the State annexed; all writs and pro- 
 cess shall run in the same style, and be tested, 
 sealed and signed as usual ; and all indictments 
 shall conclude " against the peace, government 
 and dignity of the State." 
 State divided in- Sec. 8. The State shall be divided into eight 
 
 to eight Judicial ~ 
 
 Circuits, Judicial Circuits, in manner and form follow- 
 
 ing, to wit: St. Mary's, Charles and Prince 
 George's counties shall be the first ; Anne Ar- 
 undel, Howard, Calvert and Montgomery coun- 
 ties shall be the second; Frederick and Car- 
 roll counties shall be the third; Washington 
 and Allegany counties shall be the fourth; 
 Baltimore city shall be the fifth; Baltimore, 
 Harford and Cecil counties shall be the sixth; 
 Kent, Queen Anne's, Talbot and Caroline 
 counties shall be the seventh; and Dorchester, 
 Somerset and Worcester counties shall be the 
 
 eiecteffoVeach eighth; aud thcrc shall be elected as hereinaf- 
 
 cireuit. ^gr directed for each of the said Judicial Cir- 
 
 cuits, except the fifth, one person from among 
 those learned in the law, having been admitted 
 
 msQuaiiflca- to practicc in this State, and who shall have 
 been a citizen of this State at least five years, 
 and above the age of thirty years at the time 
 
Courts. 
 
 STATE OF MARYLAND. 45 
 
 of his election, and a resident of the Judicial 
 Circuit to be Judge thereof; the said Judges 
 shall be styled Circuit Judges, and shall re- Theirstyie. 
 spectively hold a term of their courts at least Te^softhe 
 twice in each year, or oftener if required by 
 law, in each county composing their respective 
 circuits; and the said courts shall be called 
 Circuit Courts for the county in which they 
 may be held, and shall have and exercise in 
 the several counties of this State, all the pow- 
 er, authority and jurisdiction which the county juriBdicuon. 
 courts of this State now have and exercise, or 
 which may hereafter be prescribed by law, and 
 the said Judges in their respective circuits, 
 shall have and exercise all the power, autho- 
 rity and jurisdiction of the present Court of 
 Chancery of Maryland; Provided, neverthe- 
 less, that Baltimore county court may hold its Baltimore coun- 
 sittings within the limits of the city of Balti- ^^°'"^' 
 more, until provision shall be made by law for 
 the location of a county seat within the limits 
 of the said county proper, and the erection of 
 a court house and all other appropriate build- 
 ings, for the convenient administration of jus- 
 tice in said court. 
 
 Sec. 9. The judges of the several judicial auaiiacations of 
 circuits shall be citizens of the United States, couna." '^"°"" 
 and shall have resided five years in this State, 
 and two years in the judicial circuit for which 
 they may be respectively elected, next before 
 the tinle of their election, and shall reside 
 therein while they continue to act as judges; 
 they shall be taken from among those who 
 having the other qualifications herein prescrib- 
 ed, are most distinguished for integrity, wis- 
 
46 
 
 CONSTITUTION OF THE 
 
 Term of Office. 
 
 Salary. 
 
 Court of Com- 
 mon Pleas. 
 
 Its Juriadiction, 
 
 Superior Court, 
 
 Its Jurisdiction. 
 
 dom and sound legal knowledge, and shall be 
 elected by the qualified voters of the said cir- 
 cuits, and shall hold their offices for the term 
 of ten years, removable for misbehaviour, on 
 conviction in a court of lavi^ or by the Governor, 
 upon the address • of the General Assembly, 
 provided that tvi^o-thirds of the members of 
 each House shall concur in such address, and 
 the said judges shall each receive a salary of 
 two thousand dollars a year, and the same 
 shall not be increased or diminished during 
 the time of their continuance in office ; and no 
 judge of any court in this State, shall receive 
 any perquisite, fee, commission or reward, in 
 addition thereto, for the performance of any 
 judicial duty. 
 
 Sec. 10. There shall be established for the 
 city of Baltimore one court of law, to be styled 
 "the Court of Common Pleas," which shall 
 have civil jurisdiction in all suits where the 
 debt or damage claimed shall be over one hun- 
 dred dollars, and shall not exceed five hundred 
 dollars; and shall, also, have jurisdiction in all 
 cases of appeal from the judgment of justices 
 of the peace in the said city, and shall have 
 jurisdiction in all apphcations for the benefit 
 of the insolvent laws of this State, and the su- 
 pervision and control of the trustees thereof 
 
 Sec. 11. There shall also be established, for 
 the city of Baltimore, another court of law, 
 to be styled the Superior Court of Baltimore 
 city, which shall have jurisdiction over all suits 
 where the debt or damage claimed shall ex- 
 ceed the sum of five hundred dollars, and in 
 case any plaintiff' or plaintiffs shall recover less 
 
STATE OF MARYLAND. 47 
 
 than the sum or value of five hundred dollars, 
 he or they shall be allowed or adjudged to pay- 
 costs in the discretion of the court. The said 
 court shall also have jurisdiction as a court of 
 equity within the limits of the said city, and in 
 all other civil cases which have not been here- 
 tofore assigned to the court of common pleas. 
 
 Sec. 12. Each of the said two courts shall constitution of 
 consist of one judge, who shall be elected by for dVcases.' 
 the legal and qualified voters of the said city, 
 and shall hold his ofiice for the term of ten 
 years, subject to the provisions of this Consti- 
 tution, with regard to the election and qualifi- Q''a"fl'/'>5?=°'3. 
 
 O _ T Term of Office of 
 
 cation of judges and their removal from office, ""^ ■'""'s^"- 
 and the salary of each of the said judges shall xheir salary. 
 be twenty-five hundred dollars a year; and the 
 Legislature shall, whenever it may think the 
 same proper and expedient, provide, by law, 
 another court for the city of Baltimore, to con- Another court. 
 sist of one judge to be elected by the qualified 
 voters of the said city, who shall be subject to 
 the same constitutional provisions, hold his 
 office for the same term of years, and receive 
 the same compensation as the judge of the 
 court of Common Pleas of the said city, and 
 the said court shall have such jurisdiction and 
 powers as may be prescribed by law. 
 
 Sec. 13. There shall also be a criminal court criminal court of 
 
 . Baltimore. 
 
 for the city of Baltimore, to be styled the Cri- 
 minal Court of Baltimore, which shall consist 
 of one judge, who shall also be elected by the 
 legal and qualified voters of the said city, and 
 who shall have and exercise all the jurisdiction its jurisdiction. 
 now exercised by Baltimore city court, and 
 the said judge shall receive a salary of two 
 
48 CONSTITUTION OP THE 
 
 Salary, Quaiifi- thousaiid dolkrs a year and shall be subject 
 
 cauons, slc, of ^^ ^^^ provisions of this Constitution with re- 
 gard to the election and qualifications of judges, 
 term of office, and removal therefrom. 
 
 Clerk of Circuit Sec. 14. Thcre shall be in each county a 
 clerk of the Circuit Court, who shall be elect- 
 ed by the qualified voters of each county, and 
 the person receiving the greatest number of 
 votes shall be declared and returned duly 
 
 His Election and clectcd clcrk of sald Circuit Court for the said 
 county, and shall hold his office for the term 
 of six years from the time of his election, and 
 until a new election is held ; shall be re-eligible 
 thereto, and subject to removal for wilful ne- 
 glect of duty, or other misdemeanor in office, 
 on conviction in a court of law. There shall 
 
 Clerks of Court also be a clerk of the Court of Common Pleas 
 
 of Com'n Pleas, 
 
 andT'crS ^^ Baltimore city, and a clerk of the Superior 
 
 *^°""' Court of Baltimore city, and there shall also 
 
 be a clerk of the Criminal Court of Baltimore 
 
 Their Election citv, aud cach of thc sald clerks shall be elect- 
 
 andTermofOf- •' ' . i , ^• r- ^ r- t 
 
 fi'^e- ed as aforesaid by the qualified voters ot the 
 
 city of Baltimore, and shall hold his office for 
 six years from the time of his election, and 
 until a new election is held, and be re-eligible 
 thereto, subject, in like manner, to be removed 
 for wilful neglect of duty or other misdemean- 
 or in office, on conviction in a court of law. 
 
 Vacancies. In caso of a vacaucy in the office of a clerk, 
 the judge or judges of the court, of which he 
 was clerk, shall have the power to appoint a 
 clerk until the general election of delegates 
 held next thereafter, when a clerk shall be 
 elected to fill such vacancy. 
 
STATE OF MARYLAND. 49 
 
 Sec. 15. The clerk of the Court of Com- The respective 
 mon Pleas for Baltimore city, shall have autho- werof thrcierkJ 
 
 •, , . ... . of the two Civil 
 
 rity to issue withm the said city, all marriage Sore'cil?. """'" 
 and other hcenses required by law, subject to 
 such provisions as the Legislature shall here- 
 after prescribe ; and the clerk of the Superior 
 Court for said city, shall have the custody of 
 all deeds, conveyances, and other papers now 
 remaining in the office of the clerk of Balti- 
 more county court, and shall hereafter receive 
 and record all deeds, conveyances, and other 
 papers which are required by law to be record- 
 ed in said city. He shall also have the cus- 
 tody of all other papers connected with the 
 proceedings on the law or equity side of Bal- 
 timore county court, and of the dockets there- 
 of, so far as the same have relation to Balti- 
 more city. 
 
