AMENDMENTS,

TO THE CONSTITUTION OF MARYLAND.

ART. 1. Be it enacted by the general assembly of Maryland, [That all those parts of the constitution and form of government, that prevent a citizen conscientiously scrupulous of taking an oath in any case, and who are permitted by the constitution to affirm in certain cases, from taking a seat in the legislature, or from being an elector of the senate without taking an oath of support to this government, shall be, and hereby are repealed, abrogated, and made null and void; and hereafter a solemn affirmation or declaration of support to this government, may be taken and shall be received instead of an oath, by any citizen chosen a delegate or elector of the senate, conscientiously scrupulous of taking an oath in any case, and who is permitted by the constitution to affirm in certain cases.]-Passed November, 1788, ch. 42-confirmed 1789, ch. 1.

2. That no member of congress, or person holding any office of trust, or profit, under the United States, shall be capable of having a seat in the general assembly, or being an elector of the senate, or holding any office of trust, or profit under this state; and if any member of the general assembly, elector of the senate, or person holding any office of trust or profit under this state, shall take his seat in congress, or accept of any office of trust or profit under the United States, or being elected to congress, or appointed to any office of trust or profit under the United States, not make his resignation of his seat in congress, or of his office, as the case may be, within thirty days after notice of his election or appointment to office, as aforesaid, his seat in the legislature of this state, or as elector of the senate, or of his office held under this state as aforesaid, shall be void: Provided, that no person who is now or may be at any time when this act becomes part of the constitution, a member both of congress and of the legislature of the state, or who now holds, or may hold, at the time when this act becomes part of the constitution, an office as aforesaid, both under this state and the United States, shall be affected by this act, if, within fifteen days after the same shall become part of the constitution, he shall resign his seat in congress, or his office held under the United States.-Passed 1791, ch. 80-confirmed 1792, ch. 22.

3. That every person, being a member of either of the religious sects or societies called Quakers, Menonists, Tunkers, or Nicolites, or New Quakers, and who shall be conscientiously scrupulous of taking an oath on any occasion, being otherwise qualified and duly elected a senator, delegate, or elector of the senate, or being otherwise qualified and duly appointed or elected to any office of profit or trust, on making affirma tion instead of taking the several oaths appointed by the constitution and form of government, and the several acts of assembly of this state now in force, or that hereafter may be made, such person may hold and exercise any office of profit or trust to which he may be appointed or elected, and may, by such affirmation, qualify himself to take a seat in

the legislature, and to act therein as a member of the same in all cases whatever, or to be an elector of the senate, in as full and ample a manner, to all intents and purposes whatever, as persons are now competent and qualified to act, who are not conscientiously scrupulous of taking such oaths.-Passed, 1794, ch. 49-confirmed 1795, ch. 11.

4. [That the mayor and second branch of the city council of the city of Baltimore, or any three or more of them, for the time being, shall be judges of the elections for delegates of the city of Baltimore, and for elector of the senate, and shall have and exercise all the rights and authorities respecting such elections, which were vested in the commissioners of Baltimore town, in virtue of the constitution and form of government.]-Passed 1797, ch. 57-confirmed 1798, ch. 2.

5. That the people called Quakers, those called Nicolites, or New Quakers, those called Tunkers, and those called Menonists, holding it unlawful to take an oath on any occasion, shall be allowed to make their solemn affirmation as witnesses, in the manner that Quakers have been heretofore allowed to affirm, which affirmation shall be of the same avail as an oath, to all intents and purposes whatever.

2. Before any of the persons aforesaid shall be admitted as a witness in any court of justice in this state, the court shall be satisfied, by such testimony as they may require, that such person is one of those who profess to be conscientiously scrupulous of taking an oath.-Passed 1797, ch. 118-confirmed 1798, ch. 83.

