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§ 5. The General Assembly shall levy at each regular session after the adoption of this Constitution an annual tax of not less than ten cents on each one hundred dollars of taxable property throughout the State, for the support of the free public schools, which tax shall be collected at the same time and by the same agents as the general State levy; and shall be paid into the treasury of the State, and shall be distributed under such regulations as may be prescribed by law, among the counties and the city of Baltimore, in proportion to their respective population between the ages of five and twenty years; Provided, That the General Assembly shall not levy any additional school tax upon particular counties, unless such county express by popular vote its desire for such tax; the city of Baltimore shall provide for its additional school tax as at present, or as may hereafter be provided by the General Assembly, or by the Mayor and City Council of Baltimore.

§ 6. The General Assembly shall further provide by law, at its first session after the adoption of this Constitution, a fund for the support of the free public schools of the State, by the imposition of an annual tax of not less than five cents on each one hundred dollars of taxable property throughout the State, the proceeds of which tax shall be known as the public school fund, and shall be invested by the Treasurer, together with its annual interest until such time as said fund shall, by its own increase and any additions which may be made to it from time to time, together with the present school fund amount to six millions of dollars when the tax of ten cents in the hundred dollars authorized by the preceding section, may be discontinued in whole or in part, as the General Assembly may direct; the principal fund of six millions hereby provided, shall remain forever inviolate as the free public school fund of the State, and the annual interest of said school fund shall be disbursed for educational purposes only, as may be prescribed by law.

ARTICLE IX.

MILITIA AND MILITARY AFFAIRS.

SECTION 1. The militia shall be composed of all able-bodied male citizens, residents of this State, being eighteen years of age; and under the age of forty-five years, who shall be enrolled in the militia, and perform military duty in such manner, not incompatible with the Constitution and laws of the United States, as may be prescribed by the General Assembly of Maryland, but persons whose religious opinions and conscientious scruples forbid them to bear arms shall be relieved from doing so on producing to the proper authorities satisfactory proof that they are thus conscientious.

§ 2. The General Assembly shall provide at its first session after the adoption of this Constitution, and from time to time thereafter, as the exigency may require, for organizing, equipping and disciplining the militia in such a manner, not incompatible with the laws of the United States, as shall be most effective to repel invasion and suppress insurrection, and shall pass such laws as shall promote the formation of volunteer militia associations in the city of Baltimore and in every county, and to secure them such privileges or assistance as may afford them effectual encouragement.

§ 3. There shall be an Adjutant-General, who shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall hold his office at the pleasure of the Governor; shall perform such duties, and shall receive such compensation or emoluments as are now or may be hereafter fixed by law.

ARTICLE X.

COUNTIES AND TOWNSHIPS.

SECTION 1. The General Assembly may provide for organizing new counties, locating and removing county seats and changing county lines, but no new county shall be organized without the consent of a majority of the legal voters residing within the limits about to form said county, nor shall the lines of any county be changed without the consent of a majority of the legal voters residing within the limits of the lines proposed to be changed, nor shall any new county contain less than four hundred square miles nor less than ten thousand white inhabitants, nor shall any county be reduced below that amount of square miles. nor below that number of white inhabitants.

§ 2. The General Assembly shall provide by general law for dividing the counties into townships or permanent municipal corporations, in place of the existing election districts, prescribing their limits and confiding to them all powers necessary for the management of their public local concerns; and whenever the organization of these township corporations shall be perfected, all officers provided for in this Constitution, but whose official functions shall have been superseded by such organizations shall be dis

pensed with, and the affairs of such townships and of the counties as affected by the action of such townships shall be transacted in such manner as the General Assembly may direct.

ARTICLE XI.

AMENDMENTS OF THE CONSTITUTION.

SECTION 1. The General Assembly may propose any amendment or amendments to this Constitution, which shall be agreed to by three-fifths of all the members elected to both Houses. Such proposed amendment or amendments, with the yeas and nays thereon, shall be entered on the journal of each House; shall be printed with the laws passed at the same session, and shall be published, by order of the Governor, in all the newspapers printed in the different counties of this State, and in three newspapers printed in the city of Baltimore (one of which shall be printed in the German language) for at least three months preceding the next election for members of the General Assembly, at which election the said proposed amendment or amendments shall be submitted to the qualified electors of the State for their confirmation or rejection; and if it shall appear to the satisfaction of the Governor, from the returns of said election made to him by the proper authorities, that a majority of the qualified votes cast at said election on the proposed amendment or amendments were in favor of the said proposed amendment or amendments, he shall, by proclamation, declare said amendment or amendments to be part of the Constitution of this State. When two or more amendments shall be submitted by the General Assembly to the qualified electors of the State at the same election, they shall be so submitted that the electors may vote for or against each amendment separately.