 Sec. 16. That the Clerk of the Court of powers and Dn- 
 Appeals, and the Clerks of the Circuit Courts "^ court" of V 
 
 * A ■' peal^ and Circuit 
 
 in the several counties, shall respectively per- uveTyf ""'""'" 
 form all the duties and be entitled to the fees 
 which appertain to the offices of the Clerks of 
 Court of Appeals for the Eastern and Western 
 Shores and of the Clerks of County Courts, 
 and the Clerks of the Court of Common Pleas, 
 the Superior Court and the Criminal Court 
 for Baltimore city, shall perform all the duties 
 appertaining to their respective, offices, and 
 heretofore vested in the Clerks of Baltimore 
 County Court and Baltimore City Court re- 
 spectively, and be entitled to all the fees now 
 allowed by law, and all laws relating to the 
 Clerks of Court of Appeal, Clerks of the sev- 
 eral County Courts and Baltimore City Court, 
 7 
 
50 CONSTITUTION OF THE 
 
 shall be applicable to the Clerks respectively 
 of the Clerk of the Court of Appeals, the Cir- 
 cuit Courts, the Court of Common Pleas, the 
 Superior Court, and the Criminal Court of 
 Baltimore City, until otherwise provided by 
 law; and the said Clerks, when duly elected 
 and quahfied according to law, shall have the 
 charge and custody of the records and other 
 papers belonging to their respective offices. 
 Judge, of or- Sec. 17. The qualified voters of the city of 
 phans. courts, g^^^j^^^^g^ ^^^ ^f thc scvcral countics of the 
 
 When and how Statc, shall, on the first Wednesday of Novem- 
 ber, eighteen hundred and fifty-one, and on the 
 same day of the same month in every fourth 
 year forever thereafter, elect three men to be 
 Judges of the Orphans' Court of said city and 
 
 Their auaiifica- couutics rcspcctivcly, who shall be citizens of 
 the State of Maryland, and citizens of the city 
 or county for which they may be severally 
 elected at the time of their election. They 
 
 Jurisdiction. shall havc all the powers now vested in the 
 Orphans' Courts of this State, subject to such 
 changes therein as the Legislature may pre- 
 
 compensation. scribc, aud cach of said Judges shall be paid 
 at a per diem rate, for the time they are in ses- 
 sion, to be fixed by the Legislature, and paid 
 by the said counties and city respectively. 
 
 Registerofwiiis. Sec. 18. There shall be a Register of Wills 
 in each couiuty of the State, and in the city of 
 
 His Election. Baltimore, to be elected by the legal and qua- 
 lified voters of said counties and city respec- 
 
 Term of Office, tivcly, wlio shall hold his office for six years 
 from the time of his election, and until a new 
 election shall take place, and be re-eligible 
 thereto, subject to be removed for wilful ne- 
 
STATE OF MARYLAND. 51 
 
 gleet of duty, or misdemeanor in office, in the 
 same manner that the clerks of the county 
 courts are removable. In the event of any 
 vacancy in the office of Register of Wills, said vacancies. 
 vacancy shall be filled by the Judges of the 
 Orphans' Court until the general election next 
 thereafter for Delegates to the General Assem- 
 bly, when a Register shall be elected to fill 
 such vacancy. 
 
 Sec. 19. The Legislature at its first session Number of jus- 
 after the adoption of this Constitution, shall an^ constables 
 
 ^ ^ to be fixed. 
 
 fix the number of Justices of the Peace and 
 Constables for each ward of the city of Balti- 
 more, and for each election district in the sev- 
 eral counties, who shall be elected by the legal Their Election 
 
 1 T,- , , ,. . , , and Term Of Of- 
 
 and qualihed voters thereoi respectively, at the "'=<=• 
 next general election for delegates thereafter, 
 and shall hold their offices for two years from 
 the time of their election, and until their suc- 
 cessors in office are elected and qualified ; and 
 the Legislature may, from time to time, in- Number may be 
 
 *^ "^ ' ^ ' increased. 
 
 crease or diminish the number of Justices of 
 the Peace and Constables to be elected in the 
 several wards and election districts, as the 
 wants and interests of the people may require. 
 They shall be, by virtue of their offices, con- 
 servators of the peace in the said counties and 
 city respectively, and shall have such duties Their Duties and 
 
 ■^ ^ "^ Compensation, 
 
 and compensation as now exist, or may be pro- 
 vided for by law. In the event of a vacancy vacancies. 
 in the office of a Justice of the Peace, the 
 Governor shall appoint a person to serve as 
 Justice of the Peace, until the next regular 
 election of said officers, and in case of a vacan- 
 cy in the office of Constable, the County Com- 
 
52 
 
 CONSTITUTION OF THE 
 
 Jury Trial. 
 
 Police of Balti- 
 more City. 
 
 missioners of the county, in which a vacancy 
 may occur, or the Mayor and City Council of 
 Baltimore, as the case may be, shall appoint a 
 person to serve as Constable until the next re- 
 gular election thereafter for said officers. An 
 
 Appeals. appeal shall he in all civil cases from the judg- 
 
 ment of a Justice of the Peace to the Circuit 
 Court, or to the Court of Common Pleas of 
 Baltimore city, as the case may be, and on all 
 such appeals, either party shall be entitled to a 
 trial by jury, according to the lavps now exist- 
 ing, or which may be hereafter enacted. And 
 the Mayor and City Council may provide, by 
 ordinance, from time to time, for the creation 
 and government of such temporary additional 
 police, as they may deem necessary to preserve 
 the public peace'. 
 
 Sec. 20. There shall be elected in each 
 county and in the city of Baltimore, every 
 second year two persons for the office of 
 sheriff for each county, and two for the said 
 city, the one of whom having the highest num- 
 ber of votes of the qualified voters of said 
 county or city, or if both have an equal num- 
 ber, either of them, at the discretion of the 
 Governor, to be commissioned by the Gover- 
 nor for the said office, and, having served for 
 
 Term of Office, two ycai'S, such pcrson shall be ineligible for 
 
 Bond. the two years next succeeding; bond with se- 
 
 curity, to be taken every year, and no sheriff 
 shall be qualified to act before the same be 
 
 Vacancies. givcu. In casc of death, refusal, disqualifica- 
 tion or removal out of the county, before the 
 expiration of the said two years, the other per- 
 son chosen as aforesaid, shall be commissioned 
 
 Sheriffs. 
 
 Their Election. 
 
STATE OP MARYLAND. 53 
 
 by the Governor to execute the said office for 
 the residue of the said two years, the said per- 
 son giving bond vi^ith security as aforesaid. No 
 person shall be eligible to the office of sheriff amuflcauons. 
 but a resident of such county or city respec- 
 tively, who shall have been a citizen of this 
 State at least five years preceding his election, 
 and above the age of twenty-one years. The 
 two candidates, properly qualified, having the 
 highest number of legal ballots, shall be de- 
 clared duly elected for the office of sheriff for 
 such county or city, and returned to the Gov- Rcwms of Eiec 
 ernor, with a certificate of the number of bal- "™'" 
 lots for each of them. 
 
 Sec. 21. Coroners, Elisors and Notaries coroners, Eiisora 
 Public shall be appointed for each county and pubuc?'™^^ 
 the city of Baltimore, in the manner now pre- 
 scribed by law, or in such other manner as the 
 General Assembly may hereafter direct. 
 
 Sec. 22. No Judge shall sit in any case Judges disquaiu 
 
 I . I , . , - , , fied from sitting 
 
 wlierem he may be mterested, or where either '" ''"'^'^ ='^<=s- 
 of the parties may be connected with him by 
 affinity or consanguinity, within such degrees 
 as may be prescribed by law, or where he shall 
 have been of counsel in the case; and when- Provisions for 
 ■ever any of the judges of the circuit courts, or for ssckS, ^c. 
 of the courts for Baltimore city, shall be thus 
 disqualified, or whenever, by reason of sick- 
 ness, or any other cause, the said judges, or 
 any of them, may be unable to sit in any cause, 
 the parties may, by consent, appoint a proper 
 person to try the said cause, or the judges, or 
 any of them, shall do so when directed by law. 
 
 Sec. 23. The present Chancellor and the provisions for 
 Hegister in Chancery, and, in the event of any coun of chai- 
 
54 CONSTITUTION OF THE 
 
 vacancy in their respective offices, their suc- 
 cessors in office respectively, w^ho are to be 
 appointed as at present, by the Governor and 
 Senate, shall continue in office, with the pow- 
 ers and compensation as at present establish- 
 ed, until the expiration of two years after the 
 adoption of this Constitution by the people, 
 and until the end of the session of the Legis- 
 lature next thereafter, after which the said of 
 fices of Chancellor and Register shall be abo- 
 lished. The Legislature shall, in the mean 
 time, provide by law for the recording, safe- 
 keeping, or other disposition, of the records, 
 decrees, and other proceedings of the Court 
 of Chancery, and for the copying and attesta- 
 tion thereof, and for the custody and use of 
 the Great Seal of the State, when required, 
 after the expiration of the said two years, and 
 for transmitting to the said counties, and to the 
 city of Baltimore, all the cases and proceedings 
 in said Court then undisposed of and unfinish- 
 ed, in such manner, and under such regulations 
 as may be deemed necessary and proper: Pro- 
 vided^ that no new business shall originate in 
 the said Court, nor shall any cause be removed 
 to the same from any other court, from and 
 after the ratification of this Constitution. 
 TimeofEiecuon Sec. 24. The first election of Judges, Clerks, 
 and"Rlgi8tera''of Rcgistcrs of WlUs, and all other officers, whose 
 
 Wills. 1 ■ 1 1 1 • 
 
 election by the people is provided for in this ar- 
 ticle of the Constitution, except justices of the 
 peace and constables, shall take place through- 
 out the State on the first Wednesday of No- 
 vember next after the ratification of this Con- 
 stitution by the people. 
 
