1776.
PROCEEDINGS of CONVENTION.
them shall be re-appointed, they may continue to act without
any new commission or qualification; and
every officer, though not re-appointed, shall continue to act until the
person who shall be appointed and
commissioned in his stead shall be qualified.
50. That the governor, every member of the council,
and every judge and justice, before they act as
such, shall respectively take an oath, that he will not, through favour,
affection or partiality, vote for any
person to office, and that he will vote for such person as in his judgment
and conscience he believes
most fit and best qualified for the office, and that he has not made, nor
will make, any promise or engagement
to give his vote or interest in favour of any person.
51. That there be two registers of the land-office,
one upon the western and one upon the eastern
shore; that short extracts of the grants and certificates of the land on
the western and eastern shores respectively
be made in separate books, at the public expence, and deposited in the
offices of the said registers,
in such manner as shall hereafter be provided by the general assembly.
52. That every chancellor, judge, register of
wills, commissioner of the land-office, attorney-general,
sheriff, treasurer, naval officer, register of the land-office, register
of the chancery court, and every clerk
of the common law courts, surveyor, and auditor of public
accounts, before he acts as such, shall take
an oath, that he will not, directly or indirectly, receive any fee or reward
for doing his office of ________
_______, but what is or shall be allowed by law, nor will, directly or
indirectly, receive the profits, or
any part of the profits, of any office held by any other person, and that
he does not hold the same office in
trust or for the benefit of any other person.
53. That if any governor, chancellor, judge, register
of wills, attorney-general, register of the land-office,
commissioner of the loan-office, register of the chancery court, or any
clerk of the common law
courts, treasurer, naval officer, sheriff, surveyor, or auditor of public
accounts, shall receive, directly or
indirectly, at any time, the profits, or any part of the profits, of any
office held by any other person, during
his acting in the office to which he is appointed, his election, appointment
and commission, on conviction
in a court of law, by the oath of two credible witnesses, shall be void,
and he shall suffer the punishment
for wilful and corrupt perjury, or be banished this state for ever, or
disqualified for ever from holding
any office or place of trust or profit, as the court
may adjudge.
54. That if any person shall give any bribe, present
or reward, or any promise, or any security for the
payment or delivery of any money, or any other thing, to obtain or procure
a vote, to be governor, senator,
delegate to congress or assembly, member of the council, or judge, or to
be appointed to any of the
said offices, or to any office of profit or trust, now created or hereafter
to be created in this state, the person
giving and the person receiving the same, on conviction in a court of law,
shall be for ever disqualified
to hold any office of trust or profit in this state.
55. That every person appointed to any office
of profit or trust shall, before he enters on the execution
thereof, take the following oath, to with: " I, A. B. do swear, that
I do not hold myself bound in allegiance
" to the king of Great-Britain, and that I will be faithful and bear true
allegiance to the state of
" Maryland." And shall also subscribe a declaration of his belief
in the christian religion.
56. That there be a court of appeals, composed
of persons of integrity and sound judgment in the law,
whose judgment shall be final and conclusive in all cases of appeal from
the general court, court of chancery,
and court of admiralty: That one person of integrity and sound judgment
in the law, be appointed judges of the
court now called the provincial court; and that the same court be hereafter
called and known by the
name of the General Court; which court shall sit on the western and eastern
shores for transacting and
determining the business of the respective shores, at such times and places
as the future legislature of this
state shall direct and appoint.
57. That the style of all laws run thus, " Be
it enacted, by the general assembly of Maryland:" That
all public commissions and grants run thus, " The state of Maryland, &c."
and shall be signed by the governor,
and attested by the chancellor, with the seal of the state annexed, except
military and militia
commissions, which shall not be attested by the chancellor, or have the
seal of the state annexed: That
all writs shall run the same style, and be tested, sealed and signed, as
usual: That all indictments shall
conclude, " Against the peace, government and dignity of the state."
58. That all penalties and forfeitures, heretofore
going to the king or proprietary, shall go to the state,
save only such as the general assembly may abolish or otherwise provide
for.
59. That this form of government, and the declaration
of rights, and no part thereof, shall be altered,
changed, or abolished, unless a bill so to alter, change or abolish the
same, shall pass the general assembly,
and be published at least three months before a new election, and shall
be confirmed by the general assembly
after a new election of delegates, in the first sessions after such new
election; provided that nothing in
this form of government, which relates to the eastern shore particularly,
shall at any time hereafter be altered,
unless for the alteration and confirmation thereof at least two thirds
of all the members of each
branch of the general assembly shall concur.
60. That every bill passed by the general assembly,
when engrossed, shall be presented by the speaker
of the house of delegates, in the senate, to the governor for the time
being, who shall sign the same, and
thereto affix the great seal, in the presence of the members of both houses:
every law shall be recorded in
the general court office of the western shore, and in due time printed,
published and certified, under the
great seal, to the several county courts, in the same manner as hath been
heretofore used in this state.
61. That to introduce the new government, an election
be held for the electors of the senate meet at Annapolis
on Monday the ninth of December in this present year, and there choose
senators, and that an election
be held on Wednesday the eighteenth of December for delegates to serve
in general assembly, and for
sheriffs; and that the said elections be made by such persons, in the same
manner, and under the same
qualifications, as such elections are herein before directed to be made
at the periodical times before mentioned;
the returns of all which first elections shall be made to the council of
safety for the time being,
and the general assembly shall meet at Annapolis on Monday the tenth of
February next; and shall, in their
then session, or in such future session as they shall think proper, choose
a governor and council for the residue
of the year in the manner before directed; and for filling in the first
instance only all the offices in the
disposition of the governor, with the advice of the council, the house
of delegates may also propose to the
senate a list of all officers in the appointment of the governor with the
advice of the council, and on the
senate concurring therein, or in the recommendation of any of the persons
therein mentioned, such persons
so recommended shall be commissioned by the governor; but if the senate
shall not concur in the
recommendation of any of the persons proposed as aforesaid, then shall
a joint ballot of both houses be
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