| A Declaration of Rights, and the Constitution 
		and Form of Government agreed to by the Delegates of Maryland, in Free 
		and Full Convention Assembled. A Declaration of  Rights
The parliament of Great Britain, by a 
		declaratory act, having assumed a right to make laws to bind the 
		Colonies in all cases whatsoever, and, in pursuance of Rich claim, 
		endeavored, by force of arms, to subjugate the United Colonies to an 
		unconditional submission to their will and power, and having at length 
		constrained them to declare themselves independent States, and to assume 
		government under the authority of the people; Therefore we, the 
		Delegates of Maryland, in free and full Convention assembled, taking 
		into our most serious consideration the best means of establishing a 
		good Constitution in this State, for the sure foundation and more 
		permanent security thereof, declare, I. That all government of right originates from 
		the people, is founded in compact only, and instituted solely for the 
		good of the whole. II. That the people of this State ought to have the sole and exclusive 
		right of regulating the internal government and police thereof.
 III. That the inhabitants of Maryland are entitled to the common law of 
		England, and the trial by Jury, according that law, and to the benefit 
		of such of the English statutes, as existed at the time of their first 
		emigration, and which, by experience, have been found applicable to 
		their local and other circumstances, and of such others as have been 
		since made in England, or Great Britain, and have been introduced, used 
		and practiced by the courts of law or equity; and also to acts of 
		Assembly, in force on the first of June seventeen hundred and 
		seventy-four, except such as may have since expired, or have been or may 
		be altered by facts of Convention, or this Declaration of 
		Rights-subject, nevertheless, to the revision of, and amendment or 
		repeal by, the Legislature of this State: and the inhabitants of 
		Maryland are also entitled to all property, derived to them, from or 
		under the Charter, granted by his Majesty Charles I. to Crecilius 
		Calvert, Baron of Baltimore.
 IV. That all persons invested with the legislative or executive powers 
		of government are the trustees of the public, and, as such, accountable 
		for their conduct; wherefore, whenever the ends of government are 
		perverted, and public liberty manifestly endangered, and all other means 
		of redress are ineffectual, the people may, and of right ought, to 
		reform the old or establish a new government. The doctrine of 
		non-resistance, against arbitrary power and oppression, is absurd, 
		slavish, and destructive of the good and happiness of mankind.
 V. That the right in the people to participate in the Legislature is the 
		best security of liberty, and the foundation of all free government; for 
		this purpose, elections ought to be free and frequent, and every man, 
		having property in, a common interest with, and an attachment to the 
		community, ought to have a right of suffrage.
 VI. That the legislative, executive and judicial powers of government, 
		ought to be forever separate and distinct from each other.
 VII. That no power of suspending laws, or the execution of laws, unless 
		by or derived from the Legislature, ought to be exercised or allowed.
 VIII. That freedom of speech and debates, or proceedings in the 
		Legislature, ought not to be impeached in any other court or judicature.
 IX. That a place for the meeting of the Legislature ought to be fixed, 
		the most convenient to the members thereof, and to the depository of 
		public records; and the Legislature ought not to be convened or held at 
		any other place, but from evident necessity.
 X. That, for redress of grievances, and for amending, strengthening and 
		preserving the laws, the Legislature ought to be frequently convened.
 XI. That every man hath a right to petition the Legislature, for the 
		redress of grievances, in a peaceable and orderly manner.
 XII. That no aid, charge, tax, fee, or fees, ought to be set, rated, or 
		levied, under any presence, without consent of the Legislature.
 XIII. That the levying taxes by the poll is grievous and oppressive, and 
		ought to be abolished; that paupers ought not to be assessed for the 
		support of government; but every other person in the State ought to 
		contribute his proportion of public taxes, for the support of 
		government, according to his actual worth, in real or personal property, 
		within the State; yet fines, duties, or taxes, may properly and justly 
		be imposed or laid, with a political view, for the good government and 
		benefit of the community.
