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STATE OF MARYLAND. 23 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 high

est and an equal number on the first vote.
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 East-
ern Shore to be the second ; and Baltimore,
Harford, Frederick, Washington, Allegany and
Carroll counties to be the third. The Govern-
or, 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 elec-
tion 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.
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

State divided into three Gubernatorial Districts, from which the Governor to be chosen in succesSiO11.

Qualification of
Governor.

preceding his election a resident of the State,

and for three years a resident of the distric 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 Assembly to elect.

be the Governor for the residue of the term for

which the said Governor had been elected.

In case of vacancy during recess of Legislature— President of the Senate to act as Governor—or if he do not act, then the Speaker Of the House of Delegates to act.

Legislature to provide for Impeachment and for cases of vacancy not provided for.

Governor to be Commander-inchief; but not to take the com— mand in person.

His Duties.

Appointment of
Officers.

SEc. 8. In case of any vacancy in the office of Governor during the recess of the Legislature, the President of the Senate shall discharge the duties of said office till a Governor 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 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 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 ap-
pointment be prescribed by the law creating
the office. - -
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 com-
mission 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 nomina-
tion 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.
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.
SEc. 14. All civil officers appointed by the
Governor and Senate, shall be nominated to
the Senate within fifty days from the com-
mencement of each regular session of the Le-
gislature; and their term of office shall com-
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-
rest any military officer of the State, for diso-
bedience of orders, or other military offence,
and may remove him in pursuance of the sen-

Appointments during recess of Legislature.

2 Md. 341.

Persons rejected . to be appoint€01,

Time of Nomination.

Term of Office.

Courts-Martial.

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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 extraor-
dinary occasions; and whenever, from the pre-
sence 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. - r
Sec. 17. It shall be the duty of the Gover-
nor semi-annually, and oftener if he deem it
expedient, to examine the bank-book, account
books, and official proceedings of the Trea-
surer 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

Pardoning Power

measures as he may judge necessary and ex-
pedient. -
SEc. 19. He shall have power to grant re-
prieves and pardons, except in cases of im-
peachment, and in cases in which he is prohi-
bited by other articles of this Constitution,
and to remit fines and forfeitures for offences
against the State; but shall not remit the prin-
cipal 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. -
SEc. 20. The Governor shall reside at the
seat of Government, and shall receive for his
services an annual salary of thirty-six hundred
dollars. -
SEc. 21. When the public interest requires
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 per-
formed.
Sec. 22. A Secretary of State shall be ap-
pointed by the Governor, by and with the ad-
vice and consent of the Senate, who shall
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-
serve a record of all official acts and proceed-
ings, (which may, at all times, be inspected by
a committee of either branch of the Legisla-
ture,) and shall perform such other duties as
may be prescribed by law, or as may properly
belong to his office. -

Governor’s residence and salary.

May employ
Counsel.

Secretary of
State.

1853, ch, 448.

His Duties.

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