USA > Maryland > Leading Events of Maryland History: With Topical Analyses, References, and questions for original thought and research, revised and enlarge > Part 19
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Administering oaths
Art. 39. That the manner of administering the 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.
Liberty of the press
Art. 40. That the liberty of the press ought to be inviolably preserved ; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects, being responsible for the abuse of that privilege.
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Monopolies
Art. 41. That monopolies are odious, contrary to the spirit of a free govern- ment and the principles of commerce, and ought not to be suffered.
Titles of nobility
Art. 42. That no title of nobility or hereditary honors ought to be granted in this State.
Duties of the Legislature
Art. 43. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the pro- motion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general amelioration of the condition of the people.
Constitutions apply in war and peace
Art. 44. That the provisions of the Constitution of the United States, and of this State, apply as well in time of war as in time of peace ; and any depar- ture therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government and tends to anarchy and despotism.
Rights retained by the people
Art. 45. This enumeration of Rights shall not be construed to impair or deny others retained by the People.
CONSTITUTION
All Amendments are Included in Brackets and Follow the Sections as Originally Adopted
ARTICLE I
ELECTIVE FRANCHISE
Elections by ballot - Qualifications of voters - Residence - Removal
Section 1. All elections shall be by ballot ; and every white1 male citi- zen of the United States, of the age of twenty-one years, or upwards, who has been a resident of the State for one year, and of the Legislative District of Baltimore city, or of the county, in which he may offer to vote, for six months
1 The word "white " omitted under the 15th Amendment to the Constitution of the United States.
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next preceding the election, shall be entitled to vote, in the ward or election district in which he resides, at all elections hereafter to be held in this state ; and in case any county or city shall be so divided as to form portions of dif- ferent electoral districts, for the election of Representatives in Congress, Sena- tors, Delegates, or other Officers, then to entitle a person to vote for such officer, he must have been a resident of that part of the county, or city, which shall form a part of the electoral district, in which he offers to vote for six months next preceding the election ; but a person, who shall have acquired a residence in such county or city, entitling him to vote at any such election, shall be entitled to vote in the election district from which he removed, until he shall have acquired a residence in the part of the county or city to which he has removed.
Disqualifications
Sec. 2. No person above the age of twenty-one years, convicted of larceny or other infamous crime, unless pardoned by the Governor, shall ever there- after be entitled to vote at any election in this State; and no person under guardianship, as a lunatic, or a person non compos mentis, shall be entitled to vote.
Bribery - Penalties
Sec. 3. If any person shall give, or offer to give, directly or indirectly, any bribe, present, or reward, or any promise, or any security, for the payment or the delivery of money, or any other thing, to induce any voter to refrain from casting his vote, or to prevent him in any way from voting, or to procure a vote for any candidate or person proposed, or voted for, as Elector of President and Vice-President of the United States, or Representative in Congress, or for any office of profit or trust, created by the Constitution or Laws of this State, or by the ordinances, or Authority of the Mayor and City Council of Baltimore, the person giving, or offering to give, and the person receiving the same, and any person who gives, or causes to be given, an illegal vote, knowing it to be such, at any election to be hereafter held in this State, shall, on conviction in a Court of Law, in addition to the penalties now or hereafter to be imposed by law, be forever disqualified to hold any office of profit or trust, or to vote at any election thereafter.
Punishment for illegal voting
Sec. 4. It shall be the duty of the General Assembly to pass Laws to pun- ish, with fine and imprisonment, any person who shall remove into any election district or precinct of any ward of the City of Baltimore, not for the purpose of acquiring a bona fide residence therein, but for the purpose of voting at an approaching election, or who shall vote in any election district or ward in
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which he does not reside (except in the case provided for in this Article), or shall, at the same election, vote in more than one election district, or precinct, or shall vote, or offer to vote, in any name not his own, or in place of any other person of the same name, or shall vote in any county in which he does not reside.
Registration
Sec. 5. The General Assembly shall provide by law for a uniform Regis- tration of the names of all the voters in this State who possess the qualifi- cations prescribed in this Article, which Registration shall be conclusive evidence to the Judges of election of the right of every person thus registered to vote at any election thereafter held in this State; but no person shall vote at any election, Federal or State, hereafter to be held in this State, or at any municipal election in the City of Baltimore, unless his name appears in the list of registered voters; and until the General Assembly shall hereafter pass an Act for the Registration of the names of voters, the law in force on the first day of June, in the year eighteen hundred and sixty-seven, in reference thereto, shall be continued in force, except so far as it may be inconsistent with the provisions of this Constitution ; and the registry of voters, made in pursuance thereof, may be corrected, as provided in said law; but the names of all persons shall be added to the list of qualified voters by the officers of Registration, who have the qualifications prescribed in the first section of this Article, and who are not disqualified under the provisions of the second and third sections thereof.
