Today I conclude my tour of Mid-Atlantic Constitutions of 1776 with that of Maryland. This document shows a state with framers of a rather different mind than those in Pennsylvania.
Maryland had a comparatively conservative Constitution for the year 1776AD, with not only a Governor, but a unique electoral college system for choosing its State Senators -- Senators who held five year terms.
Thomas Johnson (+1819), first governor under the 1776 Constitution of Maryland.
Here is the text, in full:
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Constitution of Maryland - November 11, 1776
(1)
A Declaration of Rights, and the Constitution and Form of
Government agreed to by the Delegates of Maryland, in Free and Full Convention
Assembled.
A DECLARATION OF RIGHTS, &C.
THE parliament of Great Britain, by a declaratory act, having assumed a right
to make laws to bind the Colonies in all cases whatsoever, and, in pursuance of
Rich claim, endeavoured, by force of arms, to subjugate the United Colonies to
an unconditional submission to their will and power, and having at length
constrained them to declare themselves independent States, and to assume
government under the authority of the people; Therefore we, the Delegates of
Maryland, in free and full Convention assembled, taking into our most serious
consideration the best means of establishing a good Constitution in this State,
for the sure foundation and more permanent security thereof, declare,
I. That all government of right originates from the people, is founded in
compact only, and instituted solely for the good of the whole.
II. That the people of this State ought to have the sole and exclusive right
of regulating the internal government and police thereof.
III. That the inhabitants of Maryland are entitled to the common law of
England, and the trial by Jury, according that law, and to the benefit of such
of the English statutes, as existed at the time of their first emigration, and
which, by experience, have been found applicable to their local and other
circumstances, and of such others as have been since made in England, or Great
Britain, and have been introduced, used and practiced by the courts of law or
equity; and also to acts of Assembly, in force on the first of June seventeen
hundred and seventy-four, except such as may have since expired, or have been or
may be altered by facts of Convention, or this Declaration of Rights-subject,
nevertheless, to the revision of, and amendment or repeal by, the Legislature of
this State: and the inhabitants of Maryland are also entitled to all property,
derived to them, from or under the Charter, granted by his Majesty Charles I. to
Crecilius Calvert, Baron of Baltimore.
IV. That all persons invested with the legislative or executive powers of
government are the trustees of the public, and, as such, accountable for their
conduct; wherefore, whenever the ends of government are perverted, and public
liberty manifestly endangered, and all other means of redress are ineffectual,
the people may, and of right ought, to reform the old or establish a new
government. The doctrine of non-resistance, against arbitrary power and
oppression, is absurd, slavish, and destructive of the good and happiness of
mankind.
V. That the right in the people to participate in the Legislature is the best
security of liberty, and the foundation of all free government; for this
purpose, elections ought to be free and frequent, and every man, having property
in, a common interest with, and an attachment to the community, ought to have a
right of suffrage.
VI. That the legislative, executive and judicial powers of government, ought
to be forever separate and distinct from each other.
VII. That no power of suspending laws, or the execution of laws, unless by or
derived from the Legislature, ought to be exercised or allowed.
VIII. That freedom of speech and debates, or proceedings in the Legislature,
ought not to be impeached in any other court or judicature.
IX. That a place for the meeting of the Legislature ought to be fixed, the
most convenient to the members thereof, and to the depository of public records;
and the Legislature ought not to be convened or held at any other place, but
from evident necessity.
X. That, for redress of grievances, and for amending, strengthening and
preserving the laws, the Legislature ought to be frequently convened.
XI. That every man hath a right to petition the Legislature, for the redress
of grievances, in a peaceable and orderly manner.
XII. That no aid, charge, tax, fee, or fees, ought to be set, rated, or
levied, under any presence, without consent of the Legislature.
XIII. That the levying taxes by the poll is grievous and oppressive, and
ought to be abolished; that paupers ought not to be assessed for the support of
government; but every other person in the State ought to contribute his
proportion of public taxes, for the support of government, according to his
actual worth, in real or personal property, within the State; yet fines, duties,
or taxes, may properly and justly be imposed or laid, with a political view, for
the good government and benefit of the community.
XIV. 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.
XV. That retrospective laws, punishing facts 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.
XVI. That no law, to attains particular persons of treason or felony, ought
to be made in any case, or at any time hereafter.
XVII. That every freeman, for any injury done 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.
XVIII. That the trial of facts where they arise, is one of the greatest
securities of the lives, liberties and estates of the people.
XIX. That, in all criminal prosecutions, every man hath a right to be
informed of the accusation against him; to have a copy of the indictment or
charge in due time (if required) to prepare for his defence; to be allowed
counsel; to be confronted with the witnesses against him; to have process for
his witnesses; to examine the witnesses, for and against him, on oath; and to a
speedy trial by an impartial jury, without whose unanimous consent he ought not
to be found guilty.
XX. That no man ought to be compelled to give evidence against himself, in a
common court of law, or in any other court, but in such cases as have been
usually practiced in this State, or may hereafter be directed by the
Legislature.
