declares "that the liberty of the press ought to be inviolably preserved:" and guarantees to every citizen, the right of petitioning the legislature for the redress of grievances in a peaceable and orderly manner. (25)

(5) Those relative to the enactment and publication of laws.

The manner of originating and passing bills or resolutions, in each House of Assembly, is determined by its rules; which have full control over all that relates to the mere forms of proceeding. The Constitution only prescribes the enacting style of laws, and directs the manner in which they shall be authenticated, published, and recorded. All bills passed by the General Assembly, when engrossed, shall be presented by the Speaker of the House of Delegates, in the Senate chamber, to the Governor, who shall sign the same, and affix thereto the great seal of the State. They are then recorded, and certified to the counties. The original place of record was the General Court office, from which it was transferred, upon the abolition of that court in 1805, to the office of the Court of Appeals for the Western Shore. (26)

(25) Bill of Rights, art. 11th and 38th.

(26) For the speedy and general circulation of the acts, resolutions, and journals of each Assembly, our laws have made the fullest provision. As soon as they are recorded and published, one copy of the acts and resolutions is certified under the great seal of the State, to every county, agreeably to the requisitions of the 60th Article of the Constitution, and the Act of 1715, chapter 25: and the copies thus authenticated, are therefore evidence of all laws, whether private or public. One copy of the laws, and the votes and proceedings of each House,, are also annually printed for, and transmitted to, the governor, each member of the executive council, each judge of the courts, the attorney general, register in chancery, each treasurer, each register of wills, each sheriff, the commissioners of the tax and trustees of the poor for each county, and the directors of the penitentiary; one copy of the votes and proceedings to the clerk of the Court of Appeals ; and one copy of the laws, and four of the votes and proceedings, to the clerk's office of every county-1790, chap. 51; 1825, chap. 78; Resolution 74th of 1827; 12th of December session, 1828; and 62d of December session, 1829.

The manner of printing them is prescribed by the 64th Resolution of November session, 1811; and the printing is now generally done under contract with the Legislature, upon proposals. Until 1812, the printing was done by a salary officer, who was called the printer to the State, and whose salary was regulated every year by the annual Act for the payment of the civil list;

The incidental powers of the General Assembly.

These are powers of appointment and removal, the nature and objects of which will be particularly examined, in connexion with the history of the several offices to which they relate. It will therefore be sufficient, in this place, to denote these offices: The General Assembly elects, annually, the Governor and Executive Council of Maryland. (27)

It has the power of appointing the Senators to represent this State in the Senate of the United States; but where vacancies occur during its recess, they may be filled, until its assemblage, by the appointment of the governor and council. (28)

It has, virtually, the power of appointing all Registers of Wills, by its right of recommending imperatively to the governor and council, the person to be commissioned: but the latter have the same power of filling vacancies in the recess, as in the preceding instance. (29)

It has also the power of appointing Bank Directors to represent the stock of the State in several of the State Banks. (30)

It may demand the removal of the Attorney General of the State, or of any Judge of any of the county courts; but in cases of the latter kind, the address of the Assembly to the governor, requiring the removal, must be adopted by the votes of two-thirds of all the members of each house. (31)

The time and place of meeting of the General Assembly.

The regular sessions of the General Assembly are annual, and commence on the last Monday of December in every year. The

but since that period it has been done by contract at each session, sometimes made by committees of the Legislature, and sometimes by the executive, under the authority of an act or resolution. See Chandler vs. The State, 5 Harris and Johnson, 284.

(27) See 2d volume, chapter, "of the Governor and Council of Maryland.” (28) Constitution of U. S. art. 1st, supra 3d, and 2d volume, chapter,

of the adoption and obligations of the Federal Government.”

(29) See 2d volume, chapter, “of the office of Register of Wills.”

(30) See 2d volume, chapter, "of the Treasury of the State."

