USA > Maryland > Leading events of Maryland history; with topical analyses, references, and questions for original thought and research > Part 18
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J. M. G.
275
276
LEADING EVENTS OF MARYLAND HISTORY
Philip Calvert 1660
Charles Calvert 166
Cecilius Calvert, a minor ;
Jesse Wharton, deputy, and
later Thomas Notley
1676
Thomas Notley . 1676
Charles Calvert, Lord Baltimore,
in person .
. 1679
Benedict Leonard Calvert, a
minor ; government adminis- tered by Council 1684 William Joseph, President of
the Council . . 1688
Convention of Protestant Asso- ciation . . 1689
Royal Governors
Lionel Copley . . 1692
Thomas Tench, President of
the Council . 1702
John Seymour . 1704
Edward Lloyd, President of the
Francis Nicholson . · 1694
Council · 1709
Nathaniel Blackiston .
1699
John Hart
. 1714
Proprietary Governors
John Hart
. 1715
Samuel Ogle I733
Thomas Brooke, President of
the Council
1720
Samuel Ogle
1747
Charles Calvert 1720
Benjamin Tasker, President of
Benedict Leonard Calvert . 1727
the Council . 1752
Samuel Ogle
. 1731
Horatio Sharpe 1753
Charles, Lord Baltimore, in
Robert Eden
1769-1776
person .
1732
Convention and Council of Safety, 1774-1777
STATE GOVERNORS OF MARYLAND
Thomas Johnson 1777
James Brice . · 1792
Thomas Sim Lee
I779
Thomas Sim Lee
1792
William Paca
1782
John H. Stone .
1794
William Smallwood
1785
John Henry .
1797
John Eager Howard
1788
Benjamin Ogle . 1798
George Plater
1791
John Francis Mercer
1801
Edmund Andros (ad interim) 1693
Thomas Lawrence, President of the Council . 1694
Thomas Bladen
1742
277
APPENDIXES
Robert Bowie
1803
Thomas G. Pratt 1845
Robert Wright .
1806
Philip F. Thomas . 1848
James Butcher
. 1809
E. Louis Lowe .
. 1851
Edward Lloyd .
1809
T. Watkins Ligon . 1854
Robert Bowie
18II
Thomas Holliday Hicks . 1858
Levin Winder
. 1812
Augustus W. Bradford 1862
Charles Ridgely
1816
Thomas Swann
. 1865
Charles Goldsborough
. 1819
Oden Bowie
1868
Samuel Sprigg
1819
William Pinkney White .
· 1872
Samuel Stevens, Jr.
. 1822
James Black Groome .
1874
Joseph Kent
1826
John Lee Carroll . 1876
Daniel Martin
· 1829
William T. Hamilton . 1880
Thomas King Carroll
· 1830
Robert M. McLane
. 1884
Daniel Martin
1831
Henry Lloyd
. 1885
George Howard
1831
Elihu E. Jackson
. 1888
James Thomas .
1833
Frank Brown
1892
Thomas W. Veazey
1836
Lloyd Lowndes
. 1896
William Grason
· 1839
John Walter Smith · 1900
Francis Thomas
. 1842
Edwin Warfield
· 1904
C
TOWNS OF MARYLAND
Having a population of more than 3,000 (U.S. Census, 1900)
Baltimore city
. 508,957
Frostburg
5,274
Cumberland .
17,128
Salisbury .
4.277
Hagerstown .
13,591
Havre de Grace 3,423
Frederick
9,296 Westminster
3,199
Annapolis
8,402
Crisfield 3,165
Cambridge
5,747
Easton
3,074
Chestertown
3,008
.
278
LEADING EVENTS OF MARYLAND HISTORY
CONSTITUTION OF MARYLAND
ADOPTED BY THE CONVENTION
WHICH ASSEMBLED AT THE CITY OF ANNAPOLIS ON THE EIGHTH DAY OF MAY, EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND ADJOURNED ON THE SEVENTEENTH DAY OF AUGUST, EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND RATIFIED BY THE PEOPLE ON THE EIGHTEENTH DAY OF SEPTEMBER, EIGHTEEN HUNDRED AND SIXTY-SEVEN, WITH AMENDMENTS AND DE- CISIONS OF THE COURT OF APPEALS, TO AND INCLUDING 94 MD.