STATE OF MARYLAND. 55 
 
 Sec. 25. In case of the death, resignation, Pro™iong m 
 
 1 t • C&SP of D69.t)l 
 
 removal, or other disqualification of a iudse of &«.; of judges of 
 
 r> 1 Jo Courta of Law. 
 
 any ot the courts of law, the Governor, by and 
 with the advice and consent of the Senate, 
 shall thereupon appoint a person, duly quali- 
 fied, to fill said office until the next general 
 election for delegates thereafter; at which 
 time an election shall be held as hereinbefore 
 prescribed, for a judge, who shall hold the said 
 office for ten years, according to the provisions 
 of this Constitution. 
 
 Sec. 26. In case of the death, resignation, ProTisiong in 
 
 ' ~ J cases of Death, 
 
 removal, or other disqualification of the judge g^pLaL^^cSf 
 of an Orphans' Court, the vacancy shall be 
 filled by the appointment of the Governor, by 
 and with the advice and consent of the Senate. 
 
 Sec. 27. Whenever lands lie partly in one jurisdiction in 
 
 , , . , _ , Chancery cases. 
 
 county, and partly in another, or partly m a 
 county and partly in the city of Baltimore, or 
 whenever persons proper to be made defend- 
 ants to proceedings in Chancery, reside some 
 in one county and some in another, that court 
 shall have jurisdiction in which proceedings 
 shall have been first commenced, subject to 
 such rules, regulations and alterations as may 
 be prescribed by law. 
 
 Sec. 28. In all suits or actions at law, issues Removal of cases 
 from the Orphans' Court or from any court county.^ ^°"""^ 
 sitting in equity, in petitions for freedom, and 
 in all presentments and indictments now pend- 
 ing, or which may be pending at the time of 
 the adoption of this Constitution by the peo- 
 ple, or which may be hereafter instituted in 
 any of the courts of law of this State, having 
 jurisdiction thereof, the judge or judges there- 
 
56 CONSTITUTION OF THE 
 
 How suggestions of, upoii suggestioii m writinff, if made by the 
 
 for removal to be ' ^ "" j. ^ i 
 
 "^de. State's Attorney, or the prosecutor tor the 
 
 State, or upon suggestion in writing, supported 
 by affidavit made by any of the parties thereto, 
 or other proper evidence, that a fair and impar- 
 tial trial cannot be had in the court where such 
 suit or action at law, issues or petitions, or pre- 
 sentment and indictment is depending, shall 
 order and direct the record of proceedings in 
 such suit or action, issues or petitions present- 
 ment or indictment, to be transmitted to the 
 
 To what County couil of auv adioining county: provided, that 
 
 removals to be , • i, • m i /• i 
 
 made. the Temoval m all civil causes be conhned to 
 
 an adjoining county within the judicial circuit, 
 except as to the city of Baltimore, where the 
 removal may be to an adjoining county, for 
 trial, which court shall hear and determine the 
 same in like manner as if such suit or action, 
 issues or petitions, presentment or indictment, 
 had been originally instituted therem; and^ro 
 
 vmen sujges- vldcd also, that such suggestion shall be made 
 
 tiona for removal ^ • t t r i • t • t • ^ 
 
 to be made. as atorcsaid, before or during the term m which 
 the issue or issues may be joined in said suit 
 or action, issues or petition, presentment or 
 indictment, and that such further remedy in 
 the premises may be provided by law, as the 
 Legislature shall from time to time direct and 
 enact. 
 
 EiecuonsandEe- Sec. 29. All elcctiou of iudges, and other 
 
 turns thprpnf- J O 7 
 
 officers provided for by this Constitution, shall 
 be certified, and the returns made by the clerks 
 of the respective counties to the Governor, who 
 shall issue commissions to the different persons 
 for the offices to which they shall have been re- 
 spectively elected; and in all such elections, 
 
 turns thereof. 
 
STATE OF MARYLAND. 57 
 
 the person having the greatest number of votes, 
 shall be declared to be elected. 
 
 Sec. 30. If, in any case of election for Judges, cases ofa tie ana 
 Clerks of the Courts of Law and Registers of ^°"=-' "^ 
 Wills, the opposing candidates shall have an 
 equal number of votes, it shall be the duty of 
 the Governor to order a new election ; and in 
 case of any contested election, the Governor 
 shall send the returns to the House of Dele- 
 gates, who shall judge of the election and qua- 
 hfication of the candidates at such election. 
 
 Sec. 31. Every person of good moral cha- voters may piead 
 racter, being a voter, shall be admitted to prac- '^"' °"^'' '"^''' 
 tice law in all the courts of law in this State, 
 in his own case. 
 
 ARTICLE V. 
 
 the state's attorneys. 
 
 Section 1. There shall be an attorney for Election and 
 
 I—- . - ii"f»-r»i Term of Ofliee of 
 
 the otate m each county and the city oi Jtsal- «ie states At 
 
 ^ ^ torneys. 
 
 timore, to be styled "The State's Attorney," 
 who shall be elected by the voters thereof, re- 
 spectively, on the first Wednesday of Novem- 
 ber next, and on the same day every fourth 
 year thereafter, and hold his office for four 
 years from the first Monday of January next 
 ensuing his election, and until his successor 
 shall be elected and qualified, and shall be re- 
 eligible thereto, and be subject to removal 
 therefrom for incompetency, wilful neglect of 
 duty or misdemeanor in office, on conviction 
 in a court of law. 
 8 
 
58 
 
 CONSTITUTION OF THE 
 
 Returns of Elec- 
 tions to be made 
 to Judges. 
 
 Their Duties and 
 their Fees. 
 
 Their Qaalifica 
 
 tions. 
 
 Vacancies, 
 
 Sec. 2. All elections for the State's Attor- 
 ney shall be certified to, and returns made 
 thereof, by the clerks of the said counties and 
 city to the Judges thereof having criminal ju- 
 risdiction, respectively, M^hose duty it shall be 
 to decide upon the elections and qualifications 
 of the persons returned, and in case of a tie be- 
 tween tw^o or more persons, to designate which 
 of said persons shall qualify as State's Attor- 
 ney, and to administer the oaths of office to 
 the persons elected. 
 
 Sec. 3. The State's Attorney shall perform 
 such duties and receive such fees and commis- 
 sions as are now prescribed by law for the 
 Attorney General and his Deputies, and such 
 other duties, fees and commissions as may 
 hereafter be prescribed by law, and if any 
 State's Attorney shall receive any other fee 
 or reward than such as is, or may be allowed 
 by law, he shall, on conviction thereof, be re- 
 moved from office. 
 
 Sec. 4. No person shall be eligible to the 
 office of State's Attorney who has not been 
 admitted to practice the law in this State, and 
 who has not resided for at least one year in 
 the county or city in which he may be elected. 
 
 Sec. 5. In case of vacancy in the office of 
 State's Attorney, or of his removal from the 
 county or city in which he shall have been 
 elected, or on his conviction as herein before 
 specified, the said vacancy shall be filled by 
 the Judge of the county or city, respectively, 
 having criminal jurisdiction in which said va- 
 cancy shall occur, until the election and quali- 
 fication of his successor: at which election 
 
STATE OP MARYLAND. 59 
 
 said vacancy shall be filled by the voters of 
 the said county or city, for the residue of the 
 term thus made vacant. 
 
 Sec. 6. It shall be the duty of the clerk of state cases m 
 the Court of Appeals, and the Commissioner ana Lan/omce! 
 of the Land Office, respectively, whenever a 
 case shall be brought into said court or office, 
 in which the State is a party, or has an interest, 
 immediately to notify the Governor thereof 
 
 ARTICLE VI. 
 
 TREASURY DEPARTMENT. 
 