§ 2. Whenever two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a Convention to revise, amend or change this Constitution, they shall recommend to the electors to vote at the next election for members of the General Assembly for or against a Convention; and if a majority of all the electors voting at said election shall have voted for a Convention, the General Assembly shall, at their next session, provide by law for calling the same.

The Convention shall consist of as many members as both Houses of the General Assembly, who shall be chosen in the same manner, and shall meet within three months after their election for the purpose aforesaid.

§ 3. At the general election to be held in the year one thousand eight hundred and eighty-two, and in each twentieth year thereafter, the question "Shall there be a Convention to revise, alter or amend the Constitution" shall be submitted to the electors of the State, and in any case a majority of all the electors voting at such election shall decide in favor of a Convention, the General Assembly at its next session shall provide by law for the election of delegates and the assembling of such Convention, as is provided in the preceding section; but no amendment of this Constitution agreed upon by any Convention assembled in pursuance of this article shall take effect until the same shall have been submitted to the electors of the State, and adopted by a majority of those voting thereof.

ARTICLE XII.

SCHEDULE.

SECTION 1. Every person holding any office created by or existing under the Constitution or laws of the State, the entire amount of whose pay or compensation received for the discharge of his official duties shall exceed the yearly sum of three thousand dollars, except wherein otherwise provided by this Constitution, shall keep a book in which shall be entered any sum or sums of money received by him or on his account as a payment or compensation for his performance of official duties, a copy of which entries in said book, verified by the oath of the officer by whom it is directed to be kept, shall be returned yearly to the Comptroller of the State for his inspection and that of the General Assembly of the State, and each of the said officers, when the amount received by him for the year shall exceed three thousand dollars, shall yearly pay over to the Treasurer of the State the amount of such excess by him received, subject to such disposition thereof as the General Assembly may direct; and such officer failing to comply with this requisition shall be deemed to have vacated his office and be subject to suit by the State for the amount that ought to be paid into the treasury.

§ 2. The several courts, except as herein otherwise provided, shall continue with like powers and jurisdiction, both at law and in equity, as if this Constitution had not been adopted, and until the organization of the Judicial Department provided by this Contsitution.

§ 3. If at any election directed by this Constitution any two or more candidates shall have the highest and an equal number of votes, a new election shall be ordered, except in cases specially provided for by this Constitution.

4. In the trial of all criminal cases the jury shall be the judges of law as well as fact. 5. The trial by jury of all issues of fact in civil proceedings in the several courts of law in this State, where the amount in controversy exceeds the sum of five dollars, shall be inviolably preserved.

§ 6. All officers, civil and military, now holding office, whether by election or appointment under the State, shall continue to hold and exercise their offices, according to their present tenure, unless otherwise provided in this Constitution until they shall be superseded pursuant to its provisions, and until their successors be duly qualified, and the compensation of such officers which has been increased by this Constitution shall take effect from the first day of January, eighteen hundred and sixty-five.

§ 7. General elections shall be held throughout the State on the Tuesday next after the first Monday in the month of November of each and every year; at the election held in the year eighteen hundred and sixty-four all State officers required to be elected under this Constitution during that year shall be elected, and in like manner in every second year thereafter an election shall be held for those State officers whose terms are about to expire; at the election held in the year eighteen hundred and sixty-five all county officers required to be elected under this Constitution in that year shall be elected, and in like manner in every second year thereafter an election shall be held for those county officers whose terms are about to expire; Provided, however, The judges of the several courts of this State, except the Judges of the Orphans' Court, shall be elected at the regular election, whether for State or County officers, as the case may be, immediately preceding the expiration of the term of the incumbent whose place is to be filled.

VOTE ON THE CONSTITUTION.

