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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 6   View pdf image
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6
far any candidate or person proposed or voted for,
as elector of President and Vice President of the
United States, or Representative in Congress, or
for any office of profit or trust, created by the
constitution or, laws of this State, or by the
ordinances or authority of the Mayor and City
Council of Baltimore, the person giving or offer-
ing to give, and the person receiving the same,
and any person who gives or causes to be given
an illegal vote, knowing it to be so, at any elec-
tion to be hereafter held in this State, shall on
conviction in a court of law, in addition to the
penalties now or hereafter to be imposed by law,
be fur ever disqualified to hold any office of profit
or trust, or to vote at any election thereafter.
Sec. 3. It shall be the duty of the Genera]
Assembly of Maryland to pass laws to punish
with fine and imprisonment any person who
shall remove into any election district or ward
of the city of Baltimore, not for the purpose of
acquiring a bona fide residence therein, but for
the purpose of voting therein at an approaching
election, or who shall vote in any election dis-
trict or ward in which he does not reside, (ex-
cept in the case provided for in the first article
of the constitution,) or shall, at the same elec-
tion, vote in more than one election district or
ward, or shall vote or offer to vote in any name
not his own, or in place of any other person of
the same name, or shall vote in any county in
which he does not reside.
Sec. 4. Every person elected or appointed to
any office of profit or trust under the constitution
or laws made pursuant thereto, before he shall
enter upon the duties of such office shall take
and subscribe the following oath or affirmation :
I, A B, do swear (or affirm, as the case may be,)
that I will support the constitution of the United
States, and that I will be faithful and bear true
allegiance to the State of Maryland, and support
the constitution and laws thereof; that I will lo
the best of my skill and judgment diligently and
faithfully, without partiality or prejudice, exe-
cute the office of — according to the consti-
tution and laws of this State, and that since the
adoption of the present constitution, I have not
in any manner violated the provisions thereof in
relation to bribery of voters or preventing legal
or procuring illegal votes to be given; (and if a.
Governor, Senator, member of the House of Del-
egates, or Judge,) " that I will not directly or
indirectly receive the profits or any part of the
profits of any other office during the time of my
acting as —." And if any person elected
or appointed to office as aforesaid, shall refuse or
neglect to take the said oath or affirmation, he
shall be considered as having refused to accept
the said office, and a new election or appoint-
ment shall be made as in case of refusal or resig-
nation, and any person swearing or affirming
falsely in the premises shall, on conviction there-
of in a court of law, incur the penalties for will-
ful and corrupt perjury, and be thereafter inca-
pable of voting at any election, and also incapable
of holding any office of profit or trust in this
State.
Sec. 5. That no person above the age of
twenty-one years, convicted of larceny or other
infamous crime, unless he shall be pardoned by
the Executive, shall ever thereafter be entitled
to vote at any election in this State, and no per-
son under guardianship as a lunatic, or as a per-
son non compos mentis, shall be entitled to vote.
ARTICLE 11.
Executive Department.
Sec. 1. The executive power of the State
shall be vested in a Governor, whose term of
office shall commence on the second Wednesday
of January next ensuing his election, and con-
tinue fur four years, or until his successor shall
have qualified.
Sec. 2. The first election for Governor under
this constitution shall be held on the first Wed-
nesday of November, in the year eighteen hun-
dred and fifty-three, and on the same day and
month in every fourth year thereafter, at the
places of voting for delegates to the General
Assembly, and every person qualified to vote for
delegates shall be qualified and entitled to vote
for Governor; the election to be held in the same
manner as the election of delegates, and the re-
turns thereof, under seal, to be addressed to the
Speaker of the House of Delegates, and en-
closed and transmitted to the Secretary of State,
and delivered to the said Speaker at the com-
mencement of the session of the Legislature next
ensuing said election.
Sec. 3. The Speaker of the House of Dele-
gates shall then open the said returns in the
presence of both houses, and the person having
the highest number of votes, and being constitu-
tionally eligible, shall be the Governor, and shall
qualify in the manner herein prescribed, on the
second Wednesday of January next ensuing his
election, or as soon thereafter as may be practi-
cable.
Sec. 4. If two or more persons shall have the
highest and an equal number of votes, one of
them shall be chosen Governor by the Senate
and House of Delegates; and all questions in
relation to the eligibility of Governor, and to
the returns of said election, and to the number
and legality of votes therein given, shall be de-
termined by the House of Delegates. And if
the person, or persons, having the highest num-
ber of votes be ineligible, the Governor shall be
chosen by the Senate and House of Delegates.
Every election of Governor, by the Legislature,
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


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 6   View pdf image
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