XXI. That no freeman ought to be taken, or imprisoned, or disseized of his
freehold, liberties, or privileges, or outlawed, or exiled, or in any manner
destroyed, or deprived of his life, liberty, or property, but by the judgment of
his peers, or by the law of the land.
XXII. That excessive bail ought not to be required, nor excessive fines
imposed, nor cruel or unusual punishments inflicted, by the courts of law.
XXIII. That all warrants, without oath or affirmation, to search suspected
places, or to seize any person or property, are grievous and oppressive; and all
general warrants-to search 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.
XXIV. That there ought to be no forfeiture of any part of the estate of any
person, for any crime except murder, or treason against the State, and then only
on conviction and attainder.
XXV. That a well-regulated militia is the proper and natural defence of a
free government.
XXVI. That standing armies are dangerous to liberty, and ought not to be
raised or kept up, without consent of the Legislature.
XXVII. That in all cases, and at all times, the military ought to be under
strict subordination to and control of the civil power.
XXVIII. That no soldier ought to be quartered 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,
XXIX. That no person, except regular soldiers, mariners, and marines in the
service of this State, or militia when in actual service, ought in any case to
be subject to or punishable by martial law.
XXX. That the independency and uprightness of Judges are essential to the
impartial administration of Justice, and a great security to the rights and
liberties of the people; wherefore the Chancellor and Judges ought to hold
commissions during good behaviour; and the said Chancellor and Judges shall be
removed for misbehaviour, on conviction in a court of law, and may be removed 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. That
salaries, liberal, but not profuse, ought to be secured to the Chancellor and
the Judges, during the continuance of their Commissions, in such manner, and at
such times, as the Legislature shall hereafter direct, upon consideration of the
circumstances of this State. No Chancellor or Judge ought to hold any other
office, civil or military, or receive fees or perquisites of any kind.
XXXI. That a long continuance in the first 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.
XXXII. That no person ought to hold, at the same time, more shall one office
of profit, nor ought any person. in public trust, to receive any present from
any foreign prince or state, or from the United States, or any of them, without
the approbation of this State.
XXXIII. That, as it is the duty of every man to worship God in such manner as
he thinks most acceptable to him; all persons, professing the Christian
religion, are equally entitled to protection in their religious liberty;
wherefore no person ought by any law to be molested in his person or estate on
account of his religious persuasion or profession, or for his religious
practice; unless, under colour of religion, any man shall disturb the good
order, peace or safety of the State, or shall infringe the laws of morality, or
injure others, in their natural, civil, or religious rights; nor ought any
person to be compelled to frequent or maintain, or contribute, unless on
contract, to maintain any particular place of worship, or any particular
ministry; yet the Legislature may, in their discretion, lay a general and equal
tax for the support of the Christian religion; leaving to each individual the
power of appointing the payment over of the money, collected from him, to the
support of any particular place of worship or minister, or for the benefit of
the poor of his own denomination, or the poor in general of any particular
county: but the churches, chapels, globes, and all other property now belonging
to the church of England, ought to remain to the church of England forever. And
all acts of Assembly, lately passed, for collecting monies for building or
repairing particular churches or chapels of ease, shall continue in force, and
be executed, unless the Legislature shall, by act, supersede or repeal the same:
but no county court shall assess any quantity of tobacco, or sum of money,
hereafter, on the application of any vestrymen or church-wardens; and every
encumbent of the church of England, who hath remained in his parish, and
performed his duty, shall be entitled to receive the provision and support
established by the act, entitled "An act for the support of the clergy of the
church of England, in this Province," till the November court of this present
year to be held for the county in which his parish shall lie, or partly lie, or
for such time as he hate remained in his parish, and performed his duty.
XXXIV. That every gift, sale, or devise of lands, to any minister, public
teacher, or preacher of the gospel, 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 good-e, or chattels, to go
in succession, or to take place after the death of the seller or donor, or to or
for such support, use or benefit-and also every devise of goods or chattels to
or for the support, use or benefit of any minister, public teacher, or preacher
of the gospel, as such, or any religious sect, order, or denomination, without
the leave of the Legislature, shall be void; except always any sale, gift, lease
or devise of any quantity of land, not exceeding two acres, for a church,
meeting, or other house of worship, and for a burying-ground, which shall be
improved, enjoyed or used only for such purpose-or such sale, gift, lease, or
devise, shall be void.
XXXV. That no other test or qualification ought to be required, on admission
to any office of trust or profit, than such oath of support and fidelity to this
State, and such oath of office, as shall be directed by this Convention or the
Legislature of this State, and a declaration of a belief in the Christian
religion.
XXXVI. That the manner of administering an oath to any person, ought to be
such, as those of the religious persuasion, profession, or denomination, of
which such person is one, generally esteem the most effectual confirmation, by
the attestation of the Divine Being. And that the people called Quakers, those
called Dunkers, and those called Menonists, holding it unlawful to take an oath
on any occasion, ought to be allowed to make their solemn affirmation, in the
manner that Quakers 1lave been heretofore allowed to affirm; and to be of the
same avail as an oath, in all such cases, as the affirmation of Quakers hath
been allowed and accepted within this State, instead of an oath. And further, on
such affirmation, warrants to search for stolen goods, or for the apprehension
or commitment of offenders, ought to be granted, or security for the peace
awarded, and Quakers, Dunkers or Menonists ought also, on their solemn
affirmation as aforesaid, to be admitted as witnesses, in all criminal cases not
capital.
