Maryland State Archives

Current Maryland Manual On-Line information:
http://msa.maryland.gov/msa/mdmanual/08conoff/html/01govf.html
Under Maryland's first constitution of 1776, the Governor was chosen annually by joint ballot of both houses of the General Assembly (Const. 1776, sec. 25). In 1838, by constitutional amendment, voters began to elect the Governor every three years from one of three rotating gubernatorial districts (Chapter 197, Acts of 1836, ratified 1837). At each election, only voters from a single gubernatorial election district selected the Governor. By 1851, the Governor's term of office was lengthened to four years (Const. 1851, Art. 2, sec. 1). The Constitution of 1864 eliminated the rotating gubernatorial election districts. Since the election of 1868, the Governor has been elected by all the voters of the State.

Constitutions:
1776 Constitution sec. 25
1851 Constitution Art. II
1864 Constitution Art. II
1867 Constitution Art. II
Current Constitution Art. II

Constitutional comparison table from 1967 Constitutional Revision Study Documents

Historical List of Governors:
Governors Elected by the Legislature under the Constitution of 1776
Governors Elected by the People under the Constitutional Amendments of 1838

Current Maryland Manual On-Line information:
http://msa.maryland.gov/msa/mdmanual/08conoff/html/04treasf.html
The Constitution of 1776 provided for two State Treasurers - the Treasurer of the Eastern Shore, and the Treasurer of the Western Shore - each elected by the House of Delegates. These two offices were consolidated by the General Assembly in 1841. The Constitution of 1851 provided that a single Treasurer of the State should be elected by joint ballot of both houses of the General Assembly. Not until 1973 did the Legislature elect the first full-time State Treasurer. The State Treasurer serves a four-year term coinciding with that of the Governor.

pp. 196-200 of Dan Friedman, The Maryland State Constitution (Westport, CT: Praeger, 2006).

Constitutions:
1776 Constitution sec. 13
1851 Constitution Art. VI
1864 Constitution Art. VI
1867 Constitution Art. VI
Current Constitution Art. VI

Constitutional comparison table from 1967 Constitutional Revision Study Documents

Historical List of Treasurers, 1775-present

Current Maryland Manual On-Line information:
http://msa.maryland.gov/msa/mdmanual/08conoff/html/03compf.html
The office of the Comptroller of Maryland was established by the Constitution of 1851 (Art. VI, secs. 1-4). Delegates to the 1850 Constitutional Convention, concerned about the potential for fraud and corruption in the administration of the public treasury, established the office as a check on the State Treasurer. The present Constitution enumerates the duties of the Comptroller's office, beginning with the broad mandate to exercise "general superintendence of the fiscal affairs of the State", which includes collecting taxes and maintaining the general ledger. In contrast, the State Treasurer oversees the State Treasury, investing funds received by the State, issuing and redeeming bonds, and paying the obligations of State government. Whereas, the Comptroller (or deputies) countersigns all checks drawn by the State Treasurer upon the deposits of the State. The Comptroller also prescribes the formalities for transfer of other evidence of State debt and countersigns such papers.

Historical Timeline prepared for the Comptroller's 150th Anniversary:
http://msa.maryland.gov/msa/speccol/sc5300/sc5368/html/timeline.html

pp. 196-200 of Dan Friedman, The Maryland State Constitution (Westport, CT: Praeger, 2006).

Constitutions:
1851 Constitution Art. VI secs. 1-4
1864 Constitution Art. VI secs. 1-3
1867 Constitution Art. VI secs. 1-2
Current Constitution Art. VI

Constitutional comparison table from 1967 Constitutional Revision Study Documents

Current Maryland Manual On-Line information:
http://msa.maryland.gov/msa/mdmanual/08conoff/html/01sosf.html
The office of Secretary of State was created by constitutional amendment in 1838 to replace the Governor's Council (Chapter 197, Acts of 1836; Chapter 84, Acts of 1837). Appointed by the Governor and confirmed by the Senate, the Secretary of State attests to the Governor's signature on public papers and documents (Const., Art. II, secs. 22-23). The office is the repository for all executive orders and proclamations and is responsible for their distribution (Code State Government Article, secs. 3-404, 3-405). The Secretary of State also maintains records of all commissions issued and appointments made by the Governor.

Historical Narrative and Chronology of the Secretary of State's Office as prepared by intern Rebecca Brooks:
http://msa.maryland.gov/msa/speccol/sc2600/sc2685/html/sos.html

pp. 81-82 of Dan Friedman, The Maryland State Constitution (Westport, CT: Praeger, 2006).

Constitutions:
1851 Constitution Art. II secs. 22-23
1864 Constitution Art. II secs. 23-24
1867 Constitution Art. II secs. 22-23
Current Constitution Art. II Secs. 22-23

Constitutional comparison table from 1967 Constitutional Revision Study Documents

Historical List of Secretaries of State, 1838-present

Current Maryland Manual On-Line information:
http://msa.maryland.gov/megafile/msa/mdmanual/08conoff/html/06agf.html
In Maryland, the office of Attorney General was established by the Constitution of 1776 (sec. 48). The office was abolished by Constitutional amendment in 1817, (Chapter 247, Acts of 1816, ratified 1817). The General Assembly in 1818 recreated the office by statute (Chapter 146, Acts of 1817). By 1851, the Attorney General's duties were fulfilled by a state's attorney in each county and in Baltimore City (Const. 1851, Art. V, sec. 3). The office of Attorney General was reestablished by the Constitution of 1864 (Art. V, sec. 1).