Oath of office
Sec. 6. Every person elected or appointed to any office of profit or trust, under this Constitution, or under the laws, made pursuant thereto, shall, be- fore he enters upon the duties of such office, take and subscribe the following oath or affirmation: I, -, do swear, (or affirm, as the case may be,) that I will support the Constitution of the United States ; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitu- tion and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of -, according to the Constitution and Laws of this State, (and, if a Gov- ernor, 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 term of my acting as -.
New election on refusal to take oath
Sec. 7. Every person hereafter elected or appointed to office in this State, who shall refuse or neglect to take the oath or affirmation of office provided
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for in the sixth section of this Article, shall be considered as having refused to accept the said office ; and a new election or appointment shall be made, as in case of refusal to accept, or resignation of an office; and any person violat- ing said oath shall, on conviction thereof, in a Court of Law, in addition to the penalties now or hereafter to be imposed by law, be thereafter incapable of holding any office of profit or trust in this State.
ARTICLE II
EXECUTIVE DEPARTMENT Governor's term of office
Section 1. The executive power of the State shall be vested in a Governor, whose term of office shall commence on the second Wednesday of January next ensuing his election, and continue for four years, and until his successor shall have qualified ; but the Governor chosen at the first election under this Constitution shall not enter upon the discharge of the duties of the office until the expiration of the term for which the present incumbent was elected ; unless the said office shall become vacant by death, resignation, removal from the State, or other disqualification of the said incumbent.
Time, place, and manner of electing governor
Sec. 2. An election for Governor, under this Constitution, shall be held on the Tuesday next after the first Monday of November, in the year eighteen hundred and sixty-seven, and on the same day and month in every fourth year thereafter, at the places of voting for delegates to the General Assembly ; and every person qualified to vote for Delegates shall be qualified and entitled to vote for Governor ; the election to be held in the same manner as the election of Delegates, and the returns thereof under seal to be addressed to the Speaker of the House of Delegates, and enclosed and transmitted to the Secretary of State, and delivered to said Speaker, at the commencement of the session of the General Assembly next ensuing said election.
Plurality to elect
Sec. 3. The Speaker of the House of Delegates shall then open the said returns in the presence of both Houses; and the person having the highest number of votes, and being constitutionally eligible, shall be the Governor, and shall qualify, in the manner herein prescribed, on the second Wednesday of January next ensuing his election, or as soon thereafter as may be practicable.
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Tie vote - House to decide all questions
Sec. 4. If two or more persons shall have the highest and an equal number of votes for Governor, one of them shall be chosen Governor by the Senate and House of Delegates, and all questions in relation to the eligibility of Gov- , ernor, and to the returns of said election, and to the number and legality of votes therein given, shall be determined by the House of Delegates ; and if the person or persons, having the highest number of votes, be ineligible, the Governor shall be chosen by the Senate and House of Delegates. Every election of Governor by the General Assembly shall be determined by a joint majority of the Senate and House of Delegates, and the vote shall be taken viva voce. But if two or more persons shall have the highest and an equal number of votes, then a second vote shall be taken, which shall be confined to the persons having an equal number ; and if the vote should again be equal, then the election of Governor shall be determined by lot between those who shall have the highest and an equal number on the first vote.
Qualifications of governor
Sec. 5. A person to be eligible to the office of Governor must have attained the age of thirty years, and must have been for ten years a citizen of the State of Maryland, and for five years next preceding his election a resident of the State, and, at the time of his election, a qualified voter therein.
Election by assembly
Sec. 6. In the case of death or resignation of the Governor, or of his removal from the State, or other disqualification, the General Assembly, if in session, or if not, at their next session, shall elect some other qualified person to be Governor for the residue of the term for which the said Governor had been elected.
Succession - Impeachment
Sec. 7. In case of any vacancy in the office of Governor, during the recess of the Legislature, the President of the Senate shall discharge the duties of said office, until a Governor is elected, as herein provided for; and in case of the death or resignation of the said President, or of his removal from the State, or of his refusal to serve, then the duties of said office shall, in like manner, and for the same interval, devolve upon the Speaker of the House of Delegates. And the Legislature may provide by Law, for the impeachment of the Governor; and in case of his conviction, or his inability, may declare what person shall perform the Executive duties; and for any vacancy in said office not herein provided for, provision may be made by Law; and if such
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vacancy should occur without such provision being made, the Legislature shall be convened by the Secretary of State for the purpose of filling said vacancy.
Governor to be commander-in-chief of Militia
Sec. 8. The Governor shall be the commander-in-chief of the land and naval forces of the State ; and may call out the Militia to repel invasions, sup- press insurrections, and enforce the execution of the Laws; but shall not take the command in person, without the consent of the Legislature.
