ART. 11. That Annapolis be the place of meeting of the Legislature; and theLegislature ought not to be convened, or held at any other place but from evident necessity. ART. 12. That for redress of grievances, and for amending, strengthening and preserving the Laws, the Legislature ought to be frequently convened. ART. 13. That every man hath a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner. ART. 14. That no aid, charge, tax, burthen, or fees ought to be rated or levied under any pretence, without the consent of the Legislature. ART. 15. That the levying of taxes by the poll is grievous and oppressive, and ought to be prohibited; that paupers ought not to be assessed for the support of the Government; but every person in the State, or person holding property therein, ought to contribute his proportion of public taxes for the support of the Government, according to his actual worth in real or personal property; yet, fines, duties, or taxes may properly and justly be imposed, or laid, with a political view, for the good Government and benfit of the community. ART. 16. That sanguinary Laws ought to be avoided as far as it 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. 17. 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 expost facto Law ought to be made, nor any retrospective oath or restriction be imposed, or required. ART. 18. That no Law to attaint particular persons of treason, or felony ought to be made in any case, or at any time hereafter. ART. 19. That every 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. 20. That the trial of facts, where they arise, is one of the greatest securities of the lives, liberties and estate of the People. ART. 21. 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. 22. That no man ought to be compelled to give evidence against himself in a criminal case. ART. 23. That no 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. ART. 24. That Slavery shall not be re-established in this State, but having been abolished, under the policy and authority of the United States, compensation, in consideration thereof, is due from the United States. ART. 25. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel, or unusual punishment inflicted by the Courts of Law. ART. 26. 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. ART. 27. That no conviction shall work corruption of blood, or forfeiture of estate. ART. 28. That a well regulated Militia is the proper and natural defence of a free Government. ART. 29. That Standing Armies are dangerous to liberty, and ought not to be raised, or kept up without the consent of the Legislature. ART. 30. That in all cases, and at all times, the military ought to be under strict subordination to, and control of the civil power. ART. 31. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor, in time of war, except in the manner prescribed by Law. ART. 32. That no person except regular soldiers, and marines and mariners 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. 33. 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 in the manner and for the causes provided in this Constitution. 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. 34. 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. 35. That no person shall hold, at the same time, more than one office of profit, created by the Constitution or Laws of this State; nor shall any person in public trust 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. 36. 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 the color of religion he shai! 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, otherwise competent, be deemed incompetent, as a witness, or juror, on account of his religious belief; provided, he believes in the existence of 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. 37. That no religious test ought ever to be required as a qualification for any office of profit or trust, in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution. ART. 38. 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 Denomination, without the prior, or subsequent sanction of the Legislature, shall be void; except always, any sale, gift, lease, or devise of any quantity of 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. 39. 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. 40. That the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects, being responsible for the abuse of that privilege. ART. 41. That monopolies are odious, contrary to the spirit of a free govern-ment and the principles of commerce, and ought not to be suffered. ART. 42. That no title of nobility, or hereditary honors, ought to be granted in this State. ART. 43. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the condition of the People. ART. 44. That the provisions of the Constitution of the United States, and of this State, apply as well in time of war as in time of peace; and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism. ART. 45. This enumeration of Rights shall not be construed to impair, or deny others retained by the People. ARTICLE I. ELECTIVE FRANCHISE. SECTION 1. All elections shall be by ballot; and every white male citizen of the United States, of the age of twenty-one years, or upwards, who has been a resident of the State for one year, and of the legislative district of Baltimore City, or of the county, in which he may offer to vote, for six months next preceding the election, shall be entitled to vote, in the ward, or election district, in which he resides, at all elections hereafter to be held in this State; and in case any county, or city, shall be so divided as to form portions of different electoral districts, for the election of Representatives in Congress, Senators, Delegates, or other 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. No person above the age of twenty-one years, convicted of larceny, or other infamous crime, unless pardoned by the Governor, 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. SEC. 3. 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 the delivery of money, or any other thing, to induce any voter to refrain from casting his vote, or to prevent him in any way from voting, or to procure a vote for any candidate, or person, proposed, or voted for, as Elector of President and VicePresident 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 such, 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. 4. It shall be the duty of the General Assembly to pass Laws to punish with fine and imprisonment, any person who shall remove into any election district, or precinct, of any ward of the City of Baltimore, not for the purpose of acquiring a bona fide residence therein, but for the purpose of voting at an approaching election, or, who shall vote in any election district, or ward, in which he does not reside, except in the case provided for in this article, or shall, at the same election, vote in more than one election district, or precinct, or shall vote, or offer to vote, in any name 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. SEC. 5. The General Assembly shall provide by Law for a uniform registration of the names of all the voters in this State, who possess the qualifications prescribed in this Article; which registration shall be conclusive evidence to the Judges of election of the right of every person, thus registered, to vote at any election thereafter held in this State; but no person shall vote at any election, Federal or State, hereafter to be held in this State, or at any municipal election in the City of Baltimore, unless his name appears in the list of registered voters; and until the General Assembly shall