Imágenes de páginas
PDF
EPUB

3

is governor, and qualify in the same manner, (and shall immediately cali a meeting of] the general assembly, (giving not less than fourteen day's notice of the meeting ; at which] meeting a governor shall be appointed, in manner aforesaid, for the residue of the year.

33. That the governor, by and with the a:lvice 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 80 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 other. wise 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 veg. sel to ride quarantine, if such vessel, or the port from which she shall have come, shall, on strong grounds, be suspected to be infected with the plague ; but the governor shall not, under any pretence, exercise any power or prerogative, by virtue of any law, statute, or custom of England or Great Britain.

34. 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 they 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.

35. That, in cases of refusal, death, resignation, disqualification, or removal out of the state, by 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.

36. 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 practised in this state.

37. That no senator, delegate of the asseinbly, or member of the council, if he shall qualify as such, shall hold or execute any oflice 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 ho acts as such ; and no person, holding a place of profit, or receiving any part of the profits thereof, or receiving 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 in the council of this state 38. That every governor, senator, delegate to congress or) assembly

P

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.

39. 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 for wilful and corrupt perjury, or be banished this state for ever, or disqualified for ever from holding any office or place of trust or profit, as the court may adjudge.

40. 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.

41. 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, by 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.

42. 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 the 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 be 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 with 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 rears, 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 electionshall 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 rears, 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 sherifi for such county, and returned to the governor and council, with a certificate of the number of ballots for each of them.

43. That every person who shall offer to vote for delegates, or for the electors of the senate, or for the sheriff, shall, (if required by any three persons qualified to vote,) before he be admitted to poll, take such oath or affirmation of support and fidelity to this state, as this convention or the legislature shall direct.

44. 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.

45. (That no field officer of the militia shall be eligible as a senator, delegate, or member of the council.]

46. 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.

47. The judges of the general court, and justices of] the county a courts, may appoint the clerks of their respective courts ; (and, in case a of refusal, death, resignation, disqualification, or removal out of the state, or from their respective shores, of the clerk of the general court, or either of them, in the vacation of the said court]-and, in case of 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 hold the same until the meeting of the next (general court, or county court, as the case may be.

48. 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 re-") move 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.

49. 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 qualificatio; 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.

50. That the governor, every member of the council, and every judge and justice, before they act as such, shall respectively take an oath “th:27 he will not, through favour, affection, or partiality, vote for any person to ulice, 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 lias not made, nor will make, any promise or engagement to give his vote or inierest in favour of any person.”

51. That there be two registers of the land office, one upon the western, and the other 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.

52. 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 parts of the profits of any office held by any person ; and that he does not hold the same office in trust, or for the benefit of any other person.”

53. That, if any governor, chancellor, judge, register of wills, attorney-general, register of the land office, commissioners of the loan 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 parts 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 the oath of two credible witnesses,) shall be void, and he shall suffer the punishment for wilful and corrupt perjury, or be banished this state for ever, or disqualified for ever from holding any office or place of trust or profit, as the court may adjudge.

51. 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 one 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 for ever disqualified to hold any office of trust or profit in this state.

55. That every person appointed to any office of profit or trust, shall, before he enters on the erecution 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.

56. 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 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.]

57. 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 govemor, and attested by the chancellor, with the seal of the state annered—except military and militia 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 tested, sealed, and signed as usual ; that all indictments shall conclude, “ against the peace, government, and dignity of the state.”

58. That all penalties and forfeitures, heretofore going to the king or proprietary, shall go to the statem-save only such as the general assembly may abolish or otherwise provide for.

59. 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.

60. That every bill passed by the general assembly, when engrossed, shall be presented by the speaker of the house of delegates, in the benate, 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 thc several county courts, in the same manner as hath jeen 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 14th day of August, A. D. 1776. By order of the Convention :

M. TILGHMAN, President.

P 2

« AnteriorContinuar »