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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 9   View pdf image (33K)
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the highest and an equal number of votes,
then a second vote shall be taken, which shall
be confined to the persons having an equal
number; and if the votes should again be
equal, then the election of Governor shall be
determined by lot between those who shall
have the highest and an equal number on the
first vote.
SEC. 5. The State shall be divided into
three districts; St. Mary's, Charles, Calvert,
Prince George's, Anne Arundel, Montgomery,
and Howard counties, and the city of Balti-
more, to be the first; the eight counties of
the Eastern Shore to be the second; and Bal-
timore, Harford, Frederick, Washington, Al-
legany and Carroll counties, to be the third.
The Governor, elected from the third district
in October last, shall continue in office during
the term for winch he was elected. The Gov-
ernor shall be taken from the first district, at
the first election of Governor under this Con-
stitution; from the second district at the sec-
ond election, and from the third district at
the third election, and in like manner, after-
wards, from each district, in regular suc-
SEC. 6. A person to be eligible to the office
of Governor, must have attained the age of
thirty years, and been for five years a citizen
of the United States, 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,
SEC. 7. In case of the 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 elect some
other qualified resident of the same district,
to be the Governor for the residue of the term
for which the said Governor had been elected.
SEC. 8. in case of any vacancy in the office
of Governor during the recess of the legisla-
ture, the president of the senate shall dis-
charge the duties of said office till a Governor
is elected as berein provided for; 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 inter-
val, 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 va-
cancy in said office, not berein provided for,
provision may be made by law, and if such
vacancy 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 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. 10. He shall take care that the laws
be faithfully executed.
SEC. 11. He shall nominate, and by and
with the advice and consent of the senate, ap-
point all civil and military officers of the State,
whose appointment or election is not other-
wise herein provided for, unless a different
mode of appointment be prescribed by the law
creating the office,
SEC. 12. In case of any vacancy during the
recess of the senate, in any office which the
Governor has power to fill, he shall appoint
some suitable person to said office, whose
commission shall continue in force till the
end of the next session of the legislature, or
till some other person is appointed to the
same office, which ever shall first occur, and
the nomination of the person thus appointed
during 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 leg-
SEC. 13. No person, after being rejected by
the senate, shall be again nominated for the
same office at the same session, unless at the
request of the senate; or be appointed to the
same office during the recess of the legislature.
SEC. 14. All civil officers appointed by the
Governor and senate, shall be nominated to
the senate within fifty days from the com-
mencement of each regular session of the leg-
islature; and their term of office shall com-
mence on the first Monday of May next ensu-
ing their appointment, and continue tor two
years (unless sooner removed from office) and
until their successors, respectively, qualify
according to law.
SEC. 15. The Governor may suspend or
arrest any military officer of the State, for
disobedience of orders, or other military
offence, and may remove him in pursuance of
the sentence of a count-martial; and may re-
move for incompetency or misconduct, all
civil officers who receive appointments from
the executive for a term not exceeding two
SEC. 16. The Governor may convene the
legislature, or the senate alone, on extraordi-
nary occasions; and whenever, from the
presence of an enemy or from any other cause,
the seat of government shall become an unsafe
place for the meeting of the legislature, be
may direct their sessions to be held at some
other convenient place.
SEC. 17, it shall be the duty of the Gov-
ernor semi-annually, and oftener if he deem
it expedient, to examine the bank-book, ac-
count books, and official proceedings of the
treasurer and comptroller of the State.
SEC. 18. He shall, from time to time,
inform the legislature of the condition of the
State, and recommend to their consideration
such measures as he may judge necessary and

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 9   View pdf image (33K)
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