DECLARATION OF RIGHTS
Preamble
We, the people of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof declare : -
Origin and foundation of government. Right of reform
Article I. That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole ; and they have, at all times, the inalienable right to alter, reform or abolish their form of Government in such manner as they may deem expedient.
Constitution of the U. S. the supreme law
Art. 2. The Constitution of the United States, and the Laws made or which shall be made in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are and shall be the Supreme Law of the State ; and the Judges of this State, and all the People of this State, are, and shall be bound thereby, anything in the Constitution or Law of this State to the contrary notwithstanding.
Powers reserved
Art. 3. The powers not delegated to the United States by the Constitution thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the People thereof.
279
CONSTITUTION OF MARYLAND
State's rights
Art. 4. That the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign, and independent State.
Common law : trial by jury - English statutes - Charter of the State
Art. 5. That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six ; and which, by experience, have been found applicable to their local and other circumstances, and have been intro- duced, used and practiced by the Courts of Law or Equity ; and also of all Acts of Assembly in force on the first day of June, eighteen hundred and sixty-seven ; except such as may have since expired, or may be inconsistent with the provisions of this Constitution ; subject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State. And the In- habitants of Maryland are also entitled to all property derived to them from or under the Charter granted by His Majesty, Charles the First, to Cæcilius Calvert, Baron of Baltimore.
Right of reform - Non-resistance
Art. 6. That all persons invested with the Legislative or Executive powers of Government are 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 ineffect- ual, 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 op- pression is absurd, slavish and destructive of the good and happiness of man- kind.
Right of suffrage
Art. 7. That the right of the People to participate in the Legislature is the best security of liberty and the foundation of all free Government; for this purpose elections ought to be free and frequent, and every white 1 male citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage.
1 The word "white" omitted under the 15th Amendment to the Constitution of the United States.
280
LEADING EVENTS OF MARYLAND HISTORY
Separation of the departments of government
Art. 8. That the Legislative, Executive and Judicial powers of Government ought to be forever 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.
Suspension of laws
Art. 9. That no power of suspending Laws or the execution of Laws, unless by, or derived from the Legislature, ought to be exercised, or allowed.
Freedom of speech
Art. 10. That freedom of speech and debate, or proceedings in the Legis- lature, ought not to be impeached in any Court of Judicature.
Seat of government
Art. II. That Annapolis be the place of meeting of the Legislature and the Legislature ought not to be convened, or held at any other place but from evident necessity.
Meeting of Legislature
Art. 12. That for redress of grievances, and for amending, strengthening, and for preserving the laws, the Legislature ought to be frequently convened.
Right of petition
Art. 13. That every man hath a right to petition the Legislature for the redress of grievances in a peaceful and orderly manner.
Levying of taxes
Art. 14. That no aid, charge, tax, burthen or fees ought to be rated, or levied, under any pretence, without the consent of the Legislature.
Poll tax - Taxation according to actual worth - Fines
Art. 15. That the levying of taxes by the poll is grievous and oppressive, and ought to be prohibited ; that paupers ought not to be assessed for the support of the Government ; but every person in the State, or person holding property therein, ought to contribute his proportion of public taxes for the support of the Government, according to his actual worth in real or personal property ; yet fines, duties or taxes may properly and justly be imposed, or laid with a political view for the good government and benefit of the community.
28I
CONSTITUTION OF MARYLAND
Sanguinary laws
Art. 16. That sanguinary Laws ought to be avoided as far as it is consistent with the safety of the State; and no Law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time, hereafter.
Retrospective laws
Art. 17. That retrospective Laws, punishing acts committed before the ex- istence 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 ; nor any retrospective oath or restriction be imposed or required.
Attainder
Art. 18. That no Law to attaint particular persons of treason or felony, ought to be made in any case, or at any time, hereafter.