XXXVII. That the city of Annapolis ought to have all its rights, privileges
and benefits, agreeable to its Charter, and the acts of Assembly confirming and
regulating the same, subject nevertheless to such alteration as may be made by
this Convention, or any future legislature.
XXXVIII. That the liberty of the press ought to be inviolably preserved.
XXXIX. That monopolies are odious, contrary to the spirit of a free
government, and the principles of commerce; and ought not to be suffered.
XL. That no title of nobility, or hereditary honours, ought to be granted III
this State.
XLI. That the subsisting resolves of this and the several Conventions held
for this Colony, ought to be in force as laws, unless altered by this
Convention, or the Legislature of this State.
XLII. That this Declaration of Rights, or the Form of Government, to be
established by this Convention, or any part or either of them, ought not to be
altered, changed or abolished, by the Legislature of this State, but in such
manner as this Convention shall prescribe and direct.
This Declaration of Rights was assented to, and passed, in Convention of the
Delegates of the freemen of Maryland, begun and held at Annapolis, the 14th day
of August, A. D. 1776.
By order of the Convention.
MAT. TILGHMAN, President.
THE CONSTITUTION, OR FORM OF GOVERNMENT, &C.
I. THAT the Legislature consist of two distinct branches, a Senate and House
of Delegates, which shall be styled,
The General Assembly of Maryland.
II. That the House of Delegates shall be chosen in the following manner: All
freemen, above twenty-one years of age, having a freehold of fifty acres of
land, in the county in which they offer to vote, and residing therein-and all
freemen, having property in this State above the value of thirty pounds current
money, and having resided in the county, in which they offer to vote, one whole
year next preceding the election, shall have a right of suffrage, in the
election of Delegates for such county: and all freemen, so qualified, shall, en
the first Monday of October, seventeen hundred and seventy-seven and on the same
day in every year thereafter, assemble in the counties, in which they are
respectively qualified to vote, at the court-house, in the said counties; or at
such other place as the Legislature shall direct; and, when assembled, they
shall proceed to elect, viva voce, four Delegates, for their respective
counties, of the most wise, sensible, and discreet of the people, residents in
the county where they are to be chosen, one whole year next preceding the
election, above twenty-one years of age, and having, in the State, real or
personal property above the value of five hundred pounds current money; and upon
the final casting of the polls, the four persons who shall appear to have the
greatest number of legal votes shall be declared and returned duly elected for
their respective counties.
III. That the Sheriff of each county, or, in case of sickness, his Deputy
(summoning two Justices of the county, who are required to attend, for the
preservation of the peace) shall be the judges of the election, and may adjourn
from day to day, if necessary, till the same be finished, so that the whole
election shall be concluded in four days; and shall make his return thereof,
under his hand, to the Chancellor of this State for the time being.
IV. That all persons qualified, by the charter of the city of Annapolis, to
vote for Burgesses, shall, on the same first Monday of October, seventeen
hundred and seventy-seven, and on the same day in every year forever thereafter,
elect,
viva voce, by a majority of votes, two Delegates, qualified
agreeable to the said charter; that the Mayor, Recorder, and Aldermen of the
said city, or any three of them, be judges of the election, appoint the place in
the said city for holding the same, and may adjourn from day to day, as
aforesaid, and shall make return thereof, as aforesaid: but the inhabitants of
the said city shall not be entitled to vote for Delegates for Anne-Arundel
county, unless they have a freehold of fifty acres of land in the county
distinct from the City.
V. That all persons, inhabitants of Baltimore town, and having the same
qualifications as electors in the county, shall, on the same first Monday in
October, seventeen hundred and seventy-seven, and on the same day in every year
forever thereafter, at such place in the said town as the Judges shall appoint,
elect,
viva voce, by a majority of votes, two Delegates, qualified as
aforesaid: but if the said inhabitants of the town shall so decrease, as that a
number of persons, having a right of suffrage therein, shall have been, for the
space of seven years successively, less than one half the number of voters in
some one county in this State, such town shall thenceforward cease to send two
Delegates or Representatives to the House of Delegates, until the said town
shall have one half of the number of voters in some one county in this State.
VI. That the Commissioners of the said town, or any three or more of them,
for the time being, shall be judges of the said election, and may adjourn, as
aforesaid, and shall mate return thereof, as aforesaid: but the inhabitants of
the said town shall not be entitled to vote for, or be elected, Delegates for
Baltimore county: neither shall the inhabitants of Baltimore county, out of the
limits of Baltimore town, be entitled to vote for, or be elected, Delegates for
the said town.
VII. That on refusal, death, disqualification, resignation, or removal out of
this State of any Delegate, or on his becoming Governor, or member of the
Council, a warrant of election shall issue by the Speaker, for the election of
another in his place; of which ten days' notice, at least, (excluding the day of
notice, and the day of election) shall be given.
VIII. That not less than a majority of the Delegates, with their Speaker (to
be chosen by them, by ballot) constitute a House, for the transaction of any
business other than that of adjourning.