 XIV. That sanguinary laws ought to be avoided, as far as 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.
 XV. That retrospective laws, punishing facts committed before the 
		existence of such laws, and by them only declared criminal, are 
		oppressive, unjust, and incompatible with liberty; wherefore no ex post 
		facto law ought to be made.
 XVI. That no law, to attains particular persons of treason or felony, 
		ought to be made in any case, or at any time hereafter.
 XVII. That every freeman, for any injury done 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.
 XVIII. That the trial of facts where they arise, is one of the greatest 
		securities of the lives, liberties and estates of the people.
 XIX. 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 defense; 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.
 XX. That no man ought to be compelled to give evidence against himself, 
		in a common court of law, or in any other court, but in such cases as 
		have been usually practiced in this State, or may hereafter be directed 
		by the Legislature.
 XXI. That no freeman 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.
 XXII. That excessive bail ought not to be required, nor excessive fines 
		imposed, nor cruel or unusual punishments inflicted, by the courts of 
		law.
 XXIII. 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.
 XXIV. That there ought to be no forfeiture of any part of the estate of 
		any person, for any crime except murder, or treason against the State, 
		and then only on conviction and attainder.
 XXV. That a well-regulated militia is the proper and natural defense of 
		a free government.
 XXVI. That standing armies are dangerous to liberty, and ought not to be 
		raised or kept up, without consent of the Legislature.
 XXVII. That in all cases, and at all times, the military ought to be 
		under strict subordination to and control of the civil power.
 XXVIII. That no soldier ought to be quartered in any house, in time of 
		peace, without the consent of the owner; and in time of war, in such 
		manner only, as the Legislature shall direct,
 XXIX. That no person, except regular soldiers, mariners, and marines 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.
 XXX. 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 Chancellor and Judges 
		ought to hold commissions during good behavior; and the said Chancellor 
		and Judges shall be removed for misbehavior, on conviction in a court of 
		law, and may be removed by the Governor, upon the address of the General 
		Assembly; Provided, That two-thirds of all the members of each House 
		concur in such address. That salaries, liberal, but not profuse, ought 
		to be secured to the Chancellor and the Judges, during the continuance 
		of their Commissions, in such manner, and at such times, as the 
		Legislature shall hereafter direct, upon consideration of the 
		circumstances of this State. No Chancellor or Judge ought to hold any 
		other office, civil or military, or receive fees or perquisites of any 
		kind.
 XXXI. That a long continuance in the first 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.
 XXXII. That no person ought to hold, at the same time, more shall one 
		office of profit, nor ought any person. in public trust, to receive any 
		present from any foreign prince or state, or from the United States, or 
		any of them, without the approbation of this State.
 XXXIII. That, as it is the duty of every man to worship God in such 
		manner as he thinks most acceptable to him; all persons, professing the 
		Christian religion, 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 color of 
		religion, any man shall 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 particular place of worship, or any particular ministry; 
		yet the Legislature may, in their discretion, lay a general and equal 
		tax for the support of the Christian religion; leaving to each 
		individual the power of appointing the payment over of the money, 
		collected from him, to the support of any particular place of worship or 
		minister, or for the benefit of the poor of his own denomination, or the 
		poor in general of any particular county: but the churches, chapels, 
		globes, and all other property now belonging to the church of England, 
		ought to remain to the church of England forever. And all acts of 
		Assembly, lately passed, for collecting monies for building or repairing 
		particular churches or chapels of ease, shall continue in force, and be 
		executed, unless the Legislature shall, by act, supersede or repeal the 
		same: but no county court shall assess any quantity of tobacco, or sum 
		of money, hereafter, on the application of any vestrymen or 
		church-wardens; and every encumbent of the church of England, who hath 
		remained in his parish, and performed his duty, shall be entitled to 
		receive the provision and support established by the act, entitled "An 
		act for the support of the clergy of the church of England, in this 
		Province," till the November court of this present year to be held for 
		the county in which his parish shall lie, or partly lie, or for such 
		time as he hate remained in his parish, and performed his duty.
