THE CONSTITUTION OF MARYLAND, ADOPTED BY THE CONVENTION OF 1850. DECLARATION OF RIGHTS. We, the People of the State of Maryland, grate- [ ful 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: ARTICLE 1. 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, according to the mode prescribed in this Constitution, the unalienable right to alter, reform, or abolish their form of government, in such manner as they may deem expedient. ART. 2. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof. ART. 3. 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 introduced, used and practiced by the courts of law or equity, and also of all acts of assembly in force on the first Monday of November, eighteen hundred and fifty, except such as may have since expired, or may be altered by this Constitution, 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 the First, to Cæcilius Calvert, Baron of Baltimore. ART. 4. 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, s'avish and destructive of the good and happiness of mankind. ART. 5. 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 free white male citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage. ART. 6. 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. ART. 7. That no power of suspending laws, or the execution of laws, unless by or derived from the legislature, ought to be exercised or allowed. ART. 8. That freedom of speech and debate or proceedings in the legislature, ought not to be impeached in any court of judicature. ART. 9. That Annapolis be the place for the meeting of the legislature; and the legislature ought not to be convened or held at any other place but from evident necessity. ART. 10. That for the redress of grievances, and for amending, strengthening and preserving the laws, the legislature ought to be frequently convened. ART. 11. That every man hath a right to petition the legislature for the redress of grievances in a peaceable and orderly manner. ART. 12. That no aid, charge, tax, burden, or fees, ought to be rated or levied, under any pretence, without the consent of the legislature. ART. 13. That the levying of 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, or person holding property therein, ought to contribute his proportion of public taxes, for the support | or affirmation, to search suspected places, or of government, according to his actual worth to seize any person or property, are grievous in real or personal property; yet fines, duties, and oppressive; and all general warrants to or taxes may properly and justly be imposed search suspected places, or to apprehend susor laid, on persons or property, with a politi-pected persons, without naming or describing cal view, for the good government and benefit the place, or the person in special, are illegal, of the community. and ought not to be granted. ART. 14. That sanguinary laws ought to be avoided as far as is consistent with the safety of the State; and no law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time hereafter. ART. 15. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto law ought to be made. ART. 16. That no law to attaint particular persons of treason or felony, ought to be made in any case, or at any time hereafter. ART. 17. That every free white man, for any injury done to him in his person or property, ought to have remedy by the course of the law of the land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the law of the land. ART. 18. That the trial of facts where they arise, is one of the greatest securities of the lives, liberties, and estate of the people. ART. 19. That in all criminal prosecutions, every man hath a right to be informed of the 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. ART. 20. That no man ought to be compelled to give evidence against himself in a court of common 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. ART. 21. That no free 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; provided, that nothing in this article shall be so construed as to prevent the legislature from passing all such laws for the government, regulation and disposition of the free colored population of this State as they may deem necessary. ÅRT. 22. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted by the courts of law. ART. 23. That all warrants, without oath, ART. 24. That no conviction shall work corruption of blood, or forfeiture of estate. ART. 25. That a well regulated militia is the proper and natural defence of a free government. ART. 26. That standing armies are dangerous to liberty, and ought not to be raised or kept up without consent of the legislature. ART. 27. That in all cases and at all times the military ought to be under strict subordination to, and control of, the civil power. ART. 28. 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. ART. 29. 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. ART. 30. 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 for misbehavior, on conviction in a court of law, or by the Governor, upon the address of the general assembly; provided, that two-thirds of all the members of each house concur in such address. No 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. ART. 31. 