fined to the persons having an equal number; and if the votes should be again 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.

three GubernatoDistricts, from which the Governor to be

chosen in succes

sion.

SEC. 5. The State shall be divided into three State divided into districts; St. Mary's, Charles, Calvert, Prince rial 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, afterwards, from each district in regular succession.

Governor.

SEC. 6. A person to be eligible to the office Qualification of 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. 7. In case of the death or resignation of the Governor, or of his removal from the State, the General Assembly, if in session, or if not, at their next session, shall elect some other qualified resident of the same district, to

In case of death,

&c., General As

sembly to elect.

In case of vacancy during recess

President of the

Governor—or if

then the Speaker

Delegates to act.

be the Governor for the residue of the term for which the said Governor had been elected.

SEC. 8. In case of any vacancy in the office of Legislature of Governor during the recess of the LegislaSenate to act as ture, the President of the Senate shall dishe do not act, charge the duties of said office till a Governor of the House of is 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 like manner, and for the same interval, devolve upon the Speaker of the House of Delegates, and the Legislature may provide peachment and by law for the case of impeachment or inabicancy not pro- lity 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.

Legislature to

provide for Im

for cases of va

vided for.

Governor to be

chief; but not to

take the com

SEC. 9. The Governor shall be commanderCommander-in-in-chief of the land and naval forces of the mand in person. State, and may call out the militia to repel invasions, suppress insurrections, and enforce the execution of the laws; but shall not take the command in person without the consent of the Legislature.

His Duties.

Appointment of
Officers.

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.

during recess of

SEC. 12. In case of any vacancy during the Appointments recess of the Senate in any office which the Legislature. Governor has power to fill, he shall appoint 2 Md. 341. 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 Legislature.

not to be appoint

ed.

tion.

SEC. 13. No person, after being rejected by Persons rejected 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. SEC. 14. All civil officers appointed by the Time of NominaGovernor and Senate, shall be nominated to the Senate within fifty days from the commencement of each regular session of the Legislature; and their term of office shall com- Term of Office. mence on the first Monday of May next ensuing their appointment, and continue for two years (unless sooner removed from office) and until their successors respectively qualify according to law.

SEC. 15. The Governor may suspend or ar- courts-Martial. rest any military officer of the State, for disobedience of orders, or other military offence, and may remove him in pursuance of the sen

Extra Sessions of the Legislature.

Governor to exa mine Treasury accounts.

Governor to re

commend mea

ture.

tence of a court-martial; and may remove, for incompetency or misconduct, all civil officers who receive appointments from the Executive for a term of 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 sures to Legisla- the Legislature of the condition of the State, and recommend to their consideration such measures as he may judge necessary and expedient.

Pardoning Power

SEC. 19. He shall have power to grant reprieves and pardons, except in cases of impeachment, and in cases in which he is prohibited by other articles of this Constitution, and to remit fines and forfeitures for offences against the State; but shall not remit the principal or interest of any debt due to the State, except in cases of fines and forfeitures; and before granting a nolle prosequi, or pardon, he shall give notice in one or more newspapers, of the application made for it, and of the day on or after which his decision will be given; and in every case in which he exercises this

power, he shall report to either branch of the Legislature, whenever required, the petitions, recommendations and reasons which influence his decision.

dence and salary.

SEC. 20. The Governor shall reside at the Governor's resi seat of Government, and shall receive for his services an annual salary of thirty-six hundred dollars.

Counsel.

SEC. 21. When the public interest requires May employ it, he shall have power to employ counsel, who shall be entitled to such compensation as the Legislature may allow in each case, after the services of such counsel shall have been performed.

State.

SEC. 22. A Secretary of State shall be ap- Secretary of pointed by the Governor, by and with the advice and consent of the Senate, who shall 1853, ch. 448. continue in office, unless sooner removed by the Governor, till the end of the official term of the Governor from whom he received his appointment, and shall receive an annual salary of one thousand dollars.

SEC. 23. He shall carefully keep and pre- His Duties. serve a record of all official acts and proceedings, (which may, at all times, be inspected by a committee of either branch of the Legislature,) and shall perform such other duties as may be prescribed by law, or as may properly belong to his office.