IX. That the House of Delegates shall judge of the elections and
qualifications of Delegates.
X. That the House of Delegates may originate all money bills, propose bills
to the Senate, or receive those offered by that body; and assent, dissent, or
propose amendments; that they may inquire on the oath of witnesses, into all
complaints, grievances, and offences, as the grand inquest of this State; and
may commit any person, for any crime, to the public jail, there to remain till
he be discharged by due course of law. They may expel any member, for a great
misdemeanor, but not a second time for the same cause. They may examine and pass
all accounts of the State, relating either to the collection or expenditure of
the revenue, or appoint auditors, to state and adjust the same. They may call
for all public or official papers and records, and send for persons, whom they
may judge necessary in the course of their inquiries, concerning affairs
relating to the public interest; and may direct all office bonds (which shall be
made payable to the State) to be sued for any breach of duty.
XI. That the Senate may be at full and perfect liberty to exercise their
judgment in passing laws-and that they may not be compelled by the House of
Delegates, either to reject a money bill, which the emergency of affairs may
require, or to assent to some other act of legislation, in their conscience and
judgment injurious to the public welfare--the House of Delegates shall not on
any occasion, or under any presence annex to, or blend with a money bill, any
matter, clause, or thing, not immediately relating to, and necessary for the
imposing, assessing, levying, or applying the taxes or supplies, to be raised
for the of government, or the current expenses of the State: and to prevent
altercation about such bills, it is declared, that no bill, imposing duties or
customs for the mere regulation of commerce, or inflicting fines for the
reformation of morals, or to enforce the execution of the laws, by which an
incidental revenue may arise, shall be accounted a money bill: but every bill,
assessing, levying, or applying taxes or supplies, for the support of
government, or the current expenses of the State, or appropriating money in the
treasury, shall be deemed a money bill.
XII. That the House of Delegates may punish, by imprisonment. any person who
shall be guilty of a contempt in their view, by any disorderly or riotous
behaviour, or by threats to, or abuse of their members, or by any obstruction to
their proceedings. They may also punish, by imprisonment, any person who shall
be guilty of a breach of privilege, by arresting on civil process, or by
assaulting any of their members, during their sitting, or on their way to, or
return from the House of Delegates, or by any assault of, or obstruction to
their officers, in the execution of any order or process, or by assaulting or
obstructing any witness, or any other person, attending on, or on their way to
or from the House, or by rescuing any person committed by the House: and the
Senate may exercise the same power, in similar cases.
XIII. That the Treasurers (one for the western, and another for the eastern
shore) and the Commissioners of the Loan Office, may be appointed by the House
of Delegates, during their pleasure; and in case of refusal, death, resignation,
disqualification, or removal out of the State, of any of the said Commissioners
or Treasurers, in the recess of the General Assembly, the governor, with the
advice of the Council, may appoint and commission a fit and proper person to
such vacant office, to hold the same until the meeting of the next General
Assembly.
XIV. That the Senate be chosen in the following manner: All persons,
qualified as aforesaid to vote for county Delegates, shall, on the first tidy of
September, 1781, and on the same day in every fifth year forever thereafter,
elect,
viva voce, by a majority of votes, two persons for their
respective counties (qualified as aforesaid to be elected county Delegates) to
be electors of the Senate; and the Sheriff of each county, or, in case of
sickness, his Deputy (summoning two Justices of the county, who are required to
attend, for the preservation of the peace,) shall hold and be judge of the said
election, and make return thereof, as aforesaid. And all persons, qualified as
aforesaid, to vote for Delegates for the city of Annapolis and Baltimore town,
shall, on the same first Monday of September, 1781, and on the same day in every
fifth year forever thereafter, elect, viva voce, by a majority of votes, one
person for the said city and town respectively, qualified as aforesaid to be
elected a Delegate for the said city and town respectively; the said election to
be held in the same manner, as the election of Delegates for the said city and
town; the right to elect the said elector, with respect to Baltimore town, to
continue as long as the right to elect Delegates for the said town.
XV. That the said electors of the Senate meet at the city of Annapolis, or
such other place as shall be appointed for convening the legislature, on the
third Monday in September, 1781, and on the same flay in every fifth year
forever thereafter, and they, or any twenty-four of them so met, shall proceed
to elect, by ballot, either out of their own body, or the people at large,
fifteen Senators (nine of whom to be residents on the western, and six to be
residents on the eastern shore) men of the most wisdom, experience and virtue,
above twenty-five years of age, residents of the State above three whole years
next preceding the election, and having real and personal property above the
value of one thousand pounds current money.
