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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 22   View pdf image (33K)
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22
ject to suit by the State for the amount that
ought to have been paid into the treasury.
SEC, 2, The legislature shall have power to
pass all such laws as may be necessary and
proper for carrying into execution the powers
vested by this Constitution, in any depart-
ment or office of the government, and the du-
ties imposed upon them thereby.
SEC. 3. If in any election directed by this
Constitution any two or more candidates
shall have the highest and an equal number
of votes, a new election shall be ordered, un-
less in cases specially provided for by the Con-
stitution.
SEC. 4. The trial by jury of all issues of
fact in civil proceedings, in the several courts
of law ill this State, where the amount in
controversy exceeds the sum of five dollars,
shall be inviolably preserved.
SEC. 5. In the trial of all criminal cases
the jury shall be the judges of law as well as
fact.
SEC. 6. The legislature shall have power to
regulate by law all matters which relate to
the judges, time, place and manner of holding
elections in this State, and of making returns
thereof, provided that the tenure and term of
office, and the day of election shall not be
affected thereby.
SEC. 7. All rights vested, and all liabili-
ties incurred shall remain as if this Constitu-
tion had not been adopted.
SEC. 8. The Governor and all officers, civil
and military, now holding commissions under
this State shall continue to hold and exercise
their offices, according to their present tenure,
until they shall be superseded, pursuant to
the provisions of this Constitution, and until
their successors be duly qualified.
SEC. 9. The sheriffs of the several counties
of this State, and of the city of Baltimore,
shall give notice of the several elections au-
thorized by this Constitution, in the manner
prescribed by existing laws for elections un-
der the present Constitution.
SEC. 10. This Constitution, if adopted by a
majority of the legal votes cast on the first
Wednesday of June next, shall go into opera-
tion on the fourth day of July next, and on
and after said day shall supersede the present
Constitution of this State.
ARTICLE XI.
AMENDMENT OF THE CONSTITUTION.
It shall be the duty of the legislature, at its
first session immediately succeeding the re-
turns of every census of the United States
hereafter taken, to pass a law for ascertain-
ing, at the next general election of delegates,
the sense of the people of Maryland in regard
to the calling a convention for altering the
Constitution; and in case the majority of
votes cast at said election shall be in favor of
calling a convention, the legislature shall
provide for assembling such convention, and
electing delegates thereto at the earliest con-
venient day; and the delegates to the said
convention shall be elected by the several
counties of the State and the city of Balti-
more, in proportion to their representation
respectively in the senate and house of dele-
gates, at the time when said convention may
be called.
Done in convention the 13th day of May,
in the year of our Lord one thousand eight
hundred and fifty-one, and of the Indepen-
dence of the United States the seventy-fifth
J. G. CHAPMAN,
President of the Convention.
Attest—GEORGE G. BREWER,
Secretary to Convention.
State of Maryland, Court of Appeals, W. S.
I, RICHARD W. GILL, Clerk of the Court of
Appeals aforesaid, do hereby certify that this
Constitution was this sixteenth day of May,
in the year of our Lord eighteen hundred and
fifty-one, filed in this Office. Witness my
band as Clerk.
R. W, GILL, Clerk.
THE CONVENTION BILL, PASSED JANUARY SESSION, 1864, UNDER THE PROVISIONS OF WHICH THE
CONVENTION ASSEMBLED.
SECTION 1, And be it enacted by the General
Assembly of Maryland, That on the first Wed-
nesday of April next, at the same places
where the polls are by law held in the several
counties and the city of Baltimore for the
election of delegates to the general assembly,
every person entitled to vote for delegates to
the general assembly shall vote upon the
question of the call of a convention to frame
a new constitution and form of government,
by expressing in writing or in printed form, on
the same ballot he may cast for delegates to
said Convention, the words " For a Conven-
tion" or "Against a Convention," as the
case may be; and in case there should be any
ballots cast without the designation hereinbe-
fore described, the same shall not be counted
either for or against a Convention, but a sep-
arate return shall be made of the same by the
judges of election as aforesaid; and that at
the same election the legal voters of this
State shall, by ballot, elect delegates to the


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 22   View pdf image (33K)
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