« ZurückWeiter »
cute 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 years, 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 election--shall 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 years, [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 sheriff 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. That the judges of (the general court and justices of ] the county courts, may appoint the clerks of their respective courts ; [and, in case of refusal, death, resignation, disqualification, or removal out of the state, or from their respective shores, of the clerks of the general court, or either of them, in the vacation of the said court]-and, in case of refusal, death, resig nation, 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 coun
cil, 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 offi. cers of government,(assessors, constables, and overseers of the roads, only excepted,) and may also suspend or remove 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 qualification; 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 “that he will not, through favour, affection, or partiality, vote for any person to office, 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 has not made, nor will make, any promise or engagement to give his vote or interest in favour of any person.”.
51. That there be two registers of the land office, one upon the western and one 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 indi. rectly, receive the profits or any part of the profits of any office held by any other 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 part 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.
54. 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 execution 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, 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 governor, and attested by the chancel. lor, with the seal of the state annexed-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 state--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-tbirds of all the members of each branch of the general assembly shall
60. That every bill passed by the general assembly, when engrossed, shall be presented by the speaker of the house of delegates, in the senate, 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 the several county courts, in the same manner as hath been heretofore used in this state. This form of government was assented to, and passed in
convention of the delegates of the freemen of Maryland,
August, A. D. 1776.
M. TILGHMAN, President.
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 an office of trust or profit under the United States, or being elected to congress, or appointed to an 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 this 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 reli. gious 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 affirmation 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 act, who are not conscientiously scrupu