§ 8. For the purpose of ascertaining the sense of the people of this State in regard to the adoption or rejection of this Constitution the Governor shall issue his proclamation within five days after the adjournment of this Convention, directed to the Sheriff of the city of Baltimore, and to the Sheriffs of the several counties of this State, commanding them to give notice, in the manner prescribed by law, that an election will be held in the city of Baltimore on the twelfth day of October, in the year eighteen hundred and sixty-four and in the several counties of this State on the twelfth and thirteenth days of October, in the same year, at the usual places of holding elections in said city and counties, for the adoption or rejection of this Constitution, which election shall be held in the said city of Baltimore on the twelfth day of October, eighteen hundred and sixty-four, between the hours of eight o'clock A. M. and 5 o'clock P. M., and in the said several counties of this State on the said twelfth and thirteenth days of October, eighteen hundred and sixty-four between the hours of eight o'clock A. M. and five o'clock P. M., and the judges of election of said city, and of the several counties of the State, shall receive at said election the votes only of such electors as are qualified according to the provisions of this Constitution, who may offer to vote at such election, and the said Sheriffs shall also give notice on or after the twelfth day of October, eighteen hundred and sixty-four, for all elections provided for by this Constitution, to be held during that year.

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§ 9. At the said election the vote shall be by ballot, and each ballot shall describe thereon the words "For the Constitution 66 or Against the Constitution," as the voter may select, and it shall be conducted in all respects as the general elections in this State are now conducted. The judges of election shall administer to every person offering to vote, the oath or affirmation prescribed by this Constitution, and should any person offering to vote refuse or decline to take said oath, he shall not be permitted to vote at such election, but the taking of such oath or affirmation shall not be deemed conclusive evidence of the right of such person to vote, and it shall be the duty of the return judges of said city, and of the several counties of the State, having counted the votes given for or against the adoption of this Constitution, to certify the result thereof in the manner now prescribed by law, accompanied with a special statement, that every person, who has voted, has taken the oath or affirmation prescribed by this Constitution ; and the Governor, upon receiving such result, and ascertaining the aggregate vote throughout the State, including the soldiers' vote, hereinafter provided for, shall, by his proclamation make known the same, and if a majority of the votes cast shall be for the adoption of this Constitution, it shall go into effect on the first day of November, eighteen hundred and sixty-four.

§ 10. And the Governor shall exclude from count the votes of any county or city, the return judges of which shall fail to certify in the returns, as prescribed by this schedule, that all persons who have voted have taken the oath prescribed to be taken, unless the Governor shall be satisfied that such oath was actually administered, and that the failure to make the certificate has been from inadvertance or mistake.

SOLDIERS' VOTE.

§ 11. Any qualified voter of this State who shall be absent from the county or city of his residence by reason of being in the military service of the United States, so as not to be able to vote at home, on the adoption or rejection of this Constitution, or for all State officers elected on general ticket, and for presidential electors and for members of Congress, at the election to be held on the Tuesday next after the first Monday in the month of November, eighteen hundred and sixty-four, shall be entitled to vote at such elections as follows: A poll shall be opened in each company of every Maryland regiment in the service of the United States or of this State on the day appointed by this Convention for taking the vote on the new Constitution, or some other day not more than five days thereafter, at the quarters of the commanding officer thereof, and voters of this State belonging to such company who shall be within ten miles of such quarters on the day of election may vote at such poll; the polls shall be opened at eight o'clock A. M. and close at six o'clock P. M.; the commissioned officers of such company, or such of them as are present at the opening of the polls, shall act as judges, and any one officer shall be competent so to act, and if no officer be present then the voters in such company present shall elect two of the voters present to act as judges of the election; before any votes are received, each of the judges shall take an oath or affirmation that he will perform the duties of judge according to law; will prevent fraud and observe and make proper return thereof, and such oath the judges may administer to each other; the election shall be by ballot, and any voter may vote either "For the Constitution " Against the Constitution."

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12. Any qualified voter of this State who shall be absent from the city or county of his residence on the day for taking the vote on the adoption or rejection of this Constitution by reason of his being in the military service of the United States, but shall be at some hospital or military post, or on duty within this State, and not with his company, may vote at the nearest polls to such place on satisfying the judges that he is a legal and qualified voter of this State.

