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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 451   View pdf image
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451
of law, shall be fined a sum not less than five hundred
dollars; and be imprisoned for at least six
months, and shall thenceforth cease to hold the
office or appointment of which he may be then
the incumbent.
Which was read.
THE EXECUTIVE DEPARTMENT.
Mr. GRASON announced his readiness to pro-
ceed with the report of the committee on the
Executive Department of the Government.
Some conversation followed as to the order of
proceeding; after which
The SECRETARY proceeded to read the report of
Mr. GRASON, Chairman of the Committee on the
Executive Department, and which was as fol-
lows:
Section 1. The Executive power of the State
shall be vested in a Governor, whose term of
office shall commence on the first Monday of
January next ensuing his election, and continue
for three years, or until his successor shall have
qualified by taking the oath herein prescribed.
Sec. 2. The persons qualified to vote for dele-
gates to the General Assembly, shall meet on the
first Wednesday of October, in the year eighteen
hundred and fifty-three, and on the same day and
month in every third year thereafter, at the
places where they are entitled to vole for dele-
gates, and elect a Governor; the election to be
held in the same manner as the election of dele-
gates, and the returns thereof, under seal, to be
addressed to the Speaker of the House of Dele-
gates) and enclosed and transmitted to the Secre-
tary of State, by whom or by the Executive, they
shall be delivered to the said speaker at the com-
mencement of the session of the Legislature next
ensuing said election.
Sec. 3 And the Speaker of the House of Dele-
gates shall then open the said returns in the pre-
sence of both houses, and the person having the
highest number of votes, and being constitution-
ally eligible, shall be the Governor, and shall
qualify in the manner herein prescribed, on the
first Monday of January next ensuing his elec-
tion, or as soon thereafter as may be practi-
cable.
Sec. 4. And if two or more persons should have
the highest and an equal number of votes, then
one of them shall be chosen as Governor by the
joint ballot of the Senate and House of Dele-
gales; and all questions in relation to the legality
and number of voles given in the election of
Governor, and in relation to the returns of said
election, shall be determined by the House of
Delegates.
Sec. 5 The state shall be divided into three
districts; the eight counties of the Eastern Shore.
to be the first; Baltimore, Harford, Carroll,
Frederick, Washington and Allegany counties,
the second; and St. Mary's, Charles, Calvert,
Prince George's, Anne Arundel and Montgomery
counties, and the city of Baltimore, the third;
and the Governor elected from the second dis-
trict in October last, shall continue in office dur-
ing the term for which he was elected; his suc-
cessor shall be chosen from the third district, and
then a Governor shall be taken from each dis-
trict in regular succession.
Sec. 6. A person to be eligible to the office of
Governor, must have attained the age of thirty
years, and been for ten years a citizen of the
United states, and must have been for seven
years next preceding his election a resident of
the State, and for two years a resident of the
district from which he was elected.
Sec. 7, In case of death or resignation of the
Governor, or of his removal from the state, the
General Assembly if in session, or if not, at their
next session, shall by joint ballot elect some
other qualified resident of the same district, to be
the Governor fur the residue of the term for
which said Governor had been elected.
Sec. 8 And in case of any vacancy in the of-
fice of Governor during the recess of the legis-
lature, the President of the Senate shall discharge
the duties of said office till a Governor is elected
by the two Houses; and in case of the death or resignation
of said President, or of his removal
from the State, or of his refusal to serve, then
the duties of said office shall, in like manner, and
for the same interval, devolve upon the Speaker
of the House of Delegates, and the Legislature
may provide by law for the case of impeachment
or inability of the Governor, and declare what
person shall perform the executive duties during
such impeachment or inability; and for any
vacancy in said office, not herein provided for,
provision may be made by law, and if such va-
cancy should occur without such provision being
made, the Legislature shall be convened by the
Secretary of State for the purpose of filling said
vacancy.
Sec. 9. The Governor before entering upon the
duties of his office, shall take the following
oath:
Sec 10. The Governor shall be commander-
in-chief of the land and naval forces of the State,
and may call out the militia to repel invasions,
suppress insurrections, and enforce the execution
of the laws; but shall not take the command in
person without the consent of the Legislature.
Sec. 11. He shall take care that the laws be
faithfully executed.
Sec 12. He shall nominate, and by and with
the advice and consent of the Senate, appoint all
civil and military officers of the State whose ap-
pointment or election is not otherwise herein pro-
vided for.
Sec. 13 And in case of any vacancy during the
recess of the Senate in any office which the Go-
vernor has power to fill, he shall appoint some
suitable person to fill said office, whose commis-
sion shall continue in force till the end of the
next session of the Legislature, or until some
other person is appointed to the same office; and
the nomination of the person thus appointed dur-
ing the recess, or of some other person in his
place shall be made to the Senate within thirty
days after the next meeting of the Legislature.
Sec. 14. And no person, after being rejected by
the Senate, shall be again nominated fur the
same office at the same session, unless at the re-
quest of the Senate; nor shall he be appointed to


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 451   View pdf image
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