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The Maryland Constitution of 1851
Volume 631, Page 73   View pdf image (33K)
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74:                 The Maryland Constitution of 1851.              [452

The constitution of 1851 made only slight changes in
the executive department of the State. Prior to 1836 the
governor was elected by joint ballot of both Houses oi
the General Assembly. By an amendment to the consti-
tution in that year, the governor was to be elected by pop-
ular vote. The term of office was for three years. The
State was divided into three gubernatorial districts, from
each of which the governor was to be chosen in rotation.

The constitution of 1851 adhered to the system of dis-
tricting the State for the election of the governor. The
counties of the Eastern Shore formed one district. St.
Mary's, Charles, Calvert, Prince George's, Anne Arundel,
Montgomery, and Howard counties, and Baltimore City
formed a second district. Baltimore, Harford, Frederick,
Washington, Allegany, and Carroll counties constituted
the third district. The qualification for the office of gov-
ernor was slightly changed. The requirements were a
five years' residence in the State, and a three years' resi-
dence in the district from which he was elected.

The most important change in the executive department
was the limitation on the governor's appointing power.
Previous to the adoption of the constitution of 1851, the
governor, with the consent of the Senate, appointed the
chancellor, all judges and justices and all civil officers of
the government (assessors, constables, and overseers of
roads only excepted).20 The governor also appointed the
clerks of the several county courts; the clerks of the court
of appeals, and of Baltimore City court. The register of
the High Court of Chancery, and the registers of wills
throughout the State were also appointed by the gover-
nor.21 This extensive power of appointment, or the " ex-
ecutive patronage " as it was called, was thought to have
an injurious influence upon popular elections, and a grow-
ing tendency to abuse. The constitution of 1851 provided
for the election of nearly all of these officers by popular

20 Constitution 1776, art. 48. 21 Act 1836, ch. 224, sec. 1.

 

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The Maryland Constitution of 1851
Volume 631, Page 73   View pdf image (33K)
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