 Section 1. There shall be a Treasury De- comptroller of 
 
 '^ the Treasury. 
 
 partment, consistmg of a Comptroller, chosen his Election and 
 by the qualified electors of the State, at each ^^'^^ 
 election of members of the House of Dele- 
 gates, who shall receive an annual salary of 
 two thousand five hundred dollars ; and of a Treasurer. 
 Treasurer, to be appointed by the two Houses his Appointment 
 
 „ , ^ . '■^ •' and Salary. 
 
 of the Legislature, at each session thereof, on 
 joint ballot, who shall also receive an annual 
 salary of two thousand five hundred dollars ; 
 and neither of the said officers shall be allow- 
 ed or receive any fees, commissions, or perqui- 
 sites of any kind, in addition to his salary, for 
 the performance of any duty or service what- 
 ever. In case of a vacancy in either of the vacancies. 
 offices, by death or otherwise, the Governor, 
 by and with the advice and consent of the Se- 
 nate, shall fill such vacancy by appointment, to 
 continue until another election by the people, 
 or a choice by the Legislature, as the case may 
 
60 CONSTITUTION OF THE 
 
 be, and the qualification of the successor. The 
 
 Comptroller and the Treasurer shall keep their 
 
 Place of their Of- offices at thc Seat of government, and shall 
 
 Thetr Oaths and takc such oath, aud enter into such bonds, for 
 
 ^'""^^' the faithful discharge of their duties, as the 
 
 Legislature shall prescribe. 
 The Duties of the Sec. 2. The Comptroller shall have the gen- 
 the Treasury, eral Superintendence of the fiscal affairs of the 
 To prepare plans State: he shall digest and prepare plans for 
 
 for Management . i . .1 j. ^ j_l 
 
 of the Revenue, the improvcmeut and management ot the reve- 
 nue, and for the support of the public credit ; 
 To report esti- prepare and report estimates of the revenue 
 
 Tna.t69 J. J. 1 
 
 To superintend and cxpeuditurc of the State; superintend and 
 
 enforce the collection of all taxes and reve- 
 
 To adjust acc'ts. uuc ; adjust, settle and preserve all pubhc ac- 
 
 To decide on the counts ; dccide on the forms of keeping and 
 
 forms of accounts . -. i . 
 
 stating accounts ; grant, under regulations pre- 
 To grant war- scribcd bj law, all warrants for moneys to be 
 
 rants for moneys. • i ^ p ^i j • r- 
 
 paid out ot the treasury, in pursuance of ap- 
 
 To regulate the propriatlous by law ! prescribe the formalities 
 
 transfer of stock. „ , „ 
 
 01 the transfer of stock or other evidences of 
 the State debt; and countersign the same, with- 
 out which such evidences shall not be vahd ; he 
 To report all his shall make full reports of all his proceedings, 
 
 proceedings to__ ■*■ ■*■ c3? 
 
 the Legislature, aud of thc statc of thc Treasury Department 
 within ten days after the commencement of 
 each session of the Legislature, and perform 
 such other duties as shall be prescribed by law. 
 
 The Duties of the Sec. 3. Thc Trcasurcr shall receive and keep 
 
 Treasurer. _ r 
 
 Jisbu7s'eto„;Ts'! *"<^ moneys of the State, and disburse the same 
 upon warrants drawn by the Comptroller, and 
 Jnttecomp'tro?- "^^ otherwisB ; he shall take receipts for all 
 ie"'swar°rZs" moneys paid by him, and all receipts for mo- 
 neys received by him shall be endorsed upon 
 warrants signed by the Comptroller, without 
 
STATE OF MARYLAND. 61 
 
 which warrant, so signed, no acknowledgment 
 of money received into the Treasury shall be 
 valid ; and upon warrants issued by the Comp- to provide for 
 troUer he shall make arrangements for the pay- ^^D!bt.° 
 ment of the interest of the public debt, and for 
 the purchase thereof, on account of the sink- 
 ing fund. Every bond, certificate, or other evi- provision m re- 
 dence of the debt of the State, shall be signed ^1'!?°'^' 
 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 dehvered to 
 the Treasurer, and authority executed in due 
 form for the transfer of the same shall be filed 
 in his ofiice, and the transfer accordingly made 
 on the books thereof, and the certificate or 
 other evidence cancelled ; but the Legislature 
 may make provision for the loss of certificates 
 or other evidence of the debt. 
 
 Sec. 4. The Treasurer shall render his ac- Treasurer to ren- 
 counts quarterly to the Comptroller; and on ?he comTtrV? 
 the third day of each session of the Legisla- p°" f Legisia- 
 
 ^ o ture. 
 
 ture he shall submit to the Senate and House 
 of Delegates fair and accurate copies of all 
 accounts by him from time to time rendered 
 and settled with the Comptroller. He shall 
 at all times submit to the Comptroller, the in- 
 spection of the moneys in his hands, and per- 
 form all other duties that shall be prescribed 
 by law. 
 
62 
 
 CONSTITUTION OF THE 
 
 ARTICLE VII. 
 
 Commiasioners 
 of Public Works. 
 
 Their Duties. 
 
 To appoint Di- 
 rectors. 
 
 To review and 
 adjust Tolls. 
 
 To keep a Jour- 
 nal. 
 
 To report to Le- 
 gislature. 
 
 Their Salary. 
 
 SUNDRY OFFICERS. 
 
 Section 1. At the first general election of 
 Delegates to the General Assembly, after the 
 adoption of this Constitution, four Commission- 
 ers shall be elected as hereinafter provided, 
 who shall be styled " Commissioners of Public 
 Works," and who shall exercise a dihgent and 
 faithful supervision of all Pubhc Works, in 
 which the State may be interested as stock- 
 holder or creditor, and shall represent the State 
 in all meetings of the Stockholders, and shall 
 appoint the Directors in every Rail Road or 
 Canal Company, in which the State has the 
 constitutional power to appoint Directors. It 
 shall also be the duty of the Commissioners of 
 Public Works to review, from time to time, 
 the rate of tolls adopted by any company; use 
 all legal powers which they may possess to ob- 
 tain the establishment of rates of tolls, which 
 may prevent an injurious competition with each 
 other, to the detriment of the interests of the 
 State; and so to adjust them as to promote 
 the agriculture of the State. It shall also be 
 the duty of the said Commissioners of Public 
 Works to keep a journal of their proceedings; 
 and at each regular session of the Legislature 
 to make to it a report, and to recommend such 
 legislation as they shall deem necessary and 
 requisite to promote or protect the interest of 
 the State in the Pubhc Works ; and perform 
 such other duties as may be prescribed by law. 
 They shall each receive such salary as may be 
 
into 
 four Districts. 
 
 STATE OF MARYLAND. 63 
 
 allowed by law, which shall not be increased or 
 diminished during their continuance in office. 
 
 Sec. 2. For the election of the Commission- state divided i 
 ers of Public Works, the State shall be divid- 
 ed into four districts. The counties of Allega- 
 ny, Washington, Frederick, Carroll, Baltimore 
 and Harford, shall constitute the first district. 
 The counties of Montgomery, Howard, Anne 
 Arundel, Calvert, St. Mary's, Charles and 
 Prince George's, shall constitute the second 
 district. Baltimore city shall constitute the 
 third district. The counties of Cecil, Kent, 
 Queen Anne's, Talbot, Caroline, Dorchester, 
 Somerset, and Worcester, shall constitute the 
 fourth district. One commissioner shall be one commis. 
 elected in each district, who shall have been a worira to le 
 
 elected in each. 
 
 resident thereof at least five years next pre- uo*^^^"^'"'"'^ 
 ceding his election. 
 
 Sec. 3. The said Commissioners shall be Tiie Eetarns of 
 elected by the qualified voters of their districts of°pu";fc wotL 
 respectively ; the returns of their election shall 
 be certified to the Governor, who shall, by pro- 
 clamation, declare the result of the election. 
 Two of the said commissioners, first elected, 
 shall hold their office for four years, and the Tenne of office. 
 other two for two years from the first Monday 
 of December next succeeding their election. 
 And at the first meeting after their election, or 
 as soon thereafter as practicable, they shall 
 determine, by lot, who of their number shall 
 hold their offices for four and two years respec- 
 tively; and thereafter there shall be elected as 
 aforesaid, at each general election of Delegates, 
 two commissioners for the term of four years, 
 to be taken from the districts respectively 
 
64 CONSTITUTION OF THE 
 
 wherein the commissioners resided at the time 
 of their election, whose term of service has 
 
 Vacancies. cxpircd. And in case of a vacancy in the of- 
 fice of either of said commissioners, by death, 
 resignation, or otherwise, the Governor, by and 
 with the advice and consent of the Senate, 
 shall appoint some qualified person from the 
 same district, to serve until the next general 
 election of Delegates, when an election shall 
 be held, as aforesaid, for a commissioner for 
 the residue of said term. And in case of an 
 
 Sra of opMon!' equal division in the board of commissioners, 
 on any subject committed to their charge, the 
 Treasurer of the State shall have power, and 
 shall be called on to decide the same. And in 
 
 Cases ofa Tie or the evcnt of a tic votc for any two of the can- 
 
 01 Contested '^ 
 
 Elections. didates for the ofiice of commissioner in the 
 same district, it shall be the duty of the Gov- 
 ernor to commission one or the other of the 
 candidates having the equal number of votes. 
 And if the Governor doubt the legality or re- 
 sult of any election held for said commission- 
 ers, it shall be his duty to send the returns of 
 such election to the House of Delegates, who 
 shall judge of the election and qualification of 
 the candidates at such election. 
 Lottery commis. Sec. 4. Duriug the coutinuancc of the lotte- 
 HisEi'ecuon. Tj systcm in this State, there shall be elected 
 by the legal and qualified voters of the State, 
 at every general election for delegates to the 
 General Assembly, one Commissioner of Lot- 
 Term of office, teries, who shall hold his ofiice for two years, 
 and till the quahfication of his successor, and 
 Hiscompensa- shall bc rc-eligible. His whole compensation 
 shall be paid out of the fund raised for the Ma- 
 
 tion 
 
STATE OF MARYLAND. 65 
 
 ryland Consolidated Lottery grants, and shall 
 not exceed the amount of commissions receiv 
 ed by one of the present Lottery Commission- 
 ers, out of said fund; and he shall give such 
 bond, for the faithful performance of his duties his Bond 
 as is now given by the Lottery Commissioners. 
 The term of the Commissioner, vs^ho shall be 
 elected at the general election for Delegates 
 next succeeding the adoption of this Constitu- 
 tion, shall commence at the expiration of the 
 commissions of the present Lottery Commis- 
 sioners, and continue for two years, and till the 
 qualification of his successor. 
 