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. ART. 32. That no person ought to hold at the same time more than one office of profit, created by the Constitution or laws of this State; nor ought any person in public trust to receive any present from any foreign prince, or State, or from the United States, or any of them, without the approbation of this State. ART. 33. That as it is the duty of every man 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 persuasion or profession, or for his religious practice, unless under color 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 place of worship or any ministry; nor shall any person be deemed incompetent as a witness or juror who believes in the existence of a God, and that under his dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor, either in this world or the world to come. ART. 34. That no other test or qualification ought to be required, on admission to any office of trust or profit, than such oath of office as may be prescribed by this Constitution, or by the laws of the State, and a declaration of belief in the Christian religion; and if the party shall profess to be a Jew, the declaration shall be of his belief in a future state of rewards and punishments. land, not exceeding five acres, for a church, meeting house or other house of worship, or parsonage, or for a burying ground, which shall be improved, enjoyed or used only for such purpose; or such sale, gift, lease or devise shall be void. ART. 36. That the manner of administering an oath or affirmation to any person, ought to be such as those of the religious persuasion, profession or denomination of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divine Being. ART. 37. That the city of Annapolis ought to have all its rights, privileges and benefits, agreeably to its charter, and the acts of assembly confirming and regulating the same; subject to such alterations as have been or as may be made by the legislature. ART. 38. That the liberty of the press ought to be inviolably preserved. ART. 39. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered. ART. 40. That no title of nobility or hereditary honors ought to be granted in this State. ART. 41. That the legislature ought to encourage the diffusion of knowledge and virtue, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the condition of the people. ART. 35. 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 ART. 43. That this Constitution shall not denomination, without the leave of the legis-be altered, changed or abolished, except in lature, shall be void; except always, any the manner therein prescribed and directed. sale, gift, lease or devise of any quantity of ART. 42. This enumeration of rights shall not be construed to impair or deny others retained by the people. CONSTITUTION ARTICLE I. ELECTIVE FRANCHISE. SECTION 1. Every free white male person, of twenty-one years of age or upwards, who shall have been one year next preceding the election a resident of the State, and for six months a resident of the city of Baltimore, or of any county in which he may offer to vote, and being at the time of the election a citizen of the United States, shall be entitled to vote in the ward or election district in which he resides, in all elections hereafter to be held; and at all such elections the vote shall be taken by ballot. And in case any county or city shall be so divided as to form portions of different electoral districts for the election of congressmen, senator, delegate, or other officer or 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. SEC. 2. That 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 delivery of money or affirming falsely in the premises, shall, on conviction thereof in a court of law, incur the penalties for wilful and corrupt perjury, and be thereafter incapable of voting at any election, and also incapable of holding any office of profit or trust in this State. or any other thing, to induce any voter to re- | appointment shall be made as in case of refrain from casting his vote, or forcibly to pre-fusal or resignation, and any person swearing vent him in any way from voting, or to obtain or procure a vote for any candidate or person proposed or voted for, as elector of 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 so, at any election to be hereafter held in this State, shall, on conviction in a court of law, in addition to the penalties now or hereafter to be imposed by law, be forever disqualified to hold any office of profit or trust, or to vote at any election thereafter. SEC. 5. That no person above the age of twenty-one years, convicted of larceny or other infamous crime, unless he shall be pardoned by the executive, shall ever thereafter be entitled to vote at any election in this State, and no person under guardianship as a lunatic, or as a person non compos mentis, shall be entitled to vote. ARTICLE II. EXECUTIVE DEPARTMENT. SECTION 1. The executive power of the 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. SEC. 3. It shall be the duty of the general assembly of Maryland to pass laws to punish with fine and imprisonment any person who shall remove into any election district or ward of the city of Baltimore, not for the purpose of acquiring a bona fide residence therein, but SEC. 2. The first election for Governor unfor the purpose of voting therein at an ap- der this Constitution shall be held on the first proaching election, or who shall vote in any Wednesday of November, in the year eighteen election district or ward in which he does not hundred and fifty-three, and on the same day reside, (except in the case provided for in the and month in every fourth year thereafter, at first article of the Constitution,) or shall, at the places of voting for delegates to the general the same election, vote in more than one elec-assembly, and every person qualified to vote tion district or ward, or shall vote or offer to vote, in any namè 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. the legislature next ensuing said election. 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. 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 deleSEC. 