 XXXIV. That every gift, sale, or devise of lands, 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 good-e, or chattels, to go in succession, or to take 
		place after the death of the seller or donor, or 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 leave of the Legislature, shall be void; except always any 
		sale, gift, lease or devise of any quantity of land, not exceeding two 
		acres, for a church, meeting, or other house of worship, and 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.
 XXXV. That no other test or qualification ought to be required, on 
		admission to any office of trust or profit, than such oath of support 
		and fidelity to this State, and such oath of office, as shall be 
		directed by this Convention or the Legislature of this State, and a 
		declaration of a belief in the Christian religion.
 XXXVI. That the manner of administering an oath to any person, ought to 
		be such, as those of the religious persuasion, profession, or 
		denomination, of which such person is one, generally esteem the most 
		effectual confirmation, by the attestation of the Divine Being. And that 
		the people called Quakers, those called Dunkers, and those called 
		Menonists, holding it unlawful to take an oath on any occasion, ought to 
		be allowed to make their solemn affirmation, in the manner that Quakers 
		1lave been heretofore allowed to affirm; and to be of the same avail as 
		an oath, in all such cases, as the affirmation of Quakers hath been 
		allowed and accepted within this State, instead of an oath. And further, 
		on such affirmation, warrants to search for stolen goods, or for the 
		apprehension or commitment of offenders, ought to be granted, or 
		security for the peace awarded, and Quakers, Dunkers or Menonists ought 
		also, on their solemn affirmation as aforesaid, to be admitted as 
		witnesses, in all criminal cases not capital.
 XXXVII. That the city of Annapolis ought to have all its rights, 
		privileges and benefits, agreeable to its Charter, and the acts of 
		Assembly confirming and regulating the same, subject nevertheless to 
		such alteration as may be made by this Convention, or any future 
		legislature.
 XXXVIII. That the liberty of the press ought to be inviolably preserved.
 XXXIX. That monopolies are odious, contrary to the spirit of a free 
		government, and the principles of commerce; and ought not to be 
		suffered.
 XL. That no title of nobility, or hereditary honors, ought to be granted 
		III this State.
 XLI. That the subsisting resolves of this and the several Conventions 
		held for this Colony, ought to be in force as laws, unless altered by 
		this Convention, or the Legislature of this State.
 XLII. That this Declaration of Rights, or the Form of Government, to be 
		established by this Convention, or any part or either of them, ought not 
		to be altered, changed or abolished, by the Legislature of this State, 
		but in such manner as this Convention shall prescribe and direct.
 This Declaration of Rights was assented to, and passed, in Convention of 
		the Delegates of the freemen of Maryland, begun and held at Annapolis, 
		the 14th day of August, A. D. 1776.
 By order of the Convention.
 MAT. TILGHMAN, President.
 The 
		Constitution, or Form of Government, &C.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.
 III. That 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 be the judges of the 
		election, and may adjourn from day to day, if necessary, till the same 
		be finished, so that the whole election shall be concluded in four days; 
		and shall make his return thereof, under his hand, to the Chancellor of 
		this State for the time being.
 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 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 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.
 VI. That the Commissioners of the said town, or any three or more of 
		them, for the time being, shall be judges of the said election, and may 
		adjourn, as aforesaid, and shall mate return thereof, as aforesaid: but 
		the inhabitants of the said town shall not be entitled to vote for, or 
		be elected, Delegates for Baltimore county: neither shall the 
		inhabitants of Baltimore county, out of the limits of Baltimore town, be 
		entitled to vote for, or be elected, Delegates for the said town.