 Sec. 5. From and after the first day of April, Provisions for 
 ieighteen hundred and fifty-nine, no lottery teries. 
 scheme shall be drawn, for any purpose what- 
 ever, nor shall any lottery ticket be sold in this 
 State; and it shall be the duty of the several 
 commissioners elected under this Constitution, 
 to make such contract or contracts as will ex- 
 tinguish all existing lottery grants before the 
 said first day of April, eighteen hundred and 
 fifty-nine, and also secure to the State a clear 
 yearly revenue equal to the average amount 
 derived by the State from the system for the 
 last five years ; but no such contract or con- 
 tracts shall be valid until approved by the 
 Treasurer and Comptroller. 
 
 Sec. 6. There shall be a Commissioner of commissioner of 
 
 tlie Land Office. 
 
 the Land Office elected by the qualified voters ?;',^'„7i"^,e'"'' 
 of the State, at the first general election of 
 Delegates to the Assembly after the ratifica- 
 tion of this Constitution, who shall hold his 
 office for the term of six years from the first 
 day of January next after his election. The 
 9 
 
66 CONSTITUTION OF THE 
 
 Returns of Eieo- retums of Said election shall be made to the 
 Cases of a tie. Govemor, and in the event of a tie between 
 any two or more candidates, the Governor 
 shall direct a new election to be held by writs 
 to the several sheriffs, who shall hold said elec- 
 tion after at least twenty days notice, exclusive 
 Duties and Com- of thc day of clection. The said Commissioner 
 comSoner. shall sit as judgo of the Land Office, and re- 
 ceive therefor the sum of two hundred dollars 
 per annum, to be paid out of the State Trea- 
 To act aa Judge, sury. Hc shall also perform the duties of the 
 as Exlmine'r Ge- Register of tlic Land Office, and be entitled 
 to receive therefor the fees now chargeable m 
 said office; and he shall also perform the du- 
 ties of Examiner General, and be entitled to 
 receive therefor the fees now chargeable by 
 Offices of Regis- sald ofliccr. The office of Register of the 
 General abolish- Land Officc and Examiner General shall be 
 
 ei. 
 
 abolished from and after the election and qua- 
 lification of the Commissioner of the Land 
 Office. 
 
 state Librarian. Sec. 7. Tho Statc Librarian shall be elected 
 
 Term oT Office" by the jolut votc of the two branches of the 
 Legislature, for two years, and until his succes- 
 
 saiary. sor shall bc elected and quahfied. His salary 
 
 shall be one thousand dollars per annum. He 
 
 His Duties. shall perform such duties as are now or may 
 hereafter be prescribed by law. 
 
 County commis- Sec. 8. Tho couuty authoritlcs now known 
 as Levy Courts or County Commissioners, 
 
 How and when shall hereafter be styled " County Commis- 
 sioners," and shall be elected by general ticket, 
 and not by districts, by the voters of the seve- 
 ral counties, on the first Wednesday in No- 
 vember, one thousand eight hundred and fifty- 
 
 to be elected. 
 
STATE OF MARYLAND. 67 
 
 one, and on the same day in every second year 
 thereafter. Said Commissioners shall exercise 
 such powers and duties only as the Legislature 
 may from time to time prescribe; but such Their powers 
 powers and duties, and the tenure of office, miformthrough- 
 shall be uniform throughout the State, and the 
 Legislature shall, at or before its second regu- 
 lar session, after the adoption of this Constitu- 
 tion, pass such laws as may be necessary for 
 determining the number for each county, and Their Number 
 
 . . 11/^- 1 1 . f^""^ Powers and 
 
 ascertammg and detimng the powers, duties, Term of office to 
 
 ~ or: : be fixed by the 
 
 and tenure of office of said Commissioners ; i"5g'^'"ure. 
 and until the passage of such laws the Com- 
 missioners elected under this Constitution shall 
 have and exercise all the powers and duties in 
 their respective counties, now exercised by the 
 county authorities under the laws of the State. 
 
 Sec. 9. The General Assembly shall provide supervisors of 
 by law for the election of Road Supervisors, officers?" 
 in the several counties, by the voters of the 
 election districts respectively, and may provide Provision for 
 by law for the election or appointment of such ^",to bemJi 
 
 •^ ^ *■ by Legislature. 
 
 other county officers as may be required, and 
 are not herein provided for, and prescribe their 
 powers and duties; but the tenure of office, 
 their powers and duties, and mode of appoint- 
 ment, shall be uniform throughout the State. 
 
 Sec. 10. The qualified voters of each coun- surveyors, 
 ty, and the city of Baltimore, shall, at the first and Term of o™ 
 election of delegates after the adoption of this 
 Constitution, and every two years thereafter, 
 elect a Surveyor for the counties, and the city 
 of Baltimore respectively, whose duties and Their Duties ana 
 
 1 n 1 ,1 Compensation. 
 
 compensation shall be the same as are now 
 prescribed by law for the county and city Sur- 
 
68 CONSTITUTION OF THE 
 
 veyors respectively, or as may hereafter be 
 Commencement prescribed by kw. The term of office of said 
 officT ^'™ "^ county and city Surveyors respectively, shall 
 commence on the first Monday of January 
 Vacancies. ncxt succccding their election. And vacancies 
 in said office of Surveyors, by death, resigna- 
 tion, or removal from their respective counties 
 or city, shall be filled by the Commissioners of 
 the counties, or Mayor and City Council of 
 Baltimore respectively. 
 Wreck-Master. Sec. 11. Thc Quafified votcrs of Worcester 
 
 His Election and in ir. i ■ ^ii 
 
 Term of Office, county sfiall, at the first election oi delegates 
 after the adoption of this Constitution, and 
 every two years thereafter, elect a Wreck- 
 
 His Duties and Mastcr for the said county, whose duties and 
 
 Compensation. . i n i i 
 
 compensation shall be the same as are now 
 
 prescribed or may be hereafter prescribed by 
 
 Commencement law. Thc term of officc of Said Wrcck-Mas- 
 
 oiiice! "^ ° ter shall commence on the first Monday of 
 
 January next succeeding his election; and a 
 
 Vacancies. vacancy In said office, by death, resignation, 
 
 or removal from the county, shall be filled by 
 
 the county commissioners of said county, for 
 
 the residue of the term thus made vacant. 
 
 ARTICLE VIII 
 
 NEW COUNTIES. 
 
 Howard County Section 1. That part of Anne Arundel couU" 
 ty called Howard District, is hereby erected 
 into a new county, to be called Howard county, 
 the inhabitants whereof shall have, Itold and 
 enjoy all such rights and privileges as are held 
 
STATE OF MARYLAND. 69 
 
 and enjoyed by the inhabitants of the other 
 counties in this State •, and its civil and muni- 
 cipal officers, at the time of the ratification of 
 this Constitution, shall continue in office until 
 their successors shall have been elected or 
 appointed, and shall have qualified as such; 
 and all rights, powers and obligations incident 
 to Howard District of Anne Arundel county 
 shall attach to Howard county. 
 
 Sec. 2. When that part of Allegany county. Provisions for 
 
 , *■ o** J J creating a new 
 
 lymg south and west of a hne begmning at the bounty ^«i^^°( 
 summit of Big Back Bone or Savage Moun- *^<"""5',- 
 tain, where that mountain is crossed by Mason 
 and Dixon's line, and running thence by a 
 straight line, to the middle of Savage river 
 where it empties into the Potomac river, thence 
 by a straight line, to the nearest point or boun- 
 dary of the State of Virginia; then with said 
 boundary to the Fairfax stone, shall contain a 
 population of ten thousand, and the majority 
 of electors thereof shall desire to separate and 
 form a new county, and make known their de- 
 sire by petition to the Legislature, the Legis- 
 lature shall direct at the next succeeding elec- 
 tion, that the Judges shall open a book at each 
 Election district in said part of Allegany coun- 
 ty, and have recorded therein the vote of each 
 elector "For or Against" a new county. In 
 case the majority are in favor, then said part 
 of Allegany county to be declared an inde- 
 pendent county, and the inhabitants whereof 
 shall have, and enjoy all such rights and privi- 
 leges as are held and enjoyed by the inhabit- 
 ants of the other counties in this State. Pro- 
 vided, that the whole representation in the Ge- 
 
70 
 
 CONSTITUTION OF THE 
 
 neral Assembly of the county, when divided, 
 shall not exceed the present delegation of Al- 
 legany county, allowed under this Constitution 
 until after the next census. 
 
 ARTICLE IX. 
 
 MILITIA. 
 
 Enrolment of 
 Militia. 
 
 Districting the 
 State. 
 
 Encouraging Vo- 
 lunteers. 
 
 Election of Offi- 
 cers. 
 
 The Arljutant 
 General. 
 
 His Term of Of- 
 'fice and Salary, 
 
 Section 1. It shall be the duty of the Legis- 
 lature to pass laws for the enrolment of the 
 militia; to provide for districting the State into 
 divisions, brigades, battalions, regiments, and 
 companies, and to pass laws for the effectual 
 encouragement of volunteer corps by some 
 mode which may induce the formation and 
 continuance of at least one volunteer company 
 in every county and division in the city of Bal- 
 timore. The company, battalion, and regimen- 
 tal officers (staff officers excepted) shall be 
 elected by the persons composing their seve- 
 ral companies, battalions and regiments. 
 