4. Every person elected or appointed gates, and enclosed and transmitted to the to any office of profit or trust under the Con- Secretary of State, and delivered to the said stitution or laws made pursuant thereto, be-speaker at the commencement of the session of fore he shall enter upon the duties of such office shall take and subscribe the following oath or affirmation: I, A. B., do swear (or affirm, as the case may be,) that I will support the Constitution of the United States, and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and laws thereof; 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 that since the adoption of the present Constitution, I have not, in any manner, violated the provisions thereof in relation to bribery of voters or preventing legal or procuring illegal votes to be given; (and if a governor, senator, member of the house of delegates, or judge,) "that I will not directly or indirectly receive the profits or any part of the profits of any other office during the time of my acting as And if any person elected or appointed to office as aforesaid, shall refuse or neglect to take the said oath or affirmation, he shall be considered as having refused to accept the said office, and a new election or SEC. 4. If two or more persons shall have the highest and an equal number of votes, one of them shall be chosen Governor by the senate and house of delegates; and all questions in relation to the eligibility of Governor, 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 legislature, 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 person's 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 votes 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. the command in person without the consent of the legislature. SEC. 10. He shall take care that the laws be faithfully executed. SEC. 11. He shall nominate, and by and with the advice and consent of the senate, appoint all civil and military officers of the State, whose appointment or election is not otherwise herein provided for, unless a different mode of appointment be prescribed by the law creating the office. SEC. 5. The State shall be divided into three districts; St. Mary's, Charles, Calvert, Prince George's, Anne Arundel, Montgomery, and Howard counties, and the city of Baltimore, to be the first; the eight counties of the Eastern Shore to be the second; and Baltimore, Harford, Frederick, Washington, Allegany and Carroll counties, to be the third. The Governor, elected from the third district in October last, shall continue in office during the term for which he was elected. The Governor shall be taken from the first district, at the first election of Governor under this Constitution; from the second district at the second election, and from the third district at the third election, and in like manner, after-islature. wards, from each district, in regular succession. SEC. 6. A person to be eligible to the office of Governor, must have attained the age of thirty years, and been for five years a citizen of the United States, and for five years next preceding his election a resident of the State, and for three years a resident of the district from which he was elected. SEC. 12. 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 till the end of the next session of the legislature, or till some other person is appointed to the same office, which ever shall first occur, and the 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 leg . SEC. 13. 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. ye rs (unless sooner removed from office) and until their successors, respectively, qualify according to law. SEC. 14. 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 legSEC. 7. In case of the death or resignation islature; and their term of office shall comof the Governor, or of his removal from the mence on the first Monday of May next ensuState, the general assembly, if in session, oring their appointment, and continue for two if not, at their next session, shall elect some other qualified resident of the same district, to be the Governor for the residue of the term for which the said Governor had been elected. SEC. 15. The Governor may suspend or SEC. 8. In case of any vacancy in the office arrest any military officer of the State, for of Governor during the recess of the legisla-disobedience of orders, or other military ture, the president of the senate shall dis-offence, and may remove him in pursuance of charge the duties of said office till a Governor the sentence of a court-martial; and may reis elected as herein provided for; and in case of the death or resignation of said President, or of his removal from the State, or of his refusal to serve, then the duties of said office shall, in 1 ke manner, and for the same interval, devolve upon the speaker of the house of delegates, and the legislature may provide by law for the case of impeachment or inability of the Governor, and declare what person shall perform the executive duties during such impeachment or inability; and for any vacancy in said office, not herein provided for, provision may be made by law, and if such vacancy should occur without such provision being made, the legislature shall be convened by the Secretary of State for the purpose of filling said vacancy. SEC. 9. The Governor shall be commanderin-chief of the land and naval forces of the State, and may call out the militia to repel invasions, suppress insurrections, and enforce the execution of the laws; but shall not take move for incompetency or misconduct, all civil officers who receive appointments from the executive for a term not exceeding two years. SEC. 16. The Governor may 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. SEC. 17. It shall be the duty of the Governor semi-annually, and oftener if he deem it expedient, to examine the bank-book, account books, and official proceedings of the treasurer and comptroller of the State. SEC. 18. He shall, from time to time, inform the legislature of the condition of the State, and recommend to their consideration such measures as he may judge necessary and expedient. |