§ 13. The judges may swear any one offering to vote as to his being a legal voter of this State. The judges shall take down on a poll-book or list, the names of all the voters as their votes are taken, and the tickets shall be placed in a box as taken; after the polls are closed, the tickets shall be counted and strung on a thread, and the judges shall make out a certificate which they shall sign, addressed to the Governor at Annapolis, in which they shall state they have taken the oath hereby prescribed, and shall certify the number of votes taken and the number of votes for the Constitution, and against the Constitution; the said certificates shall be accompanied with the names of the voters and shall be plainly expressed, but no particular words shall be required.

§ 14. The judges shall, as soon as possible, transmit said returns, with the tickets so strung, to the Governor, who shall receive the return of the soldiers' vote, and shail cast up the same and judge of the genuineness and correctness of the returns, and may recount the threaded tickets so as to satisfy himself, and the Governor shall count said vote with the aggregate vote of the State on the adoption or rejection of this Constitution, and shall wait for fifteen days after the day on which the State vote is taken, so as to allow the returns of the soldiers' vote to be made before the result of the whole vote is announced. The Governor shall receive the returns of the soldiers' vote on said election for State officers, Presidential Electors and members of Congress, and shall count the same with the aggregate home vote on State officers, and the aggregate home vote in each district respective for members of Congress.

§ 15. The Governor shall make known to the officers of the State regiments the provisions of this article of the schedule, and request them to exercise the rights hereby conferred upon them, and shall take all means proper to secure the soldiers' vote; and the General Assembly, at its first session after the adoption of this Constitution shall make proper appropriation to pay any expense that may arise herein.

§ 16. If this Constitution shall be adopted by the people, the provisions contained herein for taking the soldiers' vote on the adoption of the Constitution shall apply to all

elections to be held in this State until the General Assembly shall provide some other mode of taking the same.

Done in Convention, the sixth day of September, in the year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth.

ATTEST-W. R. COLE, Secretary.

State of Maryland, Sct.:

HENRY H. GOLDSBOROUGH,
President of the Convention.

I, George Earl, Clerk of the Court of Appeals of Maryland, do hereby certify that this Constitution was, on this sixth day of September, in the year of our Lord one thousand eight hundred and sixty-four, filed in this office. Witness my hand:

GEORGE EARLE, Clerk of the Court of Appeals.

CONSTITUTION OF MASSACHUSETTS. 1780.*

PREAMBLE.

The end of the institution, maintenance and administration of Government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying, in safety and tranquillity, their natural rights, and the blessings of life; and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.

The body politic is formed by a voluntary association of individuals; it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a Constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them; that every man may, at all times, find his security in them. We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit and solemn compact with each other; and of forming a new Constitution of civil government for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights and Frame of Government, as the CONSTITUTION of the COMMONWEALTH OF MASSACHUSETTS.

* The Convention which formed this Constitution met at Cambridge Sept. 1, 1779, and continued by adjournments to March 2, 1780, when it adjourned till June. In the mean time, the Constitution which it had prepared, was submitted to a popular vote, and approved by two-thirds. The Convention accordingly declared its adoption, and resolved that it should go into effect on the last Wednes day of October following. The first Legislature assembled at Boston, Oct. 25, 1780. The twenty-six amendments were submitted and ratified as follows:

1st to 9th. Submitted by a Convention, Nov. 15, 1820; ratified by the people, April 9, 1822. 10th. Adopted by the Legislature in 1829-30 and 1830-31; ratified May 11, 1831.

11th. Adopted in 1832 and 1833; ratified Nov. 11, 1833.

12th. Adopted in 1835 and 1836; ratified Nov. 19, 1836.

13th. Adopted in 1839 and 1840; ratified April 6, 1840.

14th to 19th. Adopted in 1854 and 1855; ratified May 23, 1855.

20th to 22d. Adopted in 1856 and 1857; ratified May 1, 1857. 23d. Adopted in 1858 and 1859; ratified May 9, 1859.

24th and 25th. Adopted in 1859 and 1860; ratified May 7, 1860. 26th. Adopted in 1862 and 1863; ratified April 6, 1863.

By an act passed May 7, 1852, a Convention was ordered for revising the Constitution. It met on the 7th of May, 1853, and remained in session until August 1, 1853, when it reported a new Constitution to be submitted to a popular vote, under eight different propositions, all of which were decided in the negative, at an election held November 14, 1853. On the first proposition, including the preamble, declaration of rights and frame of government, the vote stood 63,222 for and 68,150 against adoption.

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