XVI That the Senators shall be balloted for, at one and the same time, and
out of the gentlemen residents of the western shore, who shall be proposed as
Senators, the nine who shall, on striking the ballots, appear to have the
greatest numbers in their favour, shall be accordingly declared and returned
duly elected: and out of the gentlemen residents of the eastern shore, who shall
be proposed as Senators, the six who shall, on striking the ballots, appear to
have the greatest number in their favour, shall be accordingly declared and
returned duly elected: and if two or more on the same shore shall have an equal
number of ballots in their favour, by which the choice shall not be determined
on the first ballot, then the electors shall again ballot, before they separate;
in which they shall be confined to the persons who on the first ballot shall
have an equal number: and they who shall have the greatest number in their
favour on the second ballot, shall be accordingly declared and returned duly
elected: and if the whole number should not thus be made up, because of an equal
number, on the second ballot, still being in favour of two or more persons, then
the election shall be determined by lot, between those who have equal numbers;
which proceedings of the electors shall be certified under their hands, and
returned to the Chancellor for the time being.
XVII. That the electors of Senators shall judge of the qualifications and
elections of members of their body; and, on a contested election, shall admit to
a seat, as an elector, such qualified person as shall appear to them to have the
greatest number of legal votes in his favour.
XVIII. That the electors, immediately on their meeting, and before they
proceed to the election of Senators, take such oath of support and fidelity to
this State, as this Convention, or the Legislature, shall direct; and also an
oath " to elect without favour, affection, partiality, or prejudice, such
persons for Senators, as they, in their judgment and conscience, believe best
qualified for the office."
XIX. That in case of refusal, death, resignation, disqualification, or
removal out of this State, of any Senator, or on his becoming Governor, or a
member of the Council, the Senate shall, immediately thereupon, or at their next
meeting thereafter, elect by ballot (in the same manner as the electors are
above directed to choose Senators) another person in his place, for the residue
of the said term of five years.
XX. That not less than a majority of the Senate, with their President (to be
chosen by them, by ballot) shall constitute a House, for the transacting any
business, other than that of adjourning.
XXI. That the Senate shall judge of the Elections and qualifications of
Senators.
XXII. That the Senate may originate any other, except money bills, to which
their assent or dissent only shall be given; and may receive any other bills
from the House of Delegates, and assent, dissent, or propose amendments.
XXIII. That the General Assembly meet annually, Old the first Monday of
November, and if necessary, oftener.
XXIV. That each House shall appoint its own officers, and settle its own
rules of proceeding.
XXV. That a person of wisdom, experience, and virtue, shall be chosen
Governor, on the second Monday of November, seventeen hundred and seventy-seven,
and on the second Monday in every year forever thereafter, by the joint ballot
of both Houses (to be taken in each House respectively) deposited in a
conference room; the boxes to be examined by a joint committee of both Houses,
and the numbers severally reported, that the appointment may be entered; which
mode of taking the joint ballot of both Houses shall be adopted in all cases.
But if two or more shall have an equal number of ballots in their favour, by
which the choice shall not be determined on the first ballot, then a second
ballot shall be taken, which shall be confined to the persons who, on the first
ballot, shall have had an equal number; and, if the ballots should again be
equal between two or more persons, then the election of the Governor shall be
determined by lot, between those who have equal numbers: and if the person
chosen Governor shall die, resign, move out of the State, or refuse to act,
(the-General Assembly sitting) the Senate and House of Delegates shall,
immediately thereupon, proceed to a new choice, in manner aforesaid.
XXVI. That the Senators and Delegates, on the second Tuesday of November,
1777, and annually on the second Tuesday of November forever thereafter, elect
by Joint ballot (in the same manner as Senators are directed to be chosen) five
of the most sensible, discreet, and experienced men, above twenty-five years of
age, residents in the State above three years next preceding the election, and
having therein a freehold of lands and tenements, above the value of one
thousand pounds current money, to be the Council to the Governor, whose
proceedings shall be always entered on record, to any part whereof any member
may enter his dissent; and their advice, if so required by the Governor, or any
member of the Council, shall be given in writing, and signed by the members
giving the same respectively: which proceedings of the Council shall be laid
before the Senate, or House of Delegates, when called for by them or either of
them. The Council may appoint their own Clerk, who shall take such oath of
suport and fidelity to this State, as this Convention, or the Legislature, shall
direct; and of secrecy, in such matters as he shall be directed by the board to
keep secret.
XXVII. That the Delegates to Congress, from this State, shall be chosen
annually, or superseded in the mean time by the joint ballot of both Houses of
Assembly; and that there be a rotation, in such manner, that at least two of the
number be annually changed; and no person shall be capable of being a Delegate
to Congress for more than three in any term of six years; and no person, who
holds any office of profit in the gift of Congress, shall be eligible to sit in
Congress; but if appointed to any such office, his seat shall be thereby
vacated. That no person, unless above twenty-one years of age, and a resident in
the State more than five years next preceding the election, and having real and
personal estate in this State above the value of one thousand pounds current
money, shall be eligible to sit in Congress.
XXVIII. That the Senators and Delegates, immediately on their annual meeting,
and before they proceed to any business, and every person, hereafter elected a
Senator or Delegate, before he acts as such, shall take an oath of support and
fidelity to this State, as aforesaid; and before the election of a governor, or
members of the Council, shall take an oath, " elect without favour, affection,
partiality, or prejudice, such person as Governor, or member of the Council, as
they, in their judgment and conscience, believe best qualified for the office."
