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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 863   View pdf image
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863
thority of the mayor and city council of Balti-
more, shall give, contribute or subscribe, or pro-
mise so to do, any money or other thing of value,
to be used or employed in any way in aiding or
promoting the success of his election, except
some reasonable sum to be applied to the pay-
ment of the expense of printing ballots to be cast
at the election. And any person herein offend-
ing, shall be deemed guilty of a misdemeanor,
and on conviction thereof, in a court of law, shall
be punished by find and imprisonment, as the
Legislature may hereafter from time to time di-
competent to hold the office to which he may
have been elected.
"Art. 2., No person in this State, not a candidate,
or nominated as aforesad, shall give, con-
tribute or subscribe any sum or sums of money,
or other thing of value, to be used in any elec-
tioneering canvass, or to be expended in any way
in relation to any election to be held under the
Constitution or laws of this State, or under any
ordinance or authority derived from the mayor
and city council of Baltimore, unless such gift,
contribution or subscription be directed by its
author, to be exclusively applied to the giving of
barbacues or treats, at which candidates or others
may have anopportunity of addressing their fel-
low-citizens; or to the circulation of newspapers,
or printing of public documents or political essays,
addresses or handbills, designed for circula-
tion among the people, or providing vehicles for
the transportation of voters to the polls, or to
the printing of tickets designed for the ballot-box;
and ally person herein offending, and any person,
himself or through the agency of another, apply-
ing such gift, contribution or subscription to any
electioneering purpose, contrary to such direc-
tion, upon conviction thereof in a court of law,
shall be fined and imprisoned as shall hereafter
by the Legislature be, from time to time, di-
rected.
"Art. 3. No person in this State holding any
office or appointment under the Constitution or
laws of the United States, or any of the officers
thereof, shall give, contribute or subscribe any
sum or sums of money or articles of value to be
used in any electioneering canvass, or to be ex-
pended in any way in relation to any election to
be held under the Constitution or laws of this
State, or ordinances of the mayor and city coun-
cil of Baltimore; and any person herein offend-
ing, upon conviction in a court of law, shall be
fined and imprisoned as may hereafter, from time
to time, be directed by the Legislature.
"Art. 4. No person in this State shall, himself
or through the agency of others, receive, use or
expend any sum or sums of money, or other
thing of value given, contributed or subscribed
by any person or persons whatsoever, living out
the State of Maryland, to be made operative in
any electioneering canvass, as to any election
about to be held under the Constitution or laws
of this State, or under the ordinances or authori-
ty of the mayor and city council of Baltimore,
and any person so receiving, using or expending,
and each and every of his agents therein, upon
conviction thereof, is a court of law, shall
be fined and imprisoned, as the Legislature may
hereafter, from time to time direct."
"Art 5. It shall be the duty of the General
Assembly of Maryland, to pass laws to punish,
with fine and imprisonment, any person who
shall remove into any election district, or into
any 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 ap-
proaching election, or who shall vote in any elec-
tion district or ward in which he does not reside
(except in the case provided for in the first arti-
cle of this Constitution,) or shall, at the same
election, 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 per-
son of the same name, or shall vote in any coun-
ty in which he does not reside.
"Art. 6. Over the aforegoing offences, and the
punishment imposed thereon, the Executive shall
exercise no power or control, except in cases
where upon proof laid before the Governor, he
shall be satisfied that the conviction was the
result of malice, and the offence imputed was
unfounded in fad; in which cases he may
exert the pardoning power, and shall report the
same to the Legislature at its pending or next
succeeding session, with the proofs which induced
the executive interposition.
"Art. 7. The Legislature ought to pass a law
punishing by imprisonment, as well as fine, any
person making a bet or wager on the result of
any election to be held in this State; or on the
result of any election to be held for a President
or Vice President of the United States."
The question was first taken on the adoption
of the first amendment, and
Determined in the negative.
The second amendment was then read.
Mr. STEWART of Baltimore city, moved to
amend the amendment by inserting after the
word "ballot box," these words "or for platform
for political speakers to stand on, music, trans-
parancies and other incidental expenses necessary
and proper."
Mr. SPENCER moved the previous question, and
being seconded,
The question was then taken on the the amend-
ment as offered Mr. STEWART of Baltimore city
and
Determined in the affirmative.
The question then recurred on the adoption of
the amendment as amended, and
Determined in the negative.
The third amendment was than read and re-
jected.
Mr. DORSEY demanded the yeas and Days
which were not ordered.
The fourth amendment was then read and rejected.

The fifth amendment was then read.
Mr. DORSEY demanded the yeas and nays on
this amendment, which being ordered and taken,
resulted as follows:
Affirmative--Messrs. Morgan, Blakistone, Dent,
Hopewell, Ricaud, Lee, Chambers of Kent,


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 863   View pdf image
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