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 such 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 Cæcilius
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 attaint 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
than 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,
glebes, 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 hath 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 goods, 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 have 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
by 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 of 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, on 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 support 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
Monday 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 day 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, on 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
of 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; and 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.
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.