 Sec. 2. The Adjutant General shall be ap- 
 pointed by the Governor, by and with the ad- 
 vice and consent of the Senate. He shall 
 hold his office for the term of six years, and 
 receive the same salary as heretofore, until 
 changed by the Legislature. 
 
STATE OP MARYLAND. 71 
 
 ARTICLE X. 
 
 MISCELLANEOUS. 
 
 Section 1. Every officer of this State, the compensation of 
 
 ^ J 1 1 , • n 1 OiBcers not to 
 
 Governor excepted, the entire amount oi whose ej«:eed $3,000. 
 pay or compensation received for the discharge 
 of his official duties shall exceed the yearly 
 sum of three thousand dollars, shall keep a 
 book, in w^hich shall be entered every sum or 
 sums of money received by him or on his ac- 
 count as a payment or compensation for his 
 performance of official duties, a copy of which 
 entries in said book, verified by the oath of the 
 officer by whom it is directed to be kept, shall 
 be returned yearly to the Treasurer of the 
 State for his inspection and that of the Gene- 
 ral Assembly of Maryland ; and each of such The excess of 
 
 •' . . fees, &c., to be 
 
 officers, when the amount received by him for pf'i "> i''«a- 
 the year shall exceed the sum of three thou- 
 sand dollars, shall yearly pay over to the trea- 
 surer the amount of such excess by him re- 
 ceived, subject to such disposition thereof as 
 the Legislature may deem just and equitable. 
 And any such officer faihng to comply with on faaure, their 
 
 ./ 01./ Offices vacated. 
 
 the said requisition, shall be deemed to have 
 vacated his office, and be subject to suit by the 
 State for the amount that ought to have been 
 paid into the treasury. 
 Sec. 2. The Legislature shall have power Legislature to 
 
 ~ * pass laws to car- 
 
 to pass all such laws as may be necessary and ^fo™Vf''Sif£'Ji: 
 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. 
 
73 CONSTITUTION OF THE 
 
 In case ofa tie in Sec. 3. If in anv election directed by this 
 
 Election, a new J ^ 
 
 dered.'" '^ °'' Constitution any two or more candidates shall 
 have the highest and an equal number of votes, 
 a new election shall be ordered, unless in cases 
 specially provided for by the Constitution, 
 
 Trial by Jury pre- Sec. 4. Thc trial by jury of all issues of fact 
 
 served m cases 'J ^ *J 
 
 over $500. j,^ ^.jyjj procecdiugs, in the several courts of 
 law in this State, where the amount in contro- 
 versy exceeds the sum of five dollars, shall be 
 inviolably preserved. 
 
 Jury to be Judges Sec. 5. lu thc trial of all criminal cases the 
 
 of Law and Fact . iiiii'i n i ii /» 
 
 in Criminal jury shall bc the judges oi law as well as fact. 
 Legislature to re- Sec. 6. Thc Lcgislaturc shall have power 
 
 gulate Elections, ^ ^ 
 
 to regulate by law all matters which relate to 
 the judges, time, place and manner of holding 
 elections in this State, and of making returns 
 thereof, provided that the tenure and term of 
 office, and the day of election shall not be 
 affected thereby. 
 Vested Rights, Sec. 7. All rights vcsted, and all liabilities 
 
 &c., to remain. , i i ii 
 
 incurred shall remam as if this Constitution 
 had not been adopted. 
 Governor and Sec. 8. The GovemoT and all officers, civil 
 
 other officers to " 
 
 continue in Of- and military, now holding commissions under 
 this State, shall continue to hold and exercise 
 their offices, according to their present tenure, 
 until they shall be superseded, pursuant to the 
 provisions of this Constitution, and until their 
 successors be duly qualified. 
 
 Sheriffs to give Sec. 9. The sherifTs of the several counties 
 
 notice of the r i • a t n 
 
 Elections. of this State, and of the city of Baltimore, 
 shall give notice of the several elections autho- 
 rized by this Constitution, in the manner pre- 
 scribed by existing laws for elections under 
 the present Constitution. 
 
STATE OP MARYLAND. 73 
 
 Sec. 10. This Constitution, if adopted by a This constita- 
 
 ' r J tion to go into ef- 
 
 majority of the legal votes cast on the first ft" o" 4th juiy. 
 Wednesday of June next, shall go into opera- 
 tion on the fourth day of July next, and on 
 and after said day shall supersede the present 
 Constitution of this State. 
 
 ARTICLE XI. 
 
 AMENDMENT OF THE CONSTITUTION. 
 
 It shall be the duty of the Legislature, at The sense of the 
 
 •' o 7 People to be tak- 
 
 its first session immediately succeeding the re- f";/^'^ w^'cai" 
 turns of every census of the United States, {"raSra" 
 hereafter taken, to pass a law for ascertaining, ^''""""*'°°- 
 at the next general election of Delegates, the 
 sense of the people of Maryland in regard to 
 the calling a Convention for altering the Con- 
 stitution; and in case the majority of votes 
 cast at said election shall be in favor of calling 
 a Convention, the Legislature shall provide for 
 assembling such Convention, and electing De- 
 legates thereto at the earliest convenient day; 
 and the Delegates to the said Convention shall The Proporuon 
 
 - -,,. 1 . i»ld °^ Delegates to 
 
 be elected by the several counties ot the otate such convention. 
 and the city of Baltimore, in proportion to their 
 representation respectively in the Senate and 
 House of Delegates, at the time when said 
 Convention may be called. 
 
 10 
 
72 CONSTITUTION OF MARYLAND. 
 
 Done in Convention the 13th day of May^ in the 
 year of our Lord one thousand eight hundred and 
 fifty-one, and of the Independence of the United 
 States the seventy-ffth. 
 
 J. G. CHAPMAN, 
 
 President of the Convention. , 
 
 Attest — George G. Brewer, 
 
 Secretary to Convention. 
 
 STATE OF MARYLAND, 
 
 COUE.T OP APPEALS, W. S. 
 
 I, Richarp W. Gill, Clerli of the Court of 
 Appeals aforesaid., do hereby certify that this Con- 
 stitution was this sixteenth day of May., in the 
 year of our Lord., eighteen hundred and fifty-one., 
 filed in this Office. — Witness my hand as Clerk. 
 
 R. W. GILL, Clerk. 
 
APPENDIX. 
 
 Having, at the request of the publishers, prepared the marginal notes 
 to this Edition of the New Constitution, it seemed to me that it would 
 be useful to add, by way of Appendix, brief notes of the principal 
 changes which have been made in the fundamental law of the State, 
 with their apparent or supposed causes, and of the subjects that require 
 particular attention on the part of the Legislature, and of o£B.cers m 
 other departments of the Government. 
 
 It is said, by the learned and elegant Commentator on the Laws of 
 England, that there are three points to be considered in the construction 
 of statutes, viz. the old law, the mischief and the remedy. The framers 
 of the New Constitution had before them the Old Law, and had also, it 
 is to be presumed, some idea of the mischiefs, which were intended to 
 be prevented, by the remedies which have been provided. It may be 
 useful therefore to note both the changes and their causes; for no change 
 is ever made without a cause, and without a due consideration of both, 
 no man can clearly understand or properly perform his duty. 
 
 THE DECLARATION OF RIGHTS. 
 
 This Declaration, consisting principally of Immutable principles of 
 government, has been but slightly altered. 
 
 The addition to the first Article of it is the only change of sufficient 
 importance to notice. It relates to the "unalienable right to alter the 
 form of government," and contains a restriction of this right to "the 
 mode prescribed in the Constitution." The importance of this alteration 
 may be seen by reflection upon the fact that the Old Constitution was 
 altered, at the time of the formation of this New one, in a mode diflTerent 
 from that which was prescribed in the former, and that the right of 
 alteration in the new mode was, at that time, the subject of much 
 discussion. 
 
76 APPENDIX. 
 
 THE CONSTITUTION. 
 
 Art. I. — Elective Fkanchise. 
 
 The Elective Franchise, which is the subject of the first Jlrtich of the 
 New Constitution, has been a little enlarged, by the provision in relation 
 to removals ; and it is moreover better protected than heretofore, by the 
 provisions against fraud. The oath, which is now required of all offi- 
 cers, before entering upon their duties, that they have not been in any way 
 guilty of bribery at elections, and the perpetual disfranchisement of those 
 who have at any time violated the laws regulating the elective franchise, 
 are important and salutary changes. The whole foundation of a Repub- 
 lican Government is the will of the people fairly expressed, and all 
 attempts to influence that will, by any other means than rational argu- 
 ment, tend to the destruction of that form of government, and hence of 
 Liberty. 
 
 Art. II. — Executive Department. 
 
 By ihe first section, of this Article the Term of Office of the Governor 
 is enlarged from three to four years. By this change, the expiration of 
 it is made to coincide with that of every second term of the Delegates, 
 they being elected biennially, in which respect there is a similarity be- 
 tween the Constitution of this Slate and that of the United States. 
 
 By the fowlh section it is provided, that when two or more persons 
 have the highest and an equal number of votes for Governor, the second 
 vote shall be confined to those persons, and if the votes be again equal, 
 the election is to be determined by lot. The great use of such a provi- 
 sion, in some cases, will readily be perceived, by those who have studied 
 the history of the elections of Speakers, Presidents and other officers, 
 both in the National and State Legislatures. It would have been well if 
 this principle had been extended to other officers than the Governor. It 
 can be demonstrated, with almost mathematical certainty, that the only 
 plan which is both just and certain in its operation, for the election of a 
 person to any office, where there are several candidates, is continually 
 to drop the lowest one, after the first ballot, and if at last there be a tie, 
 to decide by lot. 
 
