AET. II] EXECUTIVE DEPARTMENT. 55

number of votes, be ineligible, the Governor shall be chosen by the
Senate and the House of Delegates. Every election of Governor by the
General Assembly shall be determined by a joint majority of the Senate
and House of Delegates, and the vote shall be taken viva voce. But if
two or more persons shall have 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 vote 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. A person to be eligible to the office of Governor must have
attained the age of thirty years, and must have been for ten years a
citizen of the State of Maryland, and for five years next preceding hid
election a resident of the State, and, at the time of his election, a quali-
fied voter therein.

Sec. 6. In the case of death or resignation of the Governor, or of
his removal from the State, or other disqualification, the General
Assembly, if in session, or if not, at their next session, shall elect some
other qualified person to be Governor for the residue of the term for
which the said Governor had been elected.

Sec. 7. In case of any vacancy in the office of Governor, during the
recess of the Legislature, the President of the Senate shall discharge
the duties of said office, until a Governor is elected, as herein provided
for; and in case of the death or resignation of the 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 impeachment of the Governor; and, in case of
his conviction, or his inability, may declare what person shall perform
the Executive duties; and for any vacancy in said office not herein
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. 8. The Governor shall be the 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. 9. He shall take care that the Laws are faithfully executed.

Sec. 10. He shall nominate, and by and with the advice and con-
sent of the Senate, appoint all civil and military officers of the State,
whose appointment or election is not otherwise herein provided for;
unless a different mode of appointment be prescribed by the Law creat-
ing the office.

Sec. 11. 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