ART. 6. That the several counties of this state, for the purpose of holding all future elections for delegates, electors of the senate, and sheriffs of the several counties, shall be divided into separate districts, in the manner hereinafter directed, viz. St. Mary's county shall be divided and laid off into [three] separate districts; Kent county shall be divided and laid off into three separate districts; Calvert county shall be divided and laid off into three separate districts; Charles county shall be divided and laid off into four separate districts; Talbot county shall be divided and laid off into four separate districts; Somerset county shall be divided and laid off into three separate districts; Dorchester county shall be divided and laid off into three separate districts; Cecil county shall be dis vided and laid off into four separate districts; Prince George's county shal be divided and laid off into five separate districts; Queen Anne's county shall be divided and laid off into three separate districts; Worcester county shall be divided and laid off into five separate districts; Frederick county shall be divided and laid off into [seven] separate districts; Harford county shall be divided and laid off into five separate districts; Caroline county shall be divided and laid off into three separate districts; Washington county shall be divided and laid off into five separate districts; Montgomery county shall be divided and laid off into five separate districts; Alleghany county shall be divided and laid off into six separate districts; Anne-Arundel county, including the city of Annapolis, shall be divided and laid off into five separate districts; Baltimore county, out of the limits of the city of Baltimore, shall be divided and laid off into seven districts; and that the city of Baltimore shall be laid off into eight districts.

2. All and every part of the constitution and form of government, relating to the judges, time, place, and manner of holding elections in the city of Baltimore, and all and every part of the second, third, fifth, fourteenth, and forty-second sections of the constitution and form of go

vernment of this state, which relate to the judges, place, time, and manner of holding the several elections for delegates, electors of the senate, and the sheriffs of the several counties, be, and the same are hereby, abrogated, repealed, and annulled, and the same shall hereafter be regu lated by law. Passed 1798, ch. 115-confirmed 1799, ch. 48.

ART. 7. [That every free white male citizen of this state, and no other, above twenty years of age, having resided twelve months in the county next preceding the election at which he offers to vote, and every free white male citizen of this state above twenty-one years of age, and having obtained a residence of twelve months next preceding the election, in the city of Baltimore, or the city of Annapolis, and at which he offers to vote, shall have a right of suffrage, and shall vote by ballot, in the election of such county or city, or either of them; for delegates to the general assembly, electors of the senate, and sheriffs.]-Passed 1801,› ch. 90-confirmed 1802, ch. 20.

8. That Frederick county shall be divided and laid off into nine separate districts.-Passed 1802, ch. 82.-confirmed 1803, ch. 19.

9. That this state shall be divided into six judicial districts, in manner and form following, to wit: St. Mary's, Charles, and Prince George's counties, shall be the first district; Cecil, Kent, Queen Anne's, and Talbot counties, shall be the second district; Calvert, Anne-Arundel, and Montgomery counties, shall be the third district; Caroline, Dorchester, Somerset, and Worcester counties, shall be the fourth district; Frederick, Washington, and Alleghany counties, shall be the fifth district; Baltimore and Hartford counties, shall be the sixth district; and there shall be appointed for each of the said judicial districts, three persons of integrity and sound legal knowledge, residents of the state of Maryland, who shall, previous to, and during their acting as judges, reside in the district for which they shall respectively be appointed, one of whom shall be styled in the commission chief-judge, and the other two, associatejudges of the district for which they shall be appointed; and the chiefjudge together with the two associate-judges, shall compose the county courts in each respective district; and each judge shall hold his commission during good behaviour; removal for misbehaviour, on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two-thirds of the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold, and exercise, in the several counties of this state, all and every the powers, authorities, and jurisdictions, which the county courts of this state now have, use, and exercise, and which shall be hereafter prescribed by law; and the said county courts established by this act shall respectively hold their sessions in the several counties at such times and places as the legislature shall direct and appoint; and the salaries of the said judges shall not be diminished during the period of their continuance in office.

§ 2. In any suit or action at law hereafter to be commenced or instituted in any county court of this state, the judges thereof, upon suggestion in writing, by either of the parties thereto, supported by affidavit, or other proper evidence, that a fair and impartial trial cannot be had in the county court of the county where such suit or action is depending, shall and may order and direct the record of their proceedings in such suit or action, to be transmitted to the judges of any county court within the

district, for trial, and the judges of such county court, to whom the said record shall be transmitted, shall hear and determine the same in like manner as if such suit or action had been originally instituted therein; provided, nevertheless, that such suggestion shall be made as aforesaid, before or during the terrn in which the issue or issues may be joined in said suit or action; and provided also, that such further remedy may be provided by law in the premises, as the legislature shall from time to time, direct and enact.

