1776.] OF THE PROVINCE OF MARYLAND. 323
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.
33. " 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, aud 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, summon-
ing the general assembly to meet within the time of the continu-
ance of such embargo, and may also order and compel any vessel
to ride quarantine, if such vessel, or the port from which she shall
have come, shall, on strong grounds be suspected to be infected
with the plague; but the governor shall not, under any pretence,
exercise any power or prerogative, by virtue of any law, statute, or
Custom of England or Great Britain.
34. "That the members of the council, or any three or more of
them, when convened, shall constitute a board for the transacting
of business; that the governor for the time being shall always be
the president of the council, and as such entitled to a vote on all
questions in which they shall be divided in opinion; and in the ab-
sence of the governor the first named of the council shall act as
vice president, and as such shall also vote in all cases where the
members disagree in their opinion,
35. "That in case of refusal, death, resignation, disqualification
or removal out of the state, by 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, quali-
fied as aforesaid, in his place, for the residue of the year.
36. "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 pub-
lic testimonials, as has been heretofore practised in this state.
37. "That no senator, delegate of the assembly, or member of the
council, shall be capable of holding any office of profit in this state,
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