hereafter pass An Act for the registration of the names of voters, the Law in force on the first day of June, in the year eighteen hundred and sixty-seven, in reference thereto, shall be continued in force, except so far as it may be inconsistent with the provisions of this Constitution; and the registry of voters, made in pursuance thereof, may be corrected, as provided in said Law; but the names of all persons shall be added to the list of qualified voters by the officers of Registration, who have the qualifications, prescribed in the first section of this Article, and who are not disqualified under the provisions of the second and third sections thereof. SEC. 6. Every person, elected, or appointed to any office of profit or trust, under this Constitution, or under the Laws made pursuant thereto, shall, before he enters upon the duties of such office, take and subscribe the following oath, or affirmation; I, 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; and 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 Con stitution and Laws of the State; (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 term of my acting as - SEC. 7. Every person, hereafter elected, or appointed to office, in this State, who shall refuse, or neglect to take the oath or affirmation of office, provided for in the sixth section of this Article, shall be considered as having refused to accept the. said office; and a new election, or appointment, shall be made, as in case of refusal to accept, or resignation of an office; and any person violating said oath, shall, on conviction thereof, in a Court of Law, in addition to the penalties now, or hereafter, to be imposed by Law, be thereafter incapable of holding any office of profit or trust in this State. 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; but the Governor chosen at the first election, under this Constitution, shall not enter upon the discharge of the duties of the office until the expiration of the term, for which the present incumbent was elected, unless the said office shall become vacant by death, resignation, removal from the State, or other disqualification of the said incumbent. SEC. 2. An election for Governor, under this Constitution, shall be held on the Tuesday next after the first Monday of November, in the year eighteen hundred and sixty-seven, and on the same day and month in every fourth year thereafter, at the place of voting for Delegates to the General Assembly; and every person qualified to vote 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 Delegates, and enclosed and transmitted to the Secretary of State, and delivered to said Speaker at the commencement of the Session of the General Assembly 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. SEC. 4. If two, or more persons shall have the highest and an equal number of votes for Governor, 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 hav ing 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 General Assembly, 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 persons 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 vote 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. SEC. 5. A person to be eligible to the office of Governor, must have attained the age of thirty years, and must have been for ten years a citizen of the State of Maryland, and for five years next preceding his election, a resident of the State, and at the time of his election a qualified voter therein. SEC. 6. In case of the death or resignation of the Governor, or of his removal from the State, or other disqualification, the General Assembly, if in session, or, if not, at their next session, shall elect some other qualified person to be Governor for the residue of the term for which the said Governor had been elected. SEC. 7. 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 until a Governor is elected, as herein provided for; and in case of the death or resignation of the 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 impeachment of the Governor, and in case of his conviction, or his inability, may declare what person shall perform the Executive duties; 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. 8. The Governor shall be the Commander-in-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. 9. He shall take care that the Laws are faithfully executed. SEC. 10. 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. 11. 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 until the end of the next session of the Legislature, or until some other person is appointed to the same office, whichever 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. SEC. 12. 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. 13. 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 Legislature; and their term of office, except in cases otherwise provided for in this Constitution, shall commence on the first Monday of May next ensuing their appointment, and continue for two years unless removed from office, and until their successors respectively qualify according to Law; but the term of office of the Inspectors of Tobacco shall commence on the first Monday of March next ensuing their appointment. Sec. 14. If a vacancy shall occur, during the session of the Senate, in any office, which the Governor and Senate have the power to fill, the Governor shall nominate to the Senate before its final adjournment, a proper person to fill said vacancy, unless such vacancy occurs within ten days before said final adjournment. SEC. 15. The Governor may suspend, or arrest any military officer of the State for disobedience of orders, or other military offence; and may remove him, in pursuance of the sentence of a Court Martial; and may remove for incompetency, or misconduct, all civil officers, who received appointment from the Executive for a term of years. 1 SEC. 16. The Governor shall convene the Legislature, or the Senate alone, on extraordinary occasions; and whenever, from the presence of an enemy, or from 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. To guard against hasty, or partial legislation and encroachments of the Legislative Department upon the co-ordinate Executive and Judicial Departments, every Bill which shall have passed the House of Delegates and the Senate, shall before it becomes a Law, be presend to the Governor of the State; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which House shall enter the objections at large on its Journal, and proceed to re-consider the Bill; if after such re-consideration, three-fifths of the members elected to that House shall pass the Bill, it shall be sent, with the objections, to the other House, by which it shall likewise be re-considered, and if passed by three-fifths of the members elected to that House, it shall become a Law; but in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for and against the Bill, shall be entered on the Journal of each House, respectively; if any Bill shall not be returned by the Governor within six days, (Sundays excepted,) after it shall have been presented to him, the same shall be a Law in like manner as if he signed it; unless the General Assembly shall, by adjournment, prevent its return, in which case it shall not be a Law. SEC. 18. It shall be the duty of the Governor, semi-annually, and oftener if he deem it expedient, to examine, under oath, the Treasurer and Comptroller of the State, on all matters pertaining to their respective offices, and inspect and review their Bank and other Account Books. SEC. 19. 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. SEC. 20. 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 |