Duties
Sec. 9. He shall take care that the Laws are faithfully executed.
Appointments
Sec. 10. He shall nominate, and by and with the advice and consent of the Senate, appoint all civil and military officers of the State, whose appoint- ment or election is not otherwise herein provided for; unless a different mode of appointment be prescribed by the Law creating the office.
Appointments during recess
Sec. 11. In case of any vacancy during the recess of the Senate, in any office which the Governor has power to fill, he shall appoint some suitable person to said office, whose commission shall continue in force until the end of the next session of the Legislature, or until some other person is appointed to the same office, whichever shall first occur; and the nomination of the person thus appointed during the recess, or of some other person in his place, shall be made to the Senate within thirty days after the next meeting of the Legislature.
Rejection by Senate
Sec. 12. No person, after being rejected by the Senate, shall be again nominated for the same office at the same session, unless at the request of the Senate; or be appointed to the same office during the recess of the Legislature.
Time of nomination - Term of office
Sec. 13. All civil officers appointed by the Governor and Senate, shall be nominated to the Senate within fifty days from the commencement of each regular session of the Legislature; and their term of office, except in cases otherwise provided for in this Constitution, shall commence on the first Mon- day of May next ensuing their appointment, and continue for two years,
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(unless removed from office), and until their successors, respectively, qualify according to law; but the term of office of the Inspectors of Tobacco shall commence on the first Monday of March next ensuing their appointment.
Vacancy during session
Sec. 14. If a vacancy shall occur during the session of the Senate, in any office which the Governor and Senate have the power to fill, the Governor shall nominate to the Senate, before its final adjournment a proper person to fill said vacancy, unless such vacancy occurs within ten days before said final adjournment.
Courts martial
Sec. 15. The Governor may suspend or arrest any military officer of the State for disobedience of orders or other military offense; and may remove him in pursuance of the sentence of a Court Martial; and may remove for incompetency or misconduct, all civil officers who received appointment from the Executive for a term of years.
Extra sessions of Legislature
Sec. 16. The Governor shall convene the Legislature, or the Senate alone, on extraordinary occasions ; and whenever from the presence of an enemy, or from any other cause, the Seat of Government shall become an unsafe place for the meeting of the Legislature, he may direct their sessions to be held at some other convenient place.
Veto power - Vetoed bills : how passed - Yeas and nays - Veto within six days
Sec. 17. To guard against hasty or partial legislation and encroachments of the Legislative Department upon the co-ordinate, Executive and Judicial Departments, every Bill which shall have passed the House of Delegates, and the Senate shall, before it becomes a law, be presented to the Governor of the State; if he approve he shall sign it, but if not he shall return it with his objections to the House in which it originated, which House shall enter the objections at large on its Journal and proceed to reconsider the Bill ; if, after such reconsideration, three-fifths of the members elected to that House shall pass the Bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if it pass by three-fifths of the members elected to that House it shall become a law ; but in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the per- sons voting for and against the Bill shall be entered on the Journal of each
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House, respectively. If any bill shall not be returned by the Governor within six days (Sundays excepted), after it shall have been presented to him, the same shall be a law in like manner as if he signed it, unless the General As- sembly shall, by adjournment, prevent its return, in which case it shall not be a law.
Veto of items
[The Governor shall have power to disapprove of any item or items of any Bills making appropriations of money embracing distinct items, and the part or parts of the Bill approved shall be the law, and the item or items of ap- propriations disapproved shall be void unless repassed according to the rules or limitations prescribed for the passage of other Bills over the Executive veto. ]1
Governor to examine Treasury accounts
Sec. 18. It shall be the duty of the Governor, semi-annually, (and oftener, if he deems it expedient), to examine under oath the Treasurer and Comp- troller of the State on all matters pertaining to their respective offices, and inspect and review their bank and other account books.
Recommendations
Sec. 19. He shall, from time to time, inform the Legislature of the con- dition of the State, and recommend to their consideration such measures as he may judge necessary and expedient.
Pardons - Notice in newspapers - Reports to Legislature
Sec. 20. He shall have power to grant reprieves and pardons, except in cases of impeachment, and in cases in which he is prohibited by other Articles of this Constitution ; and to remit fines and forfeitures for offenses against the State ; but shall not remit the principal or interest of any debt due the State, except in cases of fines and forfeitures ; and before granting a nolle prosequi, or pardon, he shall give notice, in one or more newspapers, of the application made for it, and of the day on or after which his decision will be given ; and in every case in which he exercises this power, he shall report to either Branch of the Legislature, whenever required, the petitions, recommendations and reasons which influenced his decision.
Residence and salary
Sec. 21. The Governor shall reside at the seat of government, and receive for his services an annual salary of four thousand five hundred dollars.