XXIX. That the Senate and Delegates may adjourn themselves respectively: but
if the two Houses should not agree on the same time, but adjourn to different
days, then shall the Governor appoint and notify one of those days, or some day
between, and the Assembly shall then meet and be held accordingly; and he shall,
if necessary, by advice of the Council, call them before the time, to which they
shall in any manner be adjourned, on giving not less than ten days' notice
thereof; but the Governor shall not adjourn the Assembly, otherwise than as
aforesaid, nor prorogue or dissolve it, at any time.
XXX. That no person, unless above twenty-five years of age, a resident in
this State above five years next preceding the election- and having in the State
real and personal property, above the value of five thousand pounds, current
money, (one thousand pounds whereof, at least, to be freehold estate) shall be
eligible as governor.
XXXI. That the governor shall not continue in that office longer than three
years successively, nor be eligible as Governor, until the expiration of four
years after he shall have been out of that office.
XXXII. That upon the death, resignation, or removal out of this State, of the
Governor, the first named of the Council, for the time being shall act as
Governor, and qualify in the same manner; and shall immediately call a meeting
of the General Assembly, giving not less than fourteen days' notice of the
meeting, at which meeting. a Governor shall be appointed, in manner aforesaid,
for the residue of the year.
XXXIII. That the Governor, by and with the advice and consent of the Council,
may embody the militia; and, when embodied, shall alone have the direction
thereof; and shall also have the direction of all the regular land and sea
forces, under the laws of this State, (but he shall not command in person,
unless advised thereto by the Council, and then, only so long as they shall
approve thereof); and may alone exercise all other the executive powers of
government, where the concurrence of the Council is not required, according to
the laws of this State; and grant reprieves or pardons for any crime, except in
such cases where the law shall otherwise direct; and may, during the recess of
the General Assembly, lay embargoes, to prevent the departure of any shipping,
or the exportation of any commodities, for any time not exceeding thirty days in
any one year-summoning the General Assembly to meet within the time of the
continuance of such embargo; and may also order and compel any vessel to ride
quarantine, if such vessel, or the port from which she may have come, shall, on
strong grounds, be suspected to be infected with the plague; but the Governor
shall not, under any presence, exercise any power or prerogative by virtue of
any law, statute, or custom of England or Great Britain.
XXXIV. That the members of the Council, or any three or more off them, when
convened, shall constitute a board for the transacting of business; that the
Governor, for the time being, shall preside in the Council, and be entitled to a
vote, on all questions in which the Council shall be divided in opinion; and, in
the absence of the Governor, the first named of the Council shall preside; and
as such, shall also vote, in all cases, where the other members disagree in
their opinion.
XXXV. That, in case of refusal, death, resignation, disqualification, or
removal out of the State, of any person chosen a member of the council, the
members thereof, immediately thereupon, or at their next meeting thereafter,
shall elect by ballot another person (qualified as aforesaid) in his place, for
the residue of the Year.
XXXVI. That the Council shall have power to make the Great Seal of this
State, which shall be kept by the Chancellor for the time being, and affixed to
all laws, commissions, grants, and other public testimonials, as has been
heretofore practiced in this State.
XXXVII. That no Senator, Delegate of Assembly, or member of the Council, if
he shall qualify as such, shall hold or execute any office of profit, or receive
the profits of any office exercised by any other person, during the time for
which he shall be elected; nor shall any (governor be capable of holding any
other office of profit in this State, while he acts as such. And no person,
holding a place of profit or receiving any part of the profits thereof, or
receiving the profits or any part of the profits arising on any agency, for the
supply of clothing or provisions for the Army or Navy, or holding any office
under the United States, or any of them-or a minister, or preacher of the
gospel, of any denomination-or any person, employed in the regular land service,
or marine, of this or the United States-shall have a seat in the General
Assembly or the Council of this State.
XXXVIII. That every Governor, Senator, Delegate to Congress or Assembly, and
member of the Council, before he acts as such, shall take an oath " that he will
not receive, directly or indirectly at any time, any part of the profits of any
office, held by any other person during his acting in his office of Governor,
Senator, Delegate to Congress or Assembly, or member of the Council, or the
profits or any part of the profits arising on any agency for the supply of
clothing or provisions for the Army or Navy."
XXXIX. That if any Senator, Delegate to Congress or Assembly, or member of
the Council, shall hold or execute any office of profit, or receive, directly or
indirectly, at any time, the profits or any part of the profits of any office
exercised by any other person, during his acting as Senator, Delegate to
Congress or Assembly, or member of the Council-his seat (on conviction, in a
Court of law, by the oath of two credible witnesses) shall be void; and he shall
suffer the punishment of wilful and corrupt perjury, or be banished this State
forever, or disqualified forever from holding any office or place of trust or
profit, as the Court may judge.
XL. That the Chancellor, all Judges, the Attorney-General, Clerks of the
General Court, the Clerks of the County Courts, the Registers of the Land
Office, and the Registers of Wills, shall hold their commissions during good
behaviour, removable only for misbehaviour, on conviction in a Court of law.
XLI. That there be a Register of Wills appointed for each county who shall be
commissioned by the Governor, on the joint recommendation of the Senate and
House of Delegates; anal that, upon the death, resignation, disqualification, or
removal out of the county of any Register of Wills, in the recess of the General
Assembly the Governor, with the advice of the Council, may appoint and
commission a fit and proper person to such vacant office, to hold the same until
the meeting of the General Assembly.
