Constitution
of
Things to keep in mind:
How is the government structured? Who can vote? Who can hold office? How are
political leaders selected? Are they elected or appointed? By whom?
I. THAT the
Legislature consist of two distinct branches, a Senate
and House of Delegates, which shall be styled, The General Assembly of
Maryland.
II. That the
House of Delegates shall be chosen in the following manner: All freemen, above
twenty-one years of age, having a freehold of fifty acres of land, in the
county in which they offer to vote, and residing therein-and all freemen,
having property in this State above the value of thirty pounds current money,
and having resided in the county, in which they offer to vote, one whole year
next preceding the election, shall have a right of suffrage, in the election of
Delegates for such county: and all freemen, so qualified, shall, en the first Monday
of October, seventeen hundred and seventy-seven and on the same day in every
year thereafter, assemble in the counties, in which they are respectively
qualified to vote, at the court-house, in the said counties; or at such other
place as the Legislature shall direct; and, when assembled, they shall proceed
to elect, viva voce, four Delegates, for their respective counties, of the most
wise, sensible, and discreet of the people, residents in the county where they
are to be chosen, one whole year next preceding the election, above
twenty-one years of age, and having, in the State, real or personal property
above the value of five hundred pounds current money; and upon the final
casting of the polls, the four persons who shall appear to have the greatest number
of legal votes shall be declared and returned duly elected for their respective
counties.
IV. That all
persons qualified, by the charter of the city of Annapolis, to vote for
Burgesses, shall, on the same first Monday of October, seventeen hundred and
seventy-seven, and on the same day in every year forever thereafter, elect, viva
voce [by voice vote], by a majority of votes, two Delegates, qualified
agreeable to the said charter; that the Mayor, Recorder, and Aldermen of the
said city, or any three of them, be judges of the election, appoint the place
in the said city for holding the same, and may adjourn from day to day, as
aforesaid, and shall make return thereof, as aforesaid: but the inhabitants
of the said city shall not be entitled to vote for Delegates for Anne-Arundel
county, unless they have a freehold of fifty acres of land in the county
distinct from the City.
V. That all
persons, inhabitants of Baltimore town, and having the same qualifications as
electors in the county, shall, on the same first Monday in October, seventeen
hundred and seventy-seven, and on the same day in every year forever thereafter,
at such place in the said town as the Judges shall appoint, elect, viva voce
[by voice vote], by a majority of votes, two Delegates, qualified as aforesaid:
but if the said inhabitants of the town shall so decrease, as that a number of
persons, having a right of suffrage therein, shall have been, for the space of
seven years successively, less than one half the number of voters in some one
county in this State, such town shall thenceforward cease to send two Delegates
or Representatives to the House of Delegates, until the said town shall have
one half of the number of voters in some one county in this State.
X. That the
House of Delegates may originate all money bills, propose bills to the Senate,
or receive those offered by that body; and assent, dissent, or propose
amendments; that they may inquire on the oath of witnesses, into all
complaints, grievances, and offences, as the grand inquest of this State; and
may commit any person, for any crime, to the public jail, there to remain till
he be discharged by due course of law. They may expel any member, for a great
misdemeanor, but not a second time for the same cause. They may examine and
pass all accounts of the State, relating either to the collection or
expenditure of the revenue, or appoint auditors, to state and adjust the same.
They may call for all public or official papers and records, and send for
persons, whom they may judge necessary in the course of their inquiries,
concerning affairs relating to the public interest; and may direct all office
bonds (which shall be made payable to the State) to be sued for any breach of
duty.
XI. That the
Senate may be at full and perfect liberty to exercise their judgment in passing
laws-and that they may not be compelled by the House of Delegates, either to
reject a money bill, which the emergency of affairs may require, or to assent
to some other act of legislation, in their conscience and judgment injurious to
the public welfare--the House of Delegates shall not on any occasion, or under
any presence annex to, or blend with a money bill, any matter, clause, or
thing, not immediately relating to, and necessary for the imposing, assessing,
levying, or applying the taxes or supplies, to be raised for the of government,
or the current expenses of the State: and to prevent altercation about such
bills, it is declared, that no bill, imposing duties or customs for the mere
regulation of commerce, or inflicting fines for the reformation of morals, or
to enforce the execution of the laws, by which an incidental revenue may arise,
shall be accounted a money bill: but every bill, assessing, levying, or
applying taxes or supplies, for the support of government, or the current
expenses of the State, or appropriating money in the treasury, shall be deemed
a money bill.
XIV. That the
Senate be chosen in the following manner: All persons, qualified as aforesaid
to vote for county Delegates, shall, on the first tidy of September, 1781, and
on the same day in every fifth year forever thereafter, elect, viva voce
[by voice vote], by a majority of votes, two persons for their respective
counties (qualified as aforesaid to be elected county Delegates) to be electors
of the Senate; and the Sheriff of each county, or, in case of sickness, his
Deputy (summoning two Justices of the county, who are required to attend, for
the preservation of the peace,) shall hold and be judge of the said election,
and make return thereof, as aforesaid. And all persons, qualified as aforesaid,
to vote for Delegates for the city of Annapolis and Baltimore town, shall, on
the same first Monday of September, 1781, and on the same day in every fifth
year forever thereafter, elect, viva voce [by voice vote], by a majority of votes, one person for the
said city and town respectively, qualified as aforesaid to be elected a
Delegate for the said city and town respectively; the said election to be held
in the same manner, as the election of Delegates for the said city and town;
the right to elect the said elector, with respect to Baltimore town, to
continue as long as the right to elect Delegates for the said town.