Constitutions:
1776 Constitution Sec. 48
1851 Constitution Art. V sec. 3
1864 Constitution Art. V sec. 1
1867 Constitution Art. V Sec. 1-6
Current Constitution Art. V Secs. 1-6

Constitutional comparison table from 1967 Constitutional Revision Study Documents

Discussion of history of the Office of the Attorney General and its abolition in 1851 from James Warner Harry. The Maryland Constitution of 1851. Johns Hopkins University Studies in Historical and Political Science. Eds. J. M. Vincent, J. H. Hollander, and W. W. Willoughby. Series XX, Nos. 7-8. Baltimore: The Johns Hopkins Press, 1902. (http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000631/html/am631--76.html)

pp. 186-95 of Dan Friedman, The Maryland State Constitution (Westport, CT: Praeger, 2006).

Current Maryland Manual On-Line information:
http://msa.maryland.gov/msa/mdmanual/08conoff/html/02ltgovf.html
In Maryland, the office of Lieutenant Governor originally was created by the Constitution of 1864 and functioned from 1865 to 1868. The office was reestablished by Constitutional amendment in 1970 (Chapter 532, Acts of 1970, ratified Nov. 3, 1970).

Constitutions:
1864 Constitution Art. II Sec. 6-10
Current Constitution Art. II

Dan Friedman notes that the 1864 Constitution did not require that the Governor and Lt. Governor be from the same political party. He states "In fact, for one term under the 1864 constitution, the incumbents were from different parties. This created a difficult and embarrassing political situation and the office of Lieutenant Governor was abolished in the 1867 Maryland Constitution." (Friedman, 60). However, biographies of Thomas Swann and Christopher C. Cox indicate they were both members of the Union Party. Frank White's biography of Gov. Swann in The Governors of Maryland even refers to them as running mates. (White, 167). The distinction may be that Swann became a Democrat around 1866, while it appears Cox remained a Unionist.
pp. 59-69 of Dan Friedman, The Maryland State Constitution (Westport, CT: Praeger, 2006).

Discussion of the creation of Office of the Lieutenant Governor from James Warner Harry. The Maryland Constitution of 1851. Johns Hopkins University Studies in Historical and Political Science. Eds. J. M. Vincent, J. H. Hollander, and W. W. Willoughby. Series XX, Nos. 7-8. Baltimore: The Johns Hopkins Press, 1902. (http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000667/html/am667--69.html)

Current Maryland Manual On-Line information:
http://msa.maryland.gov/msa/mdmanual/25ind/html/51milf.html
Under State government, the office of Adjutant General was authorized first in 1793 and made a Constitutional office in 1851 (Chapter 53, Acts of 1793; Const. 1851, Art. lX, sec. 2). The Adjutant General heads the Military Department and exercises powers and duties under the Militia Law of Maryland (Code Public Safety Article, secs. 13-101 through 13-905). The organization of the Military Department also conforms to Title 32 of the U.S. Code and regulations issued pursuant thereto.

Constitutions:
1851 Constitution, Art. IX Sec. 2
1864 Constitution Art. IX, Sec. 3 as published by Edward Otis Hinkley
1867 Constitution Art. IX Sec. 2
Current Constitution Art. IX Sec. 2

Constitutional comparison table from 1967 Constitutional Revision Study Documents

pp. 206-207 of Dan Friedman, The Maryland State Constitution (Westport, CT: Praeger, 2006).

Historical List of Adjutants General, 1794-present

Per Dan Friedman, "State's Attorneys first appeared in the Maryland Constitution of 1851 but, at that time, they served as a replacement for the defunct office of the Attorney General. It was not until the constitution of 1864 that they assumed their modern prosecutorial role." (Friedman, 192)
pp. 186-95 of Dan Friedman, The Maryland State Constitution (Westport, CT: Praeger, 2006).

"One state's at- torney was to be elected by popular vote in each county and in the city of Baltimore. The duties of the state's at- torneys were defined as being the same as that of attorney- general and his deputies, whom they superseded. The term of office was fixed at four years. The salary was to be paid in fees." (James Warner Harry. The Maryland Constitution of 1851, http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000631/html/am631--77.html)

Constitutions:
1851 Constitution Art. V
1864 Constitution Art. V Sec. 7
1864 Constitution Art. V, Sec. 7 as published by Edward Otis Hinkley
1867 Constitution Art. V Secs. 7-12
Current Constitution Art. V Secs. 7-12

Constitutional comparison table from 1967 Constitutional Revision Study Documents

Laws:

1817 Md. Laws ch. 146 - An act providing for the appointment of an Attorney General, and of District Attorneys, in the several Judicial Districts of this State, and for Baltimore City Court.

