Maryland

Maryland

Maryland

In the Past

One of the original states of the United States of America [information here]. There is further information on this topic in this legal reference. The province of Maryland (see more about this State laws here) was included in the patent of the Southern or Virginia (see more about this State laws here) company; and upon the dissolution of that company, it reverted to the crown. Charles the First, on the 20th of June, 1632, granted it by patent to Lord Baltimore. Under this charter Maryland (see more about this State laws here) continued to be governed, with some short intervals of interruption, down to the period of the American Revolution, by the successors of the original proprietor. 1 Chalmer's Annals, 203.

Developments

Upon the revolution of 1688, the government (see more about this popular legal topic in the U.S. encyclopedia) of Maryland (see more about this State laws here) was seised into the hands of the crown and was not again restored to the proprietary until 1716; from that period no alteration occurred until the American Revolution. Bacon's Laws of Maryland (see more about this State laws here) , 1692, 1716.

Details

The original constitution (see more about this popular legal topic in the U.S. encyclopedia) of this state was adopted on the 14th day of August, 1776. The present constitution (see more about this popular legal topic in the U.S. encyclopedia) was adopted in 1851.

Other Aspects

The powers of the government (see more about this popular legal topic in the U.S. encyclopedia) are distributed into the legislative, the executive and the judicial.

More Information

1st. The legislature must consist of two distinct branches, a senate and a house of delegates, which must be styled “The general assembly of Maryland (see more about this State laws here) .” Art. III. s. 1.

Other Issues

The general assembly must meet on the first Wednesday of January 1852, on the same day, in the year 1853 and on the same day, 1854 and on the same day in every second year tafter this and at no other time, unless convened by the proclamation of the governor. Art. III. s. 7.

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The senate will be considered with reference to the qualification of the electors; the qualification of the members; the length of time for which they are elected; and the time of their election. 1. Every free white male person of twenty-one years of age or upwards, who must have been one year next preceding the election a resident of the state and for six months a resident of the city of Baltimore or of any county in which he may offer to vote and being at the time of the election, a citizen of the United States of America, must be entitled to vote in the ward or election district in which he re-sides, in all elections after this to be held; an& at all such elections the vote must be taken by ballot. And in case any county or city must be so divided as to form portions of different electoral districts for the election of congressmen, senator, delegate or other officer or officers, then to en-title a person to vote for such officer, he must have been a resident of that part of the county or city which must form a part of the electoral district in which he offers to vote for six months next preceding the election: but a person who must have acquired a residence in such county or city, entitling him to vote at any such election, must be entitled to vote in the election district from which he remoted, until he must have acquired a residence in the part of the county or city to which he has removed. Art. I. s. 1. 2. No person must be qualified as a senator who at the time of his election is not a citizen of the United States of America and who bas not resided at least three years next preceding the day of his election, in this state and the last year tof this in the county or city which he may be chosen to represent, if such county or city must have been so long established and if not, then in the county from which, in whole or in part, the same may have been formed; nor must any person be qualified as a senator unless he must have attained the age of twenty-five years. No member of congress or person bolding any civil or military (see more about this popular legal topic in the U.S. encyclopedia) office under the United States of America, must be qualified as a senator; and if any person, after his election as a senator, be elected to congress or be appointed to any office, civil or military (see more about this popular legal topic in the U.S. encyclopedia), under the government (see more about this popular legal topic in the U.S. encyclopedia) of the United States of America, his acceptance tof this must vacate his seat. No minister or preacher of the gospel of any denomination and no person holding any civil office of profit or trust under the state, except justices of the peace, must be qualified as senator. Art. III. ss. 9, 10, 11. 3. Every county of the state and the city of Baltimore, must be entitled to elect one senator, who must serve for four years from the day of their election. The first election must take place on the first Wednesday of November, 1851 and an election for one-half the senators, as nearly as practicable, must be held on the same day every second year afterwards. Art. III. 2, 3, 4, 5.

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The house of delegates will be treated of in the same way which has been observed in considering the senate. 1. The electors are qualified in the same way as the electors of the senate. 2. No person must be a delegate who must not have attained the age of twenty-one years; the other qualifications are the same as those for a senator. 3. The whole number of delegates must never exceed eighty, nor be less than sixty-five and must be apportioned among the several counties according to the population of each, the city of Baltimore to have four more delegates than the most populous county; no county to have less than two delegates, the apportionment to be made after the returns of the national census in 1860 are published and in like way after each subsequent census. They are to serve two years from the day of their election, which takes place on the same day as that for senators.

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The executive power of the state must be vested in a governor, whose term of office must begin on the second Wednesday of January next ensuing his election and continue for four years and until his successor must have qualified.

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The first election for governor under this constitution (see more about this popular legal topic in the U.S. encyclopedia) must be held on the first Wednesday of November, in the year eighteen hundred and fifty-three and on the same day and month in every fourth year afterwards, at the places of voting for delegates to the general assembly and every person qualified to vote for delegates must be qualified and entitled to vote for governor; the election to be held in the same way as the election of dele-gates and the returns tof this, under seal, to be addressed to the speaker of the house of delegates and enclosed and transmitted to the secretary of state and delivered to the said speaker at the commencement of the session of the legislature next ensuing said election. The speaker of the house of delegates must then open the said returns in the presence of both houses and the person having the highest number of votes and being constitutionally qualified, must be the governor and must qualify in the way here prescribed, on the second Wednesday of January next ensuing his election or as soon tafter this as may be practicable. If two or more people must have the highest and an equal number of votes, one of them must be chosen governor by the senate and house of delegates; and all questions about the eligibility of governor and to the returns of said election and to the number and legality of votes there given, must be decided by the house of delegates. And if the person or people having the highest number of votes be inqualified, the governor must be chosen by the senate and house of delegates. Every election of governor, by the legislature, must be decided by a joint majority of the senate and house of delegates and the vote must be taken viva voce. But if two or more people must have the highest and an equal number of votes, then a second vote must be taken, which must be confined to the people having an equal number; and if the votes should again be equal, then the election of governor must be decided by lot between those who must have the highest and an equal number on the first vote. The state must be divided into three districts. St. Mary's, Charles, Calvert, Prince George's, Anne Arundle, Montgomery and Howard counties and the city of Baltimore to be the first; the eight counties of the Eastern shore to be the second; and Baltimore, Harford, Frederick, Washington, Allegany and Carroll counties, to be the third. The governor, elected from the third district in October last, must continue in office during the term for which he was elected. The governor must be taken from the first district, at the first election of governor under this constitution; from the second district at the second election and from the third district at the third election and in like way, afterwards, from each district, in regular succession. A person to be qualified to the office of governor, must have attained the age of thirty years and been for five years a citizen of the United States of America and for five years next preceding his election a resident of the state and for three years a resident of the district from which he was elected. [1]

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Notes and References

  1. Partialy, this information about maryland is based on the Bouvier?s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier?s Law Dictionary, including maryland.

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