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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 467   View pdf image
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467
LICENSE LAW.
Mr. ANNAN, presented a petition of sundry
citizens of Frederick county, praying that provi-
sion may be made in the new Constitution to pre-
vent the sale of intoxicating liquors, except the
same shall be approved of by a majority of the
votes in the election district where the same is
to be sold.
Which was read, and
Referred to the select committee appointed on
that subject.
On a request to that effect made in his behalf,
by the PRESIDENT, (pro tem.,) Mr. BLAKI-
STONE.
Leave of absence for Wednesday and Thurs-
day of this week, were granted to HENRY G.
WHEELER, official reporter of the Convention.
THE EXECUTIVE DEPARTMENT.
The Convention resumed the consideration of
the special order of the day, being the report
heretofore made by Mr. GRASON, chairman of
the committee on the executive department of
the government.
The pending question was the eighth section of
the report:
Sections. And in case of any vacancy in the
office of Governor during the recess of the Legis-
lature, the President of the Senate shall discharge
the duties of said office till a Governor is elected
by the two Houses; and in case of the death or
resignation of said President, or of his removal
from the State, or of his refusal to serve, then
the duties of said office shall, in like manner, and
for the same interval, devolve upon the Speaker
of the House of Delegates, and the Legislature
may provide by law for the case of impeachment
or inability of the Governor, and declare what
person shall perform the executive duties during
such impeachment or inability; and for any
vacancy in said office, not herein provided for,
provision may bemade by law, and if such va-
cancy should occur without such provision being
made, the Legislature shall be convened by the
Secretary of State for the purpose of filling said
vacancy.
On motion of Mr, GRASON,
Said section was amended by striking out in
the 3d line the words "by the two Houses," and
inserting in lieu thereof "as hereinbefore pro-
vided."
And the section, as amended, was adopted.
The ninth section of the report was then read
as follows:
Section 9. The Governor before entering upon
the duties of his office, shall take the following
oath:
Mr. GRASON moved to amend said suction by
adding at the end thereof, the following;
"I do solemnly swear (or affirm,) that I will
faithfully discharge the duties of the office of
Governor, and will to the best of my ability, pre-
serve, protect, and defend the Constitution of
Maryland."
The question was put,
Mr. DENT suggested that no quorum was pre-
sent.
The PRESIDENT, pro tem., directed the Secre-
tary to count the Convention.
The count having been made,
A quorum was declared to be present,
The question having been slated to be on the
amendment of Mr. GRASON,
Mr. G. explained that he had not inserted the
words "the Constitution of the United States,"
because that was a separate oath which all offi-
cers of the United States were obliged to take,
when they entered upon their duties
Mr. DORSEY enquired whether, under the old
Constitution, the oath did not include the oath to
support the Constitution of the United States. If
not, it was a very appropriate oath, and both, he
thought, should be embraced,
Mr. GRASON said, he did not recollect the ex-
act legal provisions. But he knew that separate
oaths were taken, first to support the Constitu-
tion and laws of the State. There was then a
separate oath to support the Constitution of the
United States and another in relation to the be-
lief in the Christian religion.
Mr. DORSEY invited Mr. GRASON to refer him
to the clause of the old Constitution, it seemed
to him that the oaths might be put together in a
few words.
Mr. GRASON said, the Convention should bear
in mind, that this provision looked to the oath to
be taken by the Governor of the State of Mary-
land, as such, and he. (Mr. G.,) thought that the
oath should not be blended with the oath to sup-
port the Constitution of the United States. The
Constitution of the United States, required every
State officer, before lie entered upon the dis-
charge of his duties to take an oath to support
that Constitution. It was not necessary, there-
fore, to insert it here. Still he had no particular
objection to it.
Mr. DORSEY enquired, whether there was not
another oath, which required the incumbent to
swear that he would not receive the profits of
any other office held by any other person ? To
give an opportunity for examination of these
several oaths, he suggested that the section should
lie over informally.
Mr. GRASON said, he thought there was in the
bill of rights a provision requiring such an oath,
as the gentleman referred to. He hoped, how-
ever, that the Convention would not put in this
executive oath, every thing which might be re-
quired by other parts of the Constitution. The
effect would be so to complicate and extend the
section as to make it cumbersome.
Mr. DORSEY said, he would not ask any delay
but. if he should hereafter deem it necessary, he
would move a re-consideration.
The question was then taken on the amendment
of Mr, GRASON.
But no quorum voted.
Mr. GWINN asked the yeas and nays.
Mr. DONALDSON sugggested, that some time
since the gentleman from Kent, (Mr. Chambers,)
had proposed that a general form of oath should
be adopted for all officers. This, Mr. D. thought,
was in the legislative report—and the question
had gone over so that the whole matter might be
made to accord. His impression was that such


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 467   View pdf image
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