 VII. That on refusal, death, disqualification, resignation, or removal 
		out of this State of any Delegate, or on his becoming Governor, or 
		member of the Council, a warrant of election shall issue by the Speaker, 
		for the election of another in his place; of which ten days' notice, at 
		least, (excluding the day of notice, and the day of election) shall be 
		given.
 VIII. That not less than a majority of the Delegates, with their Speaker 
		(to be chosen by them, by ballot) constitute a House, for the 
		transaction of any business other than that of adjourning.
 IX. That the House of Delegates shall judge of the elections and 
		qualifications of Delegates.
 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.
 XII. That the House of Delegates may punish, by imprisonment. any person 
		who shall be guilty of a contempt in their view, by any disorderly or 
		riotous behavior, or by threats to, or abuse of their members, or by any 
		obstruction to their proceedings. They may also punish, by imprisonment, 
		any person who shall be guilty of a breach of privilege, by arresting on 
		civil process, or by assaulting any of their members, during their 
		sitting, or on their way to, or return from the House of Delegates, or 
		by any assault of, or obstruction to their officers, in the execution of 
		any order or process, or by assaulting or obstructing any witness, or 
		any other person, attending on, or on their way to or from the House, or 
		by rescuing any person committed by the House: and the Senate may 
		exercise the same power, in similar cases.
 XIII. That the Treasurers (one for the western, and another for the 
		eastern shore) and the Commissioners of the Loan Office, may be 
		appointed by the House of Delegates, during their pleasure; and in case 
		of refusal, death, resignation, disqualification, or removal out of the 
		State, of any of the said Commissioners or Treasurers, 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 next General Assembly.
 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 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 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 favor, 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 favor, 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 favor, 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 favor 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 favor 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 favor.
 XVIII. That the electors, immediately on their meeting, and before they 
		proceed to the election of Senators, take such oath of support and 
		fidelity to this State, as this Convention, or the Legislature, shall 
		direct; and also an oath " to elect without favor, affection, 
		partiality, or prejudice, such persons for Senators, as they, in their 
		judgment and conscience, believe best qualified for the office."
 XIX. That in case of refusal, death, resignation, disqualification, or 
		removal out of this State, of any Senator, or on his becoming Governor, 
		or a member of the Council, the Senate shall, immediately thereupon, or 
		at their next meeting thereafter, elect by ballot (in the same manner as 
		the electors are above directed to choose Senators) another person in 
		his place, for the residue of the said term of five years.
 XX. That not less than a majority of the Senate, with their President 
		(to be chosen by them, by ballot) shall constitute a House, for the 
		transacting any business, other than that of adjourning.
 XXI. That the Senate shall judge of the Elections and qualifications of 
		Senators.
 XXII. That the Senate may originate any other, except money bills, to 
		which their assent or dissent only shall be given; and may receive any 
		other bills from the House of Delegates, and assent, dissent, or propose 
		amendments.
 XXIII. That the General Assembly meet annually, Old the first Monday of 
		November, and if necessary, oftener.
 XXIV. That each House shall appoint its own officers, and settle its own 
		rules of proceeding.
 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 favor, 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 support 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.
 XXVIII. That the Senators and Delegates, immediately on their annual 
		meeting, and before they proceed to any business, and every person, 
		hereafter elected a Senator or Delegate, before he acts as such, shall 
		take an oath of support and fidelity to this State, as aforesaid; and 
		before the election of a governor, or members of the Council, shall take 
		an oath, " elect without favor, affection, partiality, or prejudice, 
		such person as Governor, or member of the Council, as they, in their 
		judgment and conscience, believe best qualified for the office."
 XXIX. That the Senate and Delegates may adjourn themselves respectively: 
		but if the two Houses should not agree on the same time, but adjourn to 
		different days, then shall the Governor appoint and notify one of those 
		days, or some day between, and the Assembly shall then meet and be held 
		accordingly; and he shall, if necessary, by advice of the Council, call 
		them before the time, to which they shall in any manner be adjourned, on 
		giving not less than ten days' notice thereof; but the Governor shall 
		not adjourn the Assembly, otherwise than as aforesaid, nor prorogue or 
		dissolve it, at any time.