1819 ch. 37 - A Further Supplement to an act, entitled, An act providing for the appointment of an Attorney General, and of District Attornies, in the several Judicial Districts of this State, and for Baltimore City Court.

1821 ch. 126 - An act providing for the appointment of an Attorney General.
Section 6 repealed the 1817 and 1819 Acts.

District Attorneys appointed under the 1817 and 1819 laws:
Source: GOVERNOR AND COUNCIL (Commission Record) 1777-1827, Liber TAS 1 ff. 485-486, MdHR 1347, MSA S 1080-7.

1st District
1. Raphael Neale, appointed 10 February 1818; resigned in October 1818 and served in the U.S. House of Representatives from March 1819 to March 1825. (Source: Marylanders Who Served the Nation)
2. Gerard N. Causin, appointed 11 October 1818

2nd District
Alexander Hands, appointed 10 February 1818

3rd District
Addison Ridout, appointed 10 February 1818 (Born 1/16/1795; Died Aug. 1826. Son of Samuel (a lawyer) and Mary Grafton (Addision) Ridout. Died unmarried. Source: McIntire, Robert H. Annapolis Maryland Families Volume II p. 464. Per Historical List, represented Annapolis in the House of Delegates in 1825.)

4th District
Josiah Bayly, appointed 10 February 1818. Served as a deputy to Roger B. Taney prior to appointment as Attorney General in 1831. Also served in the House of Delegates.

5th District
1. Franklin Anderson, appointed 10 February 1818; resigned
2. Roger Perry, appointed 1 November 1819 (Was from Allegany County. "Major Perry was the oldest member of the Bar, and was considered by the Court and his brother members a sound lawyer, a discreet and able counsellor, an excellent advocate, and above all 'an honest man - the noblest work of God.' At an earlier day, Major Perry was the State's Attorney for the Judicial District composed of Allegany, Washington and Frederick counties. His practice at home, and the large business in which he was engaged, induced him to resign that office, after performing its important duties for some years." (Source: Thomas, James W. and Judge T.J.C. Williams. History of Allegany County Maryland. (Baltimore: Regional Publishing Company, 1969) 141.)

6th District
1. Samuel Livermore, appointed 10 February 1818; resigned. Author of works on agents and principals which are still cited today.
2. Henry Maynadier Murray, appointed 18 January 1819 (As a District Attorney he appeared before the Maryland Court of Appeals in State v. Buchanan, 5 H&J 317 (1821). See Six Significant Cases packet.)

City of Baltimore
Luther Martin, appointed 10 February 1818 (died in 1826)

Constitutions:
1776 Constitution Sec. 42
1851 Constitution Art. IV, Sec. 20
1864 Constitution Art. IV, Sec. 49
1864 Constitution Art. IV, Sec. 49 as published by Edward Otis Hinkley
1867 Constitution Art. IV Sec. 44
Current Constitution Art. IV Sec. 44

Constitutional comparison table from 1967 Constitutional Revision Study Documents

The office of sheriff was a common law tradition brought to the Maryland colony from England. "Originally, the royal governor appointed sheriffs, but despite these artistocratic roots, the office was retained, albeit in a democratically-elected form, after the American Revolution. The office of sheriffs has been recognized in each of Maryland's Constitutions, although there have been significant changes and modernizations in the eligibility for election and suffrage, method of election, term of office, and manner for filling vacancies in the office of sheriff." (Friedman, 184).
pp. 183-85 of Dan Friedman, The Maryland State Constitution (Westport, CT: Praeger, 2006).

Chart about evolution of Sheriff's Office found among Jane McWilliams LHP notes.

Per Article 15 of the 1776 Constitution, http://aomol.msa.maryland.gov/megafile/msa/speccol/sc4800/sc4872/003145/html/m3145-0207.html
Electors shall gather and "proceed to elect.....fifteen senators (nine of whom to be residents on the western, and six to be residents on the eastern shore)"

Despite numerous attempts to "reform" the Senate (see Everstine's The General Assembly of Maryland, 1776-1850 pp. 443-448), direct election of senators and an expansion of the membership did not happen until the 1838 session. This was the result of a constitutional amendment passed in 1836 (see 1836 Laws of Maryland chapter 197, http://aomol.msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000537/html/am537--188.html). I believe an amendment had to pass the legislature in 2 concurrent sessions in order to take effect. The 1836 amendment provided for twenty-one senators beginning with the December 1838 session (see section 3 of this law).

1838 seems to be a date in which numerous constitutional changes concerning the form of MD government took place, including the election of William Grason, the first governor elected by popular vote. Howard County was created via constitutional amendment at this time as well (does this include an addition of a Senate seat for it as well as when other counties were created?)

The constitution adopted during the 1850 convention simply states that "Every county of the State and the city of Baltimore, shall be entitled to elect one Senator" (see Art. II sec. 2, http://aomol.msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000101/html/am101d--8.html). New counties came out of the constitution as well. (JH, 3/17/09)