clerks and other officers as they may deem ne-
cessary to facilitate the transaction of the
business of the Convention, and to fix their
compensation, and the treasurer of the State
of Maryland shall, upon the order of the
president of said Convention, pay to each
member thereof their per diem and mileage
as hereinbefore provided, and shall also pay
the officers of said Convention, upon the order
of the president, such compensation as the
Convention shall allow; provided it shall be
the duty of the speaker of the house of dele-
gates and of the president of the senate to
provide a reporter of the debates and proceed-
ings of said Convention, who shall act until
the said Convention shall provide its own
officers.
SEC. 4. And be it enacted, That before any
member or officer of said Convention shall en-
ter upon the discharge of duties he shall take
and subscribe before the Governor of this
State, who is authorized to administer the
same, the following oath: " I do swear or
affirm, that I will, to the best of my skill and
judgment, diligently and faithfully, without
partiality, discharge the duties of member of
the Convention to frame a new Constitution
and form of government; that I will support
the Constitution of the United States, and
will he faithful and bear true allegiance to
the State of Maryland and the government of
any State to the contrary notwithstanding;
and that I have never, either directly or indi-
rectly, by word, act, or deed, given any aid,
comfort, or encouragement to those in rebel-
lion against the Government of the United
States; and this I swear voluntarily, without
any mental reservation or qualification what-
ever, so help me God ;" and that the Gover-
nor shall transmit to the said Convention, as
soon after the organization thereof as may be
practicable, a list of the members and officers
who shall have taken and subscribed the oath
as aforesaid; and that no person elected as a
delegate to said Convention shall be authori-
zed or deemed qualified to enter upon the dis-
charge of his duties as such, until he shall
have taken and subscribed the oath as afore-
said; and that any senator or delegate may
be eligible to a seat in said Convention, but
that no senator or representative in the Con-
gress of the United States, or Judge of any
Circuit Court, Superior Court, Court of Com-
mon Pleas or Criminal Court of the city of
Baltimore, Clerks of said Courts, Registers of
Wills or Sheriff shall be eligible to said Con-
vention .
SEC. 5. And be it enacted, That if any va-
cancy or vacancies occur by death, resigna
tion or otherwise, in either of the delegations
hereinbefore provided for, either before or after
the qualification of said delegates, the sheriff
of the county or city of Baltimore, in whose
delegation such vacancy may occur, shall,
upon information thereof by said delegation,
by the President of said Convention, or by |
the Governor of the State, immediately issue
public notice for a special election, to be held
at the usual places of holding elections in said
county or city, not less than five or more
than ten days after said notice, for the purpose
of supplying such vacancy.
SEC. 6. And be it enacted, That the Consti-
tution and form of government adopted by
the said Convention aforesaid, shall be sub-
mitted for the legal and qualified voters of
the State, for their adoption or rejection, at
such time, in such manner, and subject to
such rules and regulations as said Convention
may prescribe; and the provisions hereinbe-
fore contained for the qualification of voters,
and the holding of the elections provided in
the previous sections of this act, shall be ap-
plicable to the election to be held under this
section.
SEC. 7. And be it enacted. That in case of
any refusal or neglect of any of the judges of
election, or of any clerks of the court, or of
any sheriff of any county or Baltimore city,
to make any of the returns, or perform any of
the duties required of them respectively, by
the provisions of this act, such judge, clerk or
sheriff so refusing or neglecting, shall be lia-
ble to indictment for such offence, and upon
conviction thereof shall be deemed guilty of a
misdemeanor, and be sentenced to a fine of
not less than five hundred dollars and to im-
prisonment in the jail of the city or county-
where such offence may have been committed,
for a term of not less than six months,
SEC. 8. And be it enacted, That when the
Governor shall receive the return of the num-
ber of ballots cast in this State for the adop-
tion or rejection of the Constitution submitted
by the Convention to the people, if upon
counting and casting up the returns as made
to him by the judges of election, as hereinbe-
fore prescribed, it shall appear that a majority
of the legal votes cast at said election are ill
favor of the adoption of the said Constitution,
he shall issue his proclamation to the people
of the State declaring the fact, and he shall
take such. steps as shall be required by the
said Constitution to carry the same into full
operation, and to supersede the old Constitu-
tion of the State.
SEC. 9. And be it enacted, That all ballots
cast at any of the elections to be held under
the provisions of this law shall be written or
printed on white paper, and any ballot or
ballots written or printed on colored paper
shall not be received by said judges of elec-
tion; and that this act shall be published
under the order of the Governor, in three of
the newspapers of the city of Baltimore, one
of them to be a paper printed in German, and
one in each county where a newspaper is
printed, once a week for three weeks before
the day of election.
SEC. 10. And be it enacted, That this act
shall take effect from the day of its passage. |