 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.
 XXXI. That the governor shall not continue in that office longer than 
		three years successively, nor be eligible as Governor, until the 
		expiration of four years after he shall have been out of that office.
 XXXII. That upon the death, resignation, or removal out of this State, 
		of the Governor, the first named of the Council, for the time being 
		shall act as Governor, and qualify in the same manner; and shall 
		immediately call a meeting of the General Assembly, giving not less than 
		fourteen days' notice of the meeting, at which meeting. a Governor shall 
		be appointed, in manner aforesaid, for the residue of the year.
 XXXIII. That the Governor, by and with the advice 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 so 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 otherwise 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 vessel to ride quarantine, if such vessel, or the port from which 
		she may have come, shall, on strong grounds, be suspected to be infected 
		with the plague; but the Governor shall not, under any presence, 
		exercise any power or prerogative by virtue of any law, statute, or 
		custom of England or Great Britain.
 XXXIV. That the members of the Council, or any three or more off 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 the Council 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.
 XXXV. That, in case of refusal, death, resignation, disqualification, or 
		removal out of the State, of 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.
 XXXVI. 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 practiced in this State.
 XXXVII. That no Senator, Delegate of Assembly, or member of the Council, 
		if he shall qualify as such, shall hold or execute any office 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 he 
		acts as such. And no person, holding a place of profit or receiving any 
		part of the profits thereof, or receiving the profits or any part of 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 the Council of this State.
 XXXVIII. That every Governor, Senator, Delegate to Congress or Assembly, 
		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."
 XXXIX. 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 of 
		willful and corrupt perjury, or be banished this State forever, or 
		disqualified forever from holding any office or place of trust or 
		profit, as the Court may judge.
 XL. 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 behavior, removable only for misbehavior, on conviction in a 
		Court of law.
 XLI. 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; anal that, upon the death, 
		resignation, disqualification, or removal out of the county of 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.
 XLII. 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 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 is 
		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 and 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 
		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.
 XLIII. That every person who shall offer to vote for Delegates, or for 
		the election of the Senate, or for the Sheriff, shall (if required by 
		any three persons qualified to vote) before he be permitted to poll, 
		take such oath or affirmation of support and fidelity to this State, as 
		this Convention or the Legislature shall direct.
 XLIV. 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.
 XLV. That no field officer of the militia be eligible as a Senator, 
		Delegate, or member of the Council.
 XLVI. 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.
 XLVII. 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 the 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 fold the same until the meeting of the 
		next General Court, or County Court, as the case may be.
 XLVIII. 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 remove any civil officer who has not a commission, 
		during good behavior; 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.
 XLIX. That all civil officers of the appointment of the Governor and 
		Council, who do not hold commissions during good behavior, 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.
 L. 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 favor, 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 favor of any person."
 LI. 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.
 LII. 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 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."
 LIII. That if any Governor, Chancellor, Judge, Register of Wills, 
		Attorney-General, Register of the Land 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 oath of two credible witnesses) shall be 
		void; and he shall suffer the punishment for willful and corrupt 
		perjury, or be banished this State forever, or disqualified forever from 
		holding any office or place of trust or profit, as the court may 
		adjudge.
 LIV. 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 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 forever disqualified to hold any office of trust or profit 
		in this State.
 LV. 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.
 LVI. 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.
 LVII. 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 Chancellor, with the seal of the State annexed-except 
		military 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 attested, sealed and signed a usual: that all indictments 
		shall conclude, "Against the peace, government, and dignity of the 
		State."
 LVIII. 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.
 LIX. 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.
 LX. 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, begun and held at the city of 
		Annapolis, the fourteenth of August, A. D. one thousand seven hundred 
		and seventy-six.
 By order of the Convention.
 M. TILGHMAN, President.
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