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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 20   View pdf image
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20
militia; to provide for districting the State into
divisions, brigades, battalions, regiments and
companies: and to pass laws for the effectual
encouragement of volunteer corps by gome
mode which may induce the formation and
continuance of at least one volunteer company
in every county and division in the city of Bal-
timore. The company, battalion and regimen-
tal officers (staff officers excepted) shall be
elected by the persons composing their several
companies, battalions and regiments.
Sec 2, The Adjutant General shall be ap-
pointed by the Governor, by and with the ad-
vice and consent of the Senate. He shall hold
his office for the term of six years, and receive
the same salary as heretofore, until changed
by the Legislature.
ARTICLE X.
Miscellaneous.
Sec. 1. Every officer of this State, the Gov-
ernor excepted, the entire amount of whose
pay. or compensation received lor the dis-
charge of his official duties, shall exceed the
yearly sum of three thousand dollars, shall
keep a book in which shall he entered every
sum or sums of money received by him or on
his account as a payment or compensation for
his performance of official duties, a copy of
which entries in said book, verified by the
oath of the officer by whom it is directed to be
kept, shall be returned yearly to the Treas-
urer of the State for his inspection, and that
of the General Assembly of Maryland; and
each of such officers, when the amount re-
ceived by him lor the year shall exceed the
sum of three thousand dollars, shall yearly pay
over to the Treasurer the amount (if such ex-
cess by him received, subject to such disposi-
tion thereof as the Legislature may deem just
and equitable. And any such officer failing to
comply with the said requisition, shall be
deemed to have vacated his office, and be sub-
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 department
or office of the government, and the duties im-
posed 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, unless in cases
specially provided for by the Constitution.
Sec. 4. The trial by jury of all issues of
fact in civil proceedings in the several courts
of law of this State, where the amount in con-
troversy exceeds the sum of five dollars, shall
be inviolably preserved.
Sec. 5 In the trial of all criminal cases, the
jury shall he the judges of law aswell as fact.
Sec. 6. The Legislature shall have power
to regulate by jaw all matters which relate
to the judges, lime, place and manner of hold-
ing elections in thin State, and of making re-
turns 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 liabilities
incurred shall remain as if this Constitution
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 authorized
by this Constitution in the manner prescribed
by existing laws for elections under the present
Constitution.
Sec. 10. This Constitution, if adopted by a
majority of the legal votes cast on the first Wed-
nesday of June next, shall go into operation on
the fourth day of July next, and on and after
said day shall supersede the present Constitu-
tion 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 ascertaining,
at the next general election of delegates, the
sense of the people of Maryland in regard to
palling a convention for altering the Constitu-
tion. and in case the majority of votes cast at
said election shall be in favor of calling a con-
vention, the Legislature shall provide for as-
sembling such convention, and electing delegates
thereto at the earliest convenient day, and the
delegates to the said convention shall be elect-
ed by the several counties of the State and
the city of Baltimore, in proportion to their re-
presentation respectively in the Senate and
House of Delegates at the time when said
convention may be called.
Done in Convention the 13th day of May, in the
year of our Lord eighteen hundred and fifty-one,
and the independence of the United States the
seventy-fifth.
J. G. CHAPMAN,
President of the Convention.
Attest—GEORGE G. BREWER,
Secretary to Convention.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 20   View pdf image
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