XV. That the
said electors of the Senate meet at the city of Annapolis, or such other place
as shall be appointed for convening the legislature, on the third Monday in
September, 1781, and on the same flay in every fifth year forever thereafter,
and they, or any twenty-four of them so met, shall proceed to elect, by ballot,
either out of their own body, or the people at large, fifteen Senators (nine of
whom to be residents on the western, and six to be residents on the eastern
shore) men of the most wisdom, experience and virtue, above twenty-five years
of age, residents of the State above three whole years next preceding the
election, and having real and personal property above the value of one
thousand pounds current money.
XVI That the
Senators shall be balloted for, at one and the same time, and out of the
gentlemen residents of the western shore, who shall be proposed as Senators,
the nine who shall, on striking the ballots, appear to have the greatest
numbers in their favour, shall be accordingly
declared and returned duly elected: and out of the gentlemen residents of the
eastern shore, who shall be proposed as Senators, the six who shall, on
striking the ballots, appear to have the greatest number in their favour, shall be accordingly declared and returned duly
elected: and if two or more on the same shore shall have an equal number of
ballots in their favour, by which the choice shall
not be determined on the first ballot, then the electors shall again ballot,
before they separate; in which they shall be confined to the persons who on the
first ballot shall have an equal number: and they who shall have the greatest
number in their favour on the second ballot, shall be
accordingly declared and returned duly elected: and if the whole number should
not thus be made up, because of an equal number, on the second ballot, still
being in favour of two or more persons, then the
election shall be determined by lot, between those who have equal numbers;
which proceedings of the electors shall be certified under their hands, and
returned to the Chancellor for the time being.
XVII. That the
electors of Senators shall judge of the qualifications and elections of members
of their body; and, on a contested election, shall admit to a seat, as an
elector, such qualified person as shall appear to them to have the greatest
number of legal votes in his favour.
XXV. That a
person of wisdom, experience, and virtue, shall be chosen Governor, on the
second Monday of November, seventeen hundred and seventy-seven, and on the
second Monday in every year forever thereafter, by the joint ballot of both
Houses (to be taken in each House respectively) deposited in a conference room;
the boxes to be examined by a joint committee of both Houses, and the numbers
severally reported, that the appointment may be entered; which mode of taking
the joint ballot of both Houses shall be adopted in all cases. But if two or
more shall have an equal number of ballots in their favour,
by which the choice shall not be determined on the first ballot, then a second
ballot shall be taken, which shall be confined to the persons who, on the first
ballot, shall have had an equal number; and, if the ballots should again be
equal between two or more persons, then the election of the Governor shall be
determined by lot, between those who have equal numbers: and if the person
chosen Governor shall die, resign, move out of the State, or refuse to act,
(the-General Assembly sitting) the Senate and House of Delegates shall,
immediately thereupon, proceed to a new choice, in manner aforesaid.
XXVI. That the
Senators and Delegates, on the second Tuesday of November, 1777, and annually
on the second Tuesday of November forever thereafter, elect by Joint ballot (in
the same manner as Senators are directed to be chosen) five of the most
sensible, discreet, and experienced men, above twenty-five years of age,
residents in the State above three years next preceding the election, and
having therein a freehold of lands and tenements, above the value of one thousand
pounds current money, to be the Council to the Governor, whose proceedings
shall be always entered on record, to any part whereof any member may enter his
dissent; and their advice, if so required by the Governor, or any member of the
Council, shall be given in writing, and signed by the members giving the same
respectively: which proceedings of the Council shall be laid before the Senate,
or House of Delegates, when called for by them or either of them. The Council
may appoint their own Clerk, who shall take such oath of suport
and fidelity to this State, as this Convention, or the Legislature, shall
direct; and of secrecy, in such matters as he shall be directed by the board to
keep secret.
XXVII. That the
Delegates to Congress, from this State, shall be chosen annually, or superseded
in the mean time by the joint ballot of both Houses of Assembly; and that there
be a rotation, in such manner, that at least two of the number be annually
changed; and no person shall be capable of being a Delegate to Congress for
more than three in any term of six years; and no person, who holds any office
of profit in the gift of Congress, shall be eligible to sit in Congress; but if
appointed to any such office, his seat shall be thereby vacated. That no
person, unless above twenty-one years of age, and a resident in the State more
than five years next preceding the election, and having real and personal
estate in this State above the value of one thousand pounds current money,
shall be eligible to sit in Congress.
XXX. That no
person, unless above twenty-five years of age, a resident in this State above
five years next preceding the election- and having in the State real and
personal property, above the value of five thousand pounds, current money,
(one thousand pounds whereof, at least, to be freehold estate) shall be
eligible as governor.