768

and of the several counties of the State, having counted the
votes given for or against the adoption of this Constitution,
to certify the result thereof in the manner now prescribed by
law, accompanied with a special statement, that every per-
son who has voted, has taken the oath or affirmation pre-
scribed by this Constitution; and the Governor, upon receiv-
ing such result, and ascertaining the aggregate vote through-
out the State, including the soldier's vote hereinafter provi-
ded for, shall by his proclamation make known the same,
and if a majority of the votes cast shall be for the adoption
of this Constitution, it shall go into effect on the first day of
November, eighteen hundred and sixty-four

Sec. 10. And the Governor shall exclude from count the
votes of any county or city, the return judges of which shall
fail to certify in the returns, as provided by this Schedule,
that all persons who have voted have taken the oath prescrib-
ed to be taken, unless the Governor shall be satisfied that
such oath was actually administered, and that the failure to
make the certificate has been from inadvertence or mistake.

SOLDIERS' VOTE.

Sec. 11. Any qualified voter of this State, who shall be
absent from the county or city of his residence by reason of
being in the military service of the United States so as not to
be able to vote at home, on the adoption, or rejection of this
Constitution, or for all State officers elected on general ticket,
and for Presidential electors, and for Members of Congress, at
the election to be held on the Tuesday next after the first
Monday in the month of November, eighteen hundred and
sixty-four, shall be entitled to vote at such elections as follows:
A poll shall be opened in each Company of every Maryland
Regiment in the service of the United States, or of this State,
on the day appointed by this Convention for taking the vote
on the new Constitution, or on some day not more than five
days thereafter at the quarters of the commanding officer
thereof, and voters of this State belonging to such Company
who shall be within ten. miles of such quarters on the day of
election, may vote at such poll; the polls shall be opened at
eight o'clock, A. M., and close at six o'clock, P. M.; the
commissioned officers of such Company, or such of them as
are present at the opening of the polls shall act as Judges,
and any one officer shall be competent so to act, and if no
officer be present, then the voters in such Company present,
shall elect two of the voters present to act as Judges of the
election; before any votes are received, each of the Judges
shall take an oath, or affirmation, that he will perform the
duties of Judge according to law, will prevent fraud and
observe and make proper return thereof, and such oath the