XLII. That Sheriffs shall be elected in each county, by ballot, every third
year; that is to say, two persons for the office of Sheriff for each county, the
one of whom having the majority of votes, or if both have an equal number,
either of them, at the discretion of the Governor, to be commissioned by the
Governor for the said office; and having served for three years, such person
shall be ineligible for the four years next succeeding; bond with security to be
taken every year, as usual; and no Sheriff shall be qualified to act before the
same is given. In case of death, refusal, resignation, disqualification, or
removal out of the county before the expiration of the three years, the other
person, chosen as aforesaid, shall be commissioned by the Governor to execute
the said office, for the residue of the said three years, the said person giving
bond and security as aforesaid: and in case of his death, refusal, resignation,
disqualification, or removal out of the county, before the expiration of the
said three years, the Governor, with the advice of the Council, may nominate and
commission a fit and proper person to execute the said office for the residue of
the said three years, the said person giving bond and security as aforesaid. The
election shall be held at the same time and place appointed for the election of
Delegates; and the Justices, there summoned to attend for the preservation of
the peace, shall be judges thereof, and of the qualification of candidates, who
shall appoint a Clerk, to take the ballots. All freemen above the age of
twenty-one years, having a freehold of fifty acres of land in the county in
which they offer to ballot, and residing therein-and all freemen above the age
of twenty-one years, and having property in the State above the value of thirty
pounds current money, and having resided in the county in which they offer to
ballot one whole year next preceding the election-shall have a right of
suffrage. No person to be eligible to the office of Sheriff for a county, but an
inhabitant of the said county above the age of twenty-one years, and having real
and personal property in the State above the value of one thousand pounds
current money. The Justices aforesaid shall examine the ballots; and the two
candidates properly qualified, having in each county the majority of legal
ballots, shall be declared duly elected for the office of Sheriff, for such
county, and returned to the Governor and Council, with a certificate of the
number of ballots for each of them.
XLIII. That every person who shall offer to vote for Delegates, or for the
election of the Senate, or for the Sheriff, shall (if required by any three
persons qualified to vote) before he be permitted to poll, take such oath or
affirmation of support and fidelity to this State, as this Convention or the
Legislature shall direct.
XLIV. That a Justice of the Peace may be eligible as a Senator, Delegate, or
member of the Council, and may continue to act as a Justice of the Peace.
XLV. That no field officer of the militia be eligible as a Senator, Delegate,
or member of the Council.
XLVI. That all civil officers, hereafter to be appointed for the several
counties of this State, shall have been residents of the county, respectively,
for which they shall be appointed, six months next before their appointment; and
shall continue residents of their county, respectively, during their continuance
in office.
XLVII. That the Judges of the General Court, and Justices of the County
Courts, may appoint the Clerks of their respective Courts; and in case of
refusal, death, resignation, disqualification,, or removal out of the State, or
from their respective shores, of the Clerks of the General Court, or either of
them, in the vacation of the said Court- and in case of the refusal, death,
resignation, disqualification, or removal out of the county, of any of the said
County Clerks, in the vacation of the County Court of which he is Clerk--the
Governor, with the advice of the Council, may appoint and commission a fit and
proper person to such vacant office respectively, to fold the same until the
meeting of the next General Court, or County Court, as the case may be.
XLVIII. That the Governor, for the time being, with the advice and consent of
the Council, may appoint the Chancellor, and all Judges and Justices, the
Attorney-General, Naval Officers, officers in the regular land and sea service,
officers of the militia, Registers of the Land Office, Surveyors, and all other
civil officers of government (Assessors, Constables, and Overseers of the roads
only excepted) and may also suspend or remove any civil officer who has not a
commission, during good behaviour; and may suspend any militia officer, for one
month: and may also suspend or remove any regular officer in the land or sea
service: and the Governor may remove or suspend any militia officer, in
pursuance of the judgment of a Court Martial.
XLIX. That all civil officers of the appointment of the Governor and Council,
who do not hold commissions during good behaviour, shall be appointed annually
in the third week of November. But if any of them shall be reappointed, they may
continue to act, without any new commission or qualification; and every officer,
though not reappointed, shall continue to act, until the person who shall be
appointed and commissioned in his stead shall be qualified.
L. That the Governor, every member of the Council, and every Judge and
Justice, before they act as such, shall respectively take an oath, " That he
will not, through favour, affection or partiality vote for any person to office;
and that he will vote for such person as, in his judgment and conscience, he
believes most fit and best qualified for the office; and that he has not made,
nor will make. any promise or engagement to give his vote or interest in favor
of any person."
LI. That there be two Registers of the Land Office, one upon the western, and
one upon the eastern shore: that short extracts of the grants and certificates
of the land, on the western and eastern shores respectively, be made in separate
books, at the public expense, and deposited in the offices of the said
Registers, in such manner as shall hereafter be provided by the General
Assembly.