 The ninth section prohibits the Governor from taking the command m 
 person of the forces of the State, without the consent of the Legislature. 
 It is to be hoped that there may never be occasion for his asking or their 
 giving such consent. 
 
APPENDIX. 77 
 
 The seventeenth section imposes upon the Governor the new duty of 
 examining the books of the Treasurer, which is designed to be an addi- 
 tional check upon that Department of Government. 
 
 The nineteenth section imposes restrictions upon the pardoning power, 
 which are well calculated to restrain the exercise of it within proper 
 bounds. 
 
 Besides these changes, affecting the Governor's prerogative, there is 
 another, which is the most important of them all. He has been stripped 
 of the power of judging of the suitability of candidates for all the prin- 
 cipal offices in the State, and of appointing them, by and with the advice 
 and consent of the Senate, and is now clothed with such powers only as 
 properly appertain to the chief Executive authority in a State. It is to 
 be presumed that several causes operated together to produce this change, 
 viz. with some persons, a conviction that the Legislative, Executive and 
 Judicial powers of the government were not separate and distinct from 
 each other, under the old mode of appointing Judges, &c. — although the 
 Declaration of Rights expressly declares that they ought to be; — with 
 others, an opinion that the People at large can judge of the qualifications 
 of candidates for all oflSces as well as the Governor can; and with a 
 third class of persons, a disposition to restrain the appointing power of 
 the Governor, or the Executive patronage, as it is called, in order to 
 prevent what was thought to be its injurious influence upon popular 
 elections, and its growing tendency to abuse. 
 
 Art. III. — Legislative Department. 
 
 The changes which have been made in this Article are numerous and 
 important. 
 
 By the second section of it the term of office of Senators is reduced 
 from six to four years, and by a subsequent section it is provided, that 
 one half of them, instead of one third as formerly, shall be elected bien- 
 nially. The Old Constitution, in this respect, was like that of the 
 United States, but it was contended, by those who advocated this change, 
 that the term was so long as in a measure to take away the responsibi- 
 lity of Senators to the People for their conduct. 
 
 The third section apportions representation in the House of Delegates 
 according to population. This principle of representation, now for the 
 first time adopted in this State, although it is a fundamental one in all 
 Republican governments, is restricted in regard to Baltimore City, for 
 fear that her power might become so great as to lead to the passing of 
 
78 APPENDIX. 
 
 laws, either for her own particular benefit, or for ttie oppression of the 
 Counties. 
 
 By the seventh section, the regular sessions of the Legislature are a 
 little shortened, by changing the time of meeting. The first two Sessions 
 after the adoption of this Constitution are excepted. It will be observed 
 that, by subsequent provisions, the Legislature will be prevented from 
 occupying its time by the enactment of many local and private laws. 
 
 The fourteenth and fifteenth sections will give greater publicity to the 
 proceedings of the Legislature. 
 
 The seventeenth section embraces some of the most useful provisions 
 that are to be found in the whole Constitution. It relates to the manner 
 of passing laws, to their revision and Codification, to the manner of 
 amending the Code after it is adopted, and to the simplification and 
 abridgment of the rules of Practice, Pleading, Conveyancing, &c. This 
 State has long been suffering for want of a proper Codification of its 
 laws. Several attempts indeed have been made, both with and without 
 the aid of the Legislature, but all of them have proved to be failures ; 
 and a great and lasting benefit will be conferred upon the people, il' the 
 Commissioners for revision faithfully fulfil the duties assigned to them. 
 While several of our sister States have, for many years past, enjoyed 
 the advantage of a well arranged system of laws, framed to suit their 
 advanced state of civilization and liberty, we yet live under some that 
 were framed more than a century ago, many of which have been abol- 
 ished in England where they originated. The able Report of Mr. Kilty, 
 made under the direction of the Legislature, shewing which of the 
 British statutes are in force in Maryland, and which are proper to be 
 incorporated into our Laws, will require the attention of the Commis- 
 sioners for revision. 
 
 The eighteenth section takes away the restriction upon the Senate from 
 originating money bills, upon the ground perhaps that, as the reason for 
 such a restriction had ceased, the law itself should cease. The remain- 
 ing part of this section and the nineteenth section contain new provisions 
 to prevent laws being passed in too great haste, or without the sanction 
 of a majority of the members of the Legislature, the causes for which 
 provisions may readily be found in the history of past legislation in 
 this State. 
 
 The twenty first section prohibits the Legislature from granting divorces 
 obviously because it would occupy too much time, and because it is pro- 
 perly a judicial act. 
 
APPENDIX. 79 
 
 The twentieth and twenty-second sections, prohibiting the contracting of 
 Public Debt, or the loan of the credit of the State, by the Legislature, 
 will, it is to be hoped, prevent her fair name from being again tarnished, 
 as it has been, by a failure to meet her pecuniary obligations to creditors 
 at home and abroad. Honor as well in a State as in an Individual, 
 ought to be as zealously guarded as Liberty. 
 
 The twenty-third section prohibits extra compensation from being given, 
 after a contract is made, as it has been often heretofore. 
 
 The thirtieth section fixes the per diem of members and prevents use- 
 less expenditures. 
 
 The thirty-second section abolishes the office of Attorney- General. 
 
 The thirty-third section provides for the protection of the Elective 
 Franchise, further than is provided in the first Article, by allowing cer- 
 tain criminals to be disfranchised. 
 
 The thirty-sixth section, making duellists ineligible to any office, will 
 tend to check the practice of settling disputes by a most barbarous method. 
 
 The thirty-eighth, thirty-ninth and forty-fourth sections providing first, 
 for the protection of a wife's properly — second, for the exemption of a 
 debtor's property to a certain amount — and third, for the abolishment of 
 imprisonment for debt, will essentially alter the relations of debtor and 
 creditor, and make the reliance upon personal character a more impor- 
 tant element than heretofore in mercantile and other transactions, where 
 the credit system prevails. These sections require the special attention 
 of the Legislature. 
 
 The fortieth section imposes upon the Legislature the difficult but very 
 necessary duty of adopting some simple and uniform system of charges 
 in the offices of Clerks and Registers and limits their compensation to 
 twenty-five hundred dollars per annum. The charges heretofore fixed 
 had, by change in the amount of business, and other circumstances, be- 
 come too high, and the salaries of some of these officers had grown to 
 be enormous. 
 
 The forty-fifth a.nd forty-seventh sections contain provisions in relation to 
 Banks and other corporations, which seem to be perfectly in accordance 
 with the declaration (No. 39) "That monopolies are odious, contrary to 
 the spirit of a free government, and to the principles of commerce, and 
 ought not to be sufi'ered." 
 
 The omission of the provision, contained in the Old Constitution, 
 against a tax for Religion'.was made probably on the ground that in this 
 enlightened age the Legislature did not need to be reminded of the 
 impropriety of it. 
 
80 APPENDIX. 
 
 Art. IV. — Judiciary Department. 
 
 The greatest changes in this Department are 
 
 1st. The substitution of a term of years for the life tenure of the Judges: 
 2d. The election of Judges^ Clerks and Registers by the people: 
 3d. The substitution of one Judge for three in the County Courts: 
 4th. The abolishment of the Court of Chancery. 
 The two changes first named are owing to the prevalence of such 
 opinions as are referred to in the comments on the Executive Depart- 
 ment and on the change of the Senatorial term of office; and the other 
 two may safely be said to have been made principally from pecuniary 
 considerations. Several duties are to be performed by the Legislature 
 in relation to this department^ which will be pointed out at the close of 
 these notes. 
 
 Art. V. — State's Attorneys. 
 
 This Article is entirely new. It was before observed that a change 
 was made by abolishing the office of Attorney-General, and the provi- 
 sion that those officers who were formerly called his Deputies and were 
 appointed by him, shall be elected by the people, is in harmony with 
 other parts of the instrument. 
 
 Art. VI. — Treasury Department. 
 
 The whole of this Department has been remodeled. The Comptroller 
 of the Treasury is a new officer designed as a check upon the Treasurer. 
 The former is to be elected by the People and the latter by the Legisla- 
 ture. This plan of giving authority to one from one source, and to the 
 other from another, makes them, in a measure, independent of each 
 other; and thereby the danger of collusion is greatly lessened. By the 
 old system there was no such check upon the Treasurer, the integrity 
 of a single individual being the chief and almost the only safeguard of 
 the State in regard to its treasure. 
 
 Art. VII. — Sundry Officers. 
 
 This Article provides for the election of sundry officers by the people. 
 The office of Commissioner of Public Works, of whom there are to be 
 four, is a new one. Their duty is lo superintend the interest of the 
 State in Rail Road and Canal Companies. 
 
APPENDIX. 81 
 
 By the fourth and fifth sections it is provided that a Lottery Commis- 
 sioner shall be elected every two years until 1st April, 1859, when the 
 whole system is to be abolished. 
 
 By the skcth section the Commissioner of the Land Office is to be 
 elected by the people and to perform the duties of the Register of the 
 Land Oiiice and Examiner General. 
 
 The eighth section provides for the election of County Commissioners, 
 and that their powers and duties shall be uniform throughout the State. 
 This is a great improvement upon the existing Acts of Assembly in 
 regard to those officers and their duties. 
 
 Art. VIII. — New Counties. 
 
