DOCUMENTS
DEPT.

Maryland, Sct:

I, GEORGE EARLE, Clerk of the Court of Appeals of Maryland, do hereby certify, that the annexed is a correct copy of the Constitution of Maryland, deposited in the Clerk's Office of said Court, on the seventeenth day of August, in the year of our Lord one thousand eight hundred and sixty-seven.

Ju Witness whereof, I hereunto set my name as Clerk, and affix the seal of the said Court of Appeals of Maryland on this Twenty-first day of October, eighteen hundred and sixtyGEORGE EARLE, CLERK

seven.

of the Court of Appeals of Maryland.

PREFACE.

Turs Edition of the Declaration of Rights and Constitution of Maryland has been prepared in pursuance of an order of the Convention. Great pains have been taken both by the Editor and the Publishers to make it as perfect as possible.

Lists of the Members of the Convention and of its several Committees, and the Proclamations of the Governor convening the Convention, and declaring the adoption of the Constitution by the People have been prefixed.

Notes have been placed on the margin indicating the contents, also notes referring to some of the Acts of Assembly passed since 1851 in pursuance of, or having reference to the Constitutions of 1851 and 1864, and to the Decisions of the Court of Appeals from the foundation of the Government of the State to this date.

A brief commentary is appended shewing the principal changes in the Form of Government of the State, made by the several Constitutions of 1851, 1864 and 1867.

The Index at the end of the work is very full, giving reference to every important word, and the number of the Article, Section and Page wherein it may be found,-and to accomplish this the same matter has been indexed under three or four heads.

It is to be noted that some clerical errors occur in the engrossed document on file in the office of the Clerk of the Court of Appeals,and the proof having been read by him, so as to make this work as exact as possible, these errors are noted thus: On page 28 the word [of] having been repeated, is placed in brackets in Roman type, and the letter [d] on same page is printed in same way, and on pages 40 and 115, the word [be] having been omitted, is added and placed in brackets. The word removal at bottom of page 102, is in the engrossed document, it seems to be an error for renewal.

The Publishers have by these additions, as well as by great care in the typography, endeavored to render this edition as accurate as possible. They hope that the Notes, Index, &c., as well as the style in which it is produced will be acceptable to all.

PROCEEDINGS.

A PROCLAMATION

BY THE GOVERNOR OF MARYLAND.

STATE OF MARYLAND, EXECUTIVE DEPARTMENT.

Whereas, By an Act of the General Assembly of Maryland, passed at January session, 1867, entitled "An Act to provide for taking the sense of the people of this State on the call of a Convention to form a new Constitution and Form of Government, and for assembling the members thereof," it was enacted that an election should be held as provided by said Act to take the sense of the people on the question of the call of the Convention, and to elect delegates thereto in case said call was sustained by a majority of the votes cast;

And Whereas, It is by said Act made the duty of the Governor to count and cast up the number of ballots cast at said election for and against a Convention, and the blank ballots cast, and the ballots cast for delegates to said Convention, and if it should thereupon appear that more votes had been cast in favor of the call of a Convention than against such call, to issue his proclamation declaring the persons having the majority in the several counties and in the city of Baltimore, respectively, to be elected to said Convention, and for the assembling of the members thereof;

And Whereas, The returns of said election have been received from the city of Baltimore and the several counties of the State, and upon counting and casting up the ballots which, according to said returns, were cast at the election held for said purpose on the 10th day of April instant, it appears that the whole number of votes cast was 58,718, of which 34,534 were for a Convention, and 24,136 against a Convention, and 48 blank ballots; and it therefore appearing that

4

more votes have been cast in favor of the call of a Convention than against the call of a Convention

Now, Therefore, I, THOMAS SWANN, Governor of the State of Maryland, in obedience to the requirements of the Act of Assembly aforesaid, do by this my proclamation declare and make known that the persons having the majority in the several counties and the city of Baltimore, respectively, have been duly elected delegates to said. Convention, and that the Convention authorized by said Act will be held in the city of Annapolis, on the SECOND WEDNESDAY OF MAY next, being the eighth day of said month, where the said delegates will, on that day, assemble to enter upon the discharge of the duties prescribed by the Act aforesaid.

GIVEN under my hand and the Great Seal of the State of Maryland, at the city of Annapolis, this twentieth day of April, in the year of our Lord eighteen hundred and sixty

seven.

By the Governor :

JOHN M. CARTER, Secretary of State.

THOMAS SWANN.

In conformity with the aforegoing Proclamation, and in obedience to the requirements of the Act of Assembly, the title of which is therein mentioned, the Convention assembled at 12 o'clock, M., on Wednesday the 8th day of May, in the year one thousand eight hundred and sixtyseven, in the Hall of the House of Delegates, in the city of Annapolis.

All the delegates elect appearing to be present, except Messrs. Thomas I. Hall, of Anne Arundel county, Anthony Kennedy, of Baltimore county, John W. Bennett, of Carroll county, Vivian Brent and John T. Stoddert, of Charles county, James Wallace, of Dorchester county, Henry D. Farnandis, of Harford county, William M. Merrick, of Howard county, and John B. Brooke and Elbert G. Emack, of Prince George's county.

On motion, by Mr. ISAAC D. JONES,

Mr. JOHN F. DENT was appointed temporary President; and Mr. JAMES R. HOWISON, temporary Secretary.

On motion, by Mr. JONES, it was

Ordered, That the Proceedings of the Convention be opened by prayer, and that the Rev. Mr. LEECH, who is now present, be requested to officiate; whereupon,

The Rev. Mr. LEECH offered a prayer.

Mr. CHARLES S. PARRAN, submitted the following order:
Which was agreed to.

Ordered, That a Committee of five be appointed by the Chair to inform the Governor that the Convention to frame a new Constitution for the State of Maryland, has assembled in the Hall of the House of Delegates, in accordance with the Act of the General Assembly, and his Proclamation relating thereto, and has temporarily organized by electing a Chairman and Secretary, and that the Convention desires to have a list of names of the Delegates who are shown by the returns made to him, to have been duly elected members of the Convention; whereupon,

Messrs. CHARLES S. PARRAN, of Calvert, ISAAC D. JONES, of Somerset, PHILIP H. ROMAN, of Allegany, BERNard Carter, of Baltimore city, and J. K. LONGWELL, of Carroll, are appointed the said committee.

The Committee retired, and on returning, reported that they had called on the Governor, as directed by the order of the Convention, and that the Governor would communicate the information desired forthwith.

On motion, by Mr. JONES,

To adjourn until to-morrow, at 12 o'clock,

It was determined in the negative.

The following message was received from the Governor, by Mr. LEARY, his Secretary :

EXECUTIVE DEPARTMENT,

Annapolis, May 8, 1867.

To the Convention :

GENTLEMEN:-In accordance with the application of your Honorable Body through the Committee appointed to confer with me, I transmit herewith a list of the members elected under the Act entitled "An Act to provide for taking the sense of the people of this State on the call of a Convention. to form a new Constitution and Form of Government, and for assembling the members thereof," passed at the late January session of the General Assembly of Maryland: and I also hand you the Proclamation of the Governor issued in accordance with the provisions of the said Act.

The official returns from the several counties and the city of Baltimore are on file in this office, subject to the use of the Convention. I have the honor to be, with great respect,

Your obedient servant,

THOMAS SWANN.