§3. If any party presented or indicted, in any of the county courts of this state, shall suggest, in writing, to the court in which such prosecution is depending, that a fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to order and direct the record of their proceedings in the said prosecution, to be transmitted to the judges of any adjoining county court, for trial; and the judges of such adjoining county court shall hear and determine the same, in the same manner as if such prosecution had been originally instituted therein: Provided, that such further and other remedy may be provided by law in the premises as the legislature may direct and enact.

§ 4. If the attorney-general, or the prosecutor for the state, shall suggest, in writing, to any county court before whom an indictment is or may be depending, that the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the said court, in their discretion, to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial; and the judges of such county court shall hear and determine the same, as if such prosecution had been originally instituted t

therein. 5. There shall be a court of appeals, and the same shall be composed of the chief judges of the several judicial districts of the state which said court of appeal shall hold, use, and exercise, all and singular the powers, authorities, and jurisdictions, heretofore held, used, and exercised by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, 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; and any three of the said judges of the court of appeals, shall form a quorum to hear and decide in all cases pending in said court; and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the deciding of the same case before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shores respectively, who shall hold their appointments during good behaviour, removable only for misbehaviour, on conviction in a court of law; and, in case of death, resignation, disqualification, or removal out of the state, or from their respective shores, of either of the said clerks, in the vacation of the said court, 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 next meeting of the said court; and all laws passed after this act shall take effect, shall be recorded in the office of the court of appeals of the western shore,-Passed 1804, chap. 55-confirmed 1805, ch. 16.

ART. 10. That St. Mary's county shall be divided into four separate districts, and that the additional district shall be laid off adjoining and between the first and third districts, as they are now numbered.-Passed 1806, ch. 29-confirmed 1807, ch. 8.

11. That, upon the death, resignation, or removal out of this state of the governor, it shall not be necessary to call a meeting of the legislature to fill the vacancy occasioned thereby, but the first named of the council for the time being shall qualify and act as governor, until the next meeting of the general assembly, at which meeting a governor shall be chosen in the manner heretofore appointed and directed.

§ 2. No governor shall be capable of holding any other office of profit during the time for which he shall be elected.-Passed June, 1809, ch 16-confirmed November, 1809, ch. 11.

ART. 12. That all such parts of the constitution and form of government, as require a property qualification in persons to be appointed or holding offices of profit or trust in this state, and in persons elected members of the legislature or electors of the senate, shall be and the same are hereby repealed and abolished.-Passed November, 1809, ch. 198-confirmed 1810, ch. 18.

13. That it shall not be lawful for the general assembly of this state to lay an equal and general tax, or any other tax, on the people of this state, for the support of any religion.-Passed November, 1809, ch. 167 -confirmed 1810, ch. 24.

14. That every free white male citizen of this state, above twenty-one years of age, and no other, having resided twelve months within this state, and six months in the county, or in the city of Annapolis or Baltimore, next preceding the election at which he offers to vote, shall have a right of suffrage, and shall vote, by ballot, in the election of such county or city, or either of them, for electors of the president and vicepresident of the United States, for representatives of this state in the congress of the United States, for delegates to the general assembly of this state, electors of the senate, and sheriffs.-Passed November, 1809, ch. 83-confirmed 1810, ch. 33.

15. That no person residing in the city of Annapolis shall have a vote in the county of Anne-Arundel, for delegates for the said county: and all and every part of the constitution which enables persons holding fifty acres of land to vote in said county, be and is hereby abolished.-Passed November, 1809, ch. 38-confirmed 1810, ch. 49.

16. That the forty-fifth article of the constitution and form of government be and the same is hereby repealed and utterly abolished.—Passed November, 1809, ch. 65-confirmed 1810, ch. 78.

17. That the time of the meeting of the general assembly shall be on the first Monday in December, in each year, instead of the first Monday in November, as [is now] prescribed by the constitution and form of government.

§ 2. The governor of this state shall be chosen on the second Mon day of December, in each and every year, in the same manner as is now prescribed by the constitution and form of government; and the council to the governor shall be elected on the first Tuesday after the second Monday of December, in each and every year, in the same manner as is now prescribed by the constitution and form of government.