 By this Article one new county is created, and provision is made for 
 the creation of another. 
 
 Art. IX. — Militia. 
 
 Sundry duties are here prescribed for the Legislature in regard to 
 statutes to be passed for regulating the Militia of the State. The present 
 law on the subject is not enforced, and it is comparatively a dead letter. 
 
 Art. X. — Miscellaneous. 
 
 Among the miscellaneous provisions in this Article, those in the ^rst 
 section are particularly to be noted, as being new and useful, viz. that 
 every officer, except the Governor, who receives more than three thou- 
 sand dollars per annum, for the performance of his official duties, shall 
 pay the balance into the Treasury, and give a statement of his receipts 
 and expenditures. The fact that certain officers heretofore received 
 compensations much too large, led to these provisions. 
 
 Art. XI. — Amendment of the Constitution. 
 
 By this Article, the mode of amending the Constitution has been 
 entirely changed. The former mode was that amendments must be 
 made by an Act of Assembly passed at one session and a confirmatory 
 Act at the next; but hereafter they are to be made by Conventions, 
 elected for this purpose, at intervals of ten years. The principal argu- 
 ments urged in favor of this latter mode are i— first, that the fundamen- 
 tal law of the state, being superior to all the departments of government, 
 and regulating, among other things, the powers and duties of the Legis- 
 lature itself, ought not to be under the control of the Legislature or any 
 other department of the government, in order thai the equilibrium, and 
 11 
 
82 APPENDIX. 
 
 the balances and checks, which have been provided to preserve the inde- 
 pendence of the several departments, should not be destroyed, and that 
 one department should not trespass upon the rights of another; — secondly, 
 that the amendment of a Constitution, which is a work of more impor- 
 tance than the ordinary business of legislation, should not be mixed up 
 with this, but be made at a time specially appointed for the purpose ; — 
 thirdly, that the Delegates to a Convention to amend the Constitution 
 will be wiser and better men than those of the Legislature. 
 
 The Duties op the Legislature. 
 
 The duties imposed upon the Legislature, by the provisions of the 
 New Constitution, being numerous and interspersed with various sub- 
 jects throughout the instrument, it will facilitate references to all or any 
 of them to note them in order. 
 
 Some of these duties are required either by the instrument itself, or 
 from evident necessity, to be performed, at thejirst session of the Legisla- 
 ture after the adoption of it. These may be seen by reference to the 
 following Articles and sections, viz. 
 
 Article 3, sections 6, 17, and 40. 
 
 Article 4, sections 10, 11, 12, 19, and 23. 
 
 Article 10^ sections 2 and 6. 
 
 Other Duties of the Legislature are prescribed or referred to in the 
 following, viz. 
 
 Declaration of Rights, No. 41. 
 
 Art. 1, section 3. 
 
 Art. 2, section 8. 
 
 Art. 3, sections 33, 38, 39, 48, and 49. 
 
 Art. 4, sections 2, 8, and 21. 
 
 Art. 7, sections 8 and 9. 
 
 Art. 9, section 1. 
 
 The author of these brief notes hopes that they may prove, what 
 they are designed to be, some assistance or help to those who have 
 special duties imposed upon them by the New Constitution, as well as 
 to others who may wish to understand the changes it has produced in 
 regard to their rights, civil and political. 
 
 EDWARD OTIS HINKLEY. 
 Baltimore, Oct. llth, 1851. 
 
STANDARD BOOKS, 
 
 PUBLISHED BY 
 
 JOHN MURPHY &, CO. 
 
 No. 178 MARKET STREET, BALTIMORE. 
 
 The Revenue Laws of the State of Maryland, Published 
 
 by order of the Legislature 8vo. Law sheep 2 00 
 
 The New Constitution of the State of Maryland, &c. 
 Published by authority of the Convention ; with Mar- 
 ginal Notes, &c., by E. Otis Hinkley, Esq. . .8vo. clotli 50 
 
 Law sheep 75 
 
 (interleaved) " " 1 00 
 
 McSherry'a History of Maryland, illustrated with fine 
 
 Engravings '. Svo. cloth 2 00 
 
 " No State in the LTnion better deserves the labors of the historian, 
 wliether we regard her early settlement, her liberal charter, or the part 
 she bore in the great revolution which made us a nation, or the number of 
 eminent men bom within her limits ; and there is scarcely one of the 
 original thirteen about which so little trouble has been taken to collect 
 authentic notices. His style is modest and unpretending, and the narra- 
 tive is unexceptionable in sentiment. We would invite the attention of 
 our public schools to this book, as one well deserving to be introduced 
 into such of the schools as embrace instruction in history." 
 
 National Intetltgencer, 
 
 Bozman's History of Maryland. Published by order of 
 
 the Legislature ; 2 vols, in one, 1042 pages. . . 8vo. sheep 3 00 
 Burnap's Sphere and Duties of Women 12mo. cloth 1 00 
 
 cloth, gt. edges 1 SO 
 
 Lectures to Young Men 12mo. cloth 1 00 
 
 cloth, gt. edges 1 50 
 
 Hall's Designs for Dwelling Houses, 4to., plates 2 50 
 
 Etiquette at Washington ; containing a Guide to the Pub- 
 lic Buildings, &c., &c., 2d edition. . . .fancy paper, gt. 25 
 
 cloth, gt. edges 50 
 
 American Etiquette for Ladies and Gentlemen, 32mo., cl. 25 
 
 cloth, gt. edges 38 
 
 Bible Quadrupeds, illustrated with fine eng's. .16mo. cl. 75 
 
 cloth, gt. edges 1 00 
 
 Flowers of Love and Memory ; a Collection of Poems, by 
 
 Mrs. Anna H. Dorsey, plates .... 12mo. cloth, gt. edges 1 25 
 
 Pope's Essay on Man 32mo. cloth 12 
 
 Washington, the Model of Character for American 
 
 Youth S2mo. fancy paper 12 
 
|)ul)lisl)fr3, Inoksaifra & stationers, 
 
 JVo. 178 JUarket street, Baltimore, 
 
 Keep constantly on hand, a large and well selected stock of j 
 
 $t\}mi mh^miimms looks, |tank looks, 
 
 English, French, and American Cap, 
 Iietter if JVote Papers, Stationery, ^c. 
 
 COMMERCIAL AND LAW BLANKS, 
 
 BANK CHECKS, DRAFTS, PROMISSORY NOTES, &c. In every variety, , 
 
 Which they are prepared to sell. Wholesale and Uetail, at 
 the lowest prices, on accommodating terms. 
 
 MURPHY^ UNALTERABLE 
 
 ^STEREOGRAFMIG BANK CHECKS., 
 
 ] Tkey desire to call tlie attention of Banking Institutioiis, and the Mercantile | 
 
 ' Community generally, to their new and improved styles of Unalterable Bank 
 
 Checks, as (fording a great protection against alteration or erasure by means of 
 
 J acids, or othervnse, without detection at a gtajice. TViese Checks combine a degree of | 
 unsurpassed neatness and security , and are sold at the same prices as ordinary Checks, 
 
 RKCOMMENDATIONS. 
 
 1 We have examined Specimens ot Murvhy^s Unalterable Bank Checks, and take ( 
 
 i great pleasure in recommtmding them to Banking InstittMonSj and the Mercantile \ 
 Community, as an article of great security, general utilityjand neatness. 
 
 
 . C. U. Jamibon, Cashier Bank of Bait. 
 j R. MiCKLEj Cashier Union Bank (^ Md, 
 I J, W. Alnutt, CosA'r Mechanics^ Bank. 
 
 A. P. Giles, Cashier Ihranklin Bank. 
 , Phil. Littig, Jr., Cash'r Marine Bank. 
 ] J. LoNET, Cash, Far. Sf Merchants' Bank, 
 ] D. SpRiaa, Cashier Merchants' Bank. 
 
 Trueman Cross, Cashier Commereial t 
 and Farmers' Bank. I 
 
 J. H. Carter, Cashier Western Bank, \ 
 J. LowNDS, Cashier Chesapeake Bank, 
 Wm. L. Richardson, Cashier Citizens^ i 
 
 Bank. 
 JosiAH Lee, Banking House. ^ 
 
 Check Bodes on all the Banks in the City, of all sizes, fVom 50 cents upwards, 
 constantly for sale, or printed to order at short notice, with the Names of Firms I 
 or Institutions printed in the ends. Booksellers, Banking Institutions and others 
 supplied by the Ream, at moderate prices. 
 
 film k lElMEIIM lOOK Si llll FHlHTllli;. ) 
 
 \ Having in connection with their Bookstore, one of the most complete and ex- f^ 
 j tensive Printing Establishments in the country, under their immediate personal L 
 superintendence, to which they have recently added ttro of the most approved ^ 
 Printing Machines in use, enables tliem to offer inducements, pecuniary and otiicr- f^i 
 1 wise, to such as contemplate Printing or Publishing, not attainable under otlier r 
 ) circumstances. Kv 
 
 Jp^n'^lBLANK BOOKSl 
 
 Of the best materials, kept coiw ; 
 stantly on hand, or made to order. £' 
 
 (i(^ ORDERS from any pnurt of the United Stales will meet with the same [ 
 careful and prompt attention, as if attended to in person. 
 
 CARD PRia^TING ON THE PATENT FLY PRESS, 
 
 CAPABLE OF PRINTING 2,000 CARDS PER HOUR. 
 

 \ 
 
 I: 
 
 ;i 
 
 I 
 il