LII. That every Chancellor, Judge, Register of Wills, Commissioner of the
Loan Office, Attorney-General, Sheriff, Treasurer, Naval Officer, Register of
the Land Office, Register of the Chancery Court, and every Clerk of the common
law courts, Surveyor and Auditor of the public accounts, before he acts as such,
shall take an oath " That he will not directly or indirectly receive any fee or
reward, for doing his office of , but what is or shall be allowed by law; nor
will, directly or indirectly, receive the profits or any part of the profits of
any office held by any other person, and that he does not hold the same office
in trust, or for the benefit of any other person."
LIII. That if any Governor, Chancellor, Judge, Register of Wills,
Attorney-General, Register of the Land Office, Register of the Chancery Court,
or any Clerk of the common law courts, Treasurer, Naval Officer, Sheriff,
Surveyor or Auditor of public accounts, shall receive, directly or indirectly,
at any time, the profits, or any part of the profits of any office, held by any
other person, during his acting in the office to which he is appointed; his
election, appointment and commission (on conviction in a court of law by oath of
two credible witnesses) shall be void; and he shall suffer the punishment for
wilful and corrupt perjury, or be banished this State forever, or disqualified
forever from holding any office or place of trust or profit, as the court may
adjudge.
LIV. That if any person shall give any bribe, present, or reward, or any
promise, or any security for the payment or delivery of any money, or any other
thing, to obtain or procure a vote to be Governor, Senator, Delegate to Congress
or Assembly, member of the Council, or Judge, or to be appointed to any of the
said offices, or to any office of profit or trust, now created or hereafter to
be created in this State-the person giving, and the person receiving the same
(on conviction in a court of law) shall be forever disqualified to hold any
office of trust or profit in this State.
LV. That every person, appointed to any office of profit or trust, shall,
before he enters on the execution thereof, take the following oath; to wit :-"
I, A. B., do swear, that I do not hold myself bound in allegiance to the King of
Great Britain, and that I will be faithful, and bear true allegiance to the
State of Maryland; " and shall also subscribe a declaration of his belief in the
Christian religion.
LVI. That there be a Court of Appeals, composed of persons of integrity and
sound judgment in the law, whose judgment shall be final and conclusive, in all
cases of appeal, from the General Court, Court of Chancery, and Court of
Admiralty: that one person of integrity and sound judgment in the law, be
appointed Chancellor: that three persons of integrity and sound judgment in the
law, be appointed judges of the Court now called the Provincial Court; and that
the same Court be hereafter called and known by the name of
The General
Court; which Court shall sit on the western and eastern shores, for
transacting and determining the business of the respective shores, at such times
and places as the future Legislature of this State shall direct and appoint.
LVII. That the style of all laws run thus;
"Be it enacted by the General
Assembly of Maryland:" that all public commissions and grants run thus;
"The State of Maryland," &c. and shall be signed by the Governor, and
attested by the Chancellor, with the seal of the State annexed-except military
commissions, which shall not be attested by the Chancellor or have the seal of
the State annexed: that all writs shall run in the same style, and be
attesteted, sealed and signed a usual: that all indictments shall conclude,
"Against the peace, government, and dignity of the State."
LVIII. That all penalties and forfeitures, heretofore going to the King or
proprietary, shall go to the State-save only such, as the General Assembly may
abolish or otherwise provide for.
LIX. That this Form of Government, and the Declaration of Rights, and no part
thereof, shall be altered, changed, or abolished, unless a bill so to alter,
change or abolish the same shall pass the General Assembly, and be published at
least three months before a new election, and shall be confirmed by the General
Assembly, after a new election of Delegates, in the first session after such new
election; provided that nothing in this form of government, which relates to the
eastern shore particularly, shall at any time hereafter be altered, unless for
the alteration and confirmation thereof at least two-thirds of all the members
of each branch of the General Assembly shall concur.
LX. That every bill passed by the General Assembly, when engrossed, shall be
presented by the Speaker of the House of Delegates, in the Senate, to the
Governor for the time being, who shall sign the same, and thereto affix the
Great Seal, in the presence of the members of both Houses: every law shall be
recorded in the General Court office of the western shore, and in due time
printed, published, and certified under the Great Seal, to the several County
Courts, in the same manner as hath been heretofore used in this State.
This Form of Government was assented to, and passed in Convention of the
Delegates of the freemen of Maryland, begun and held at the city of Annapolis,
the fourteenth of August, A. D. one thousand seven hundred and seventy-six.
By order of the Convention.
M. TILGHMAN, President.
Notes:
(1) Verified by "A Collection of the Constitutions of The
Thirteen United States of North America. Published by Order of Congress,
Philadelphia, By John Bryce, 1783."
This constitution was framed by a convention which met at Annapolis August
14, 1776, and completed its labors November 11, 1776. It was not submitted to
the people.
Source:
The Federal and State Constitutions Colonial
Charters, and Other Organic Laws of the States, Territories, and Colonies Now or
Heretofore Forming the United States of America
Compiled and Edited Under the
Act of Congress of June 30, 1906 by Francis Newton Thorpe
Washington, DC :
Government Printing Office, 1909. |
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The text was found here:
http://avalon.law.yale.edu/17th_century/ma02.asp
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