(31) See 2d volume, chapters, "of the office of Attorney General," and "of the County Courts."

time of assemblage was originally, the first Monday of November: but in 1812 it was changed to the first Monday of December; and in 1824 to the last Monday of December. (32)

It may also be convened by the Governor, with the advice of his council, at any period, upon giving not less than ten days notice; and where the two houses have adjourned to different days, the Governor may convene the Assembly on either of these days, or any intermediate day. (33)

The sessions of Assembly are held at the city of Annapolis, which has remained the seat of the State Government, without any constitutional security for its continuance as such, ever since the adoption of the State Constitution.

(32) Constitution, art. 23d, as amended at first by the acts of 1811, chapter 211, and 1812, chapter 129, and afterwards by the acts of 1823, chapter 111, and 1824, chapter 73.

(33) Constitution, Art. 29.

CHAPTER XI.

THE SEVERAL POWERS OF EACH HOUSE OF ASSEMBLY.

Or the powers and privileges severally possessed by the Senate and the House of Delegates, there are some, which are common in their kind to both, and only several and exclusive in their exercise: and others, which are peculiar to one or the other both in kind and exercise. Those, which are in their kind common to both houses, relate to—(1) Their several organization-(2) The obtention of information for the discharge of their official duties-(3) Their right of self-protection.

(1) The powers relative to their several organization.

Each house has the exclusive right to judge of the elections and qualifications of its own members. Each house shall appoint its own officers, and settle its own rules of proceeding. Each house shall choose its presiding officer; who, in the House of Delegates shall be styled "the Speaker," and in the Senate "the President." In each house, a majority of its members, and its presiding officer, are necessary to make a quorum for any act except that of adjourning. Each house may adjourn itself: but if the two houses adjourn to different days, the governor shall appoint and notify one of those days, or some intermediate day, as the day of meeting: or he may, by the advice of his council, convene the Assembly at any time before the time to which it has been adjourned, upon giving not less than ten days notice: but he cannot prorogue or dissolve it under any other circumstances. Each house may propose to, and receive from the other, bills, resolutions, and other legislative acts: and may assent, dissent, or propose amendments, except as to money bills, which can neither originate in nor be amended by the Senate. (1)

(1) Const. arts. 8th, 9th, 10th, 20th, 21st, 22d, 24th, and 29th.

The propriety of the regulations, relative to the appointment of their officers, the transaction of their business, and the determination of their respective rules of proceeding, is too obvious to require comment. The power of each house to judge of the elections and qualifications of its respective members, is vested in them of necessity. It must exist somewhere. Without it, it would be useless to create qualifications, and prescribe rules of proceeding, in the election of Senators and Delegates: and it could not be vested in the legislature collectively, as it would then conflict with the separate and independent existence of the two houses; and would impair their efficacy as mutual checks, by enabling either to control or affect the organization of the other. In determining upon the qualifications of their members, the houses of Assembly can have but little difficulty. These are so fully and clearly defined, that he who runs may read and apply them. Questions as to the proper conduct of elections, are more embarrassing. The manner of proceeding is, it is true, as well defined as the qualifications: but the difficulties as to the former, consist in determining with what strictness its regulations must be adhered to, and when the non-observance of them will vitiate the election. The competency of the voter, and the authority of the persons holding the elections and receiving the votes, are essential to the validity of the vote. This, as a general proposition, is undeniable: yet doubts often arise from its particular application.

- The sufficiency of the authority by which elections have been conducted, has been frequently drawn into question, by cases in which the judges or clerks of election, although properly appointed, did not qualify in the manner required by law, and by defects in the returns of elections. The doctrine of the present day is, that mere omissions or informalities of this kind will not invalidate the election: and that the people shall not be disfranchised, by the neglect of those who are competent to hold the elections. A contrary doctrine would certainly open the door to the grossest frauds, in warmly contested elections: as it would enable those who hold them, by the wilful disregard of their duties, to annul such elections at their pleasure. Defects in returns, especially, should, at all times, be open to amendment according to the fact.