Right to have justice
Art. 19. That every man, for any injury done to him in his person or prop- erty 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 Law of the Land.
Trial of facts
Art. 20. That the trial of facts, where they arise, is one of the greatest securities of the lives, liberties and estate of the People.
Criminal prosecutions ; indictment- Counsel and witnesses - Trial by jury
Art. 21. 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.
Evidence against oneself
Art. 22. That no man ought to be compelled to give evidence against himself in a criminal case.
282
LEADING EVENTS OF MARYLAND HISTORY
· Freemen not to be imprisoned
Art. 23. That no man ought to be taken or imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or exiled. or in any manner destroyed, or deprived of his life, liberty or property, but by the judgment of his peers, or by the Law of the Land.
Slavery abolished
Art. 24. That Slavery shall not be re-established in this State ; but having been abolished, under the policy and authority of the United States, compen- sation, in consideration thereof, is due from the United States.
Bail and fines
Art. 25. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted by the Courts of Law.
Search warrants
Art. 26. That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive ; and all general warrants to 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.
Corruption of blood
Art. 27. That no conviction shall work corruption of blood or forfeiture of estate.
Militia
Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.
Standing armies
Art. 29. That Standing Armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the Legislature.
Military subject to civil power
Art. 30. That in all cases, and at all times, the military ought to be under strict subordination to, and control of, the civil power.
.
283
CONSTITUTION OF MARYLAND
Quartering of soldiers
Art. 31. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by Law.
Martial law
Art. 32. That no person except regular soldiers, marines and mariners 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.
Judiciary
Art. 33. That the independency and uprightness of Judges are essential to the impartial administration of Justice, and a great security to the rights and liberties of the People ; wherefore, the Judges shall not be removed, except in the manner, and for the causes, provided in this Constitution. No Judge shall hold any other office, civil or military or political trust, or employment of any kind whatsoever, under the Constitution or Laws of this State, or of the United States, or any of them ; or receive fees, or perquisites of any kind, for the discharge of his official duties.
Rotation in office
Art. 34. That a long continuance in the Executive Departments of power or trust is dangerous to liberty ; a rotation, therefore, in those Departments is one of the best securities of permanent freedom.
Holding offices - Presents
Art. 35. That no person shall hold, at the same time, more than one office of profit, created by the Constitution or Laws of this State ; nor shall any per- son in public trust receive any present from any foreign Prince or State, or from the United States, or any of them, without the approbation of this State.
Religious liberty - Witnesses
Art. 36. That as it is the duty of every man to worship God in such manner as he thinks most acceptable to Him, all persons are equally entitled to protection in their religious liberty ; wherefore, no person ought. by any law to be molested in his person or estate. on account of his religious persua- sion or profession, or for his religious practice, unless, under the color of religion, he shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious
284
LEADING EVENTS OF MARYLAND HISTORY
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, otherwise competent be deemed incompetent as a witness, or juror, on account of his religious belief ; provided, he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor in this world or the world to come.
Oath of office
Art. 37. That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God ; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution.
Disqualifications of Ministers and religious bodies
Art. 38. That every gift, sale or devise of land 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 goods, or chattels, to go in succession, or to take place after the death of the Seller or Donor, to or for such support, use or benefit ; and also every devise of goods or chattels to or for the support, use or benefit of any Minister, Public Teacher or Preacher of the Gospel, as such, or any Religious Sect, Order or Denomina- tion, without the prior or subsequent sanction of the Legislature, shall be void ; except always, any sale, gift, lease or devise of any quantity of land, not exceed- ing five acres, for a church, meeting-house, or other house of worship, or par- sonage, or for a burying-ground, which shall be improved, enjoyed or used only for such purpose ; or such sale, gift, lease or devise shall be void.
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.
285
CONSTITUTION OF MARYLAND
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 white 1 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.
286
LEADING EVENTS OF MARYLAND HISTORY
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
287
CONSTITUTION OF MARYLAND
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
288
LEADING EVENTS OF MARYLAND HISTORY
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 I. 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.
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