1 Thus amended by Chapter 194, Acts of 1890, ratified by the people, November 3d, 1891.
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Secretary of State
Sec. 22. A Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall continue in office, unless sooner removed by the Governor, till the end of the official term of the Governor from whom he received his appointment, and receive an annual salary of two thousand dollars, and shall reside at the seat of government ; and the office of Private Secretary shall thenceforth cease.
Duties of Secretary
Sec. 23. The Secretary of State shall carefully keep and preserve a record of all official acts and proceedings, which may at all times be inspected by a committee of either branch of the Legislature ; and he shall perform such other duties as may be prescribed by law, or as may properly belong to his office, together with all clerical duty belonging to the Executive Department.
ARTICLE III LEGISLATIVE DEPARTMENT
Section 1. The Legislature shall consist of two distinct branches - a Senate and a House of Delegates - and shall be styled the General Assembly of Maryland.
Election of Senators - Term
Sec. 2. Each County in the State, and each of the three Legislative Districts of Baltimore City, as they are now, or may hereafter be defined, shall be entitled to one Senator, who shall be elected by the qualified voters of the Counties, and of the Legislative Districts of Baltimore City, respectively, and shall serve for four years from the date of his election, subject to the classifica- tion of Senators hereafter provided for.
Legislative districts - Election of Senators - Term
[Sec. 2. The City of Baltimore shall be divided into four legislative dis- tricts, as near as may be, of equal population and contiguous territory, and each of said legislative districts of Baltimore City, as they may from time to time be laid out, in accordance with the provisions hereof, and each county in the State shall be entitled to one Senator, who shall be elected by the qualified voters of the said legislative districts of Baltimore City, and of the counties
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of the State, respectively, and shall serve for four years from the date of his election, subject to the classification of Senators hereafter provided for. ] 1
Representation in House
Sec. 3. Until the taking and publishing of the next National Census, or until the enumeration of the population of this State, under the authority thereof, the several counties and the City of Baltimore, shall have a repre- sentation in the House of Delegates, as follows : Allegany, five Delegates ; Anne Arundel County, three Delegates ; Baltimore County, six Delegates ; each of the three Legislative Districts of the City of Baltimore, six Delegates ; Calvert County, two Delegates ; Caroline County, two Delegates ; Carroll County, four Delegates ; Cecil County, four Delegates ; Charles County, two Delegates ; Dorchester County, three Delegates ; Frederick County, six Dele- gates ; Harford County, four Delegates ; Howard County, two Delegates ; Kent County, two Delegates ; Montgomery County, three Delegates ; Prince George's County, three Delegates ; Queen Anne's County, two Delegates ; St. Mary's County, two Delegates ; Somerset County, three Delegates. ; Talbot County, two Delegates ; Washington County, five Delegates ; and Worcester County, three Delegates.2
Basis of representation in House - Legislative districts in Baltimore City may be changed
Sec. 4. As soon as may be after the taking and publishing of the next Na- tional Census, or after the enumeration of the population of this State, under the authority thereof, there shall be an apportionment of representation in the House of Delegates, to be made on the following basis, to wit : Each of the several Counties of the State having a population of eighteen thousand souls, or less, shall be entitled to two Delegates, and every County having a population of over eighteen thousand, and less than twenty-eight thousand souls, shall be
1 Thus amended by Act of 1900, Chapter 469, ratified by the people at November election, 1901.
2 Under the State Census authorized by the Act of 1901 (Special Session), and by the amendment to Sec. 2, the allotment of representation of the several counties in the House of Delegates is as follows : Allegany County, five ; Anne Arundel County, four ; Baltimore County, six ; Calvert County, two ; Caroline County, two ; Carroll County, four ; Cecil County, three ; Charles County, two ; Dorchester County, four ; Frederick County, five ; Garrett County, two ; Harford County, four ; Howard County, two ; Kent County, two ; Montgomery County, four ; Prince George's County, four ; Queen Anne's County, three ; Somerset County, three ; St. Mary's County, two ; Talbot County, three ; Washing- ton County, five ; Wicomico County, three ; Worcester County, three ; and Baltimore City, twenty-four delegates. Total, IOI.
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entitled to three Delegates ; and every County having a population of twenty- eight thousand, and less than forty thousand souls, shall be entitled to four Delegates ; and every County having a population of forty thousand, and less than fifty-five thousand souls, shall be entitled to five Delegates; and every County having a population of fifty-five thousand souls, and upwards, shall be entitled to six Delegates, and no more ; and each of the three Legislative Districts of the City of Baltimore shall be entitled to the number of Delegates to which the largest County shall or may be entitled, under the aforegoing apportionment. And the General Assembly shall have power to provide by law, from time to time, for altering and changing the boundaries of the three existing Legislative Districts of the City of Baltimore, so as to make them, as near as may be, of equal population ; but said Districts shall always consist of contiguous territory.
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