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 district or ward in which he
does not reside, (except in the case provided
for in the first article of the 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 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 con-
stitution or laws made pursuant thereto, be-
fore he shall enter upon the duties of such
office shall take and subscribe the following
oath or affirmation: 1, A. B., do swear or
affirm, (as the case may be,) that I will sup-
port the constitution of the United States,
and that I will be faithful and bear true alle-
giance to the State of Maryland, and support
the constitution and laws thereof, and that 1
will to the best of my skill and judgment,
diligently and faithfully, without partiality
or prejudice, execute the office of— ac-
cording to the constitution and laws of this
State, and that since the adoption of the
present constitution I have not in any man-
ner 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.
delegates, or judge,) "that I will not direct-
ly 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 consid-
ered as having refused to accept the said office,
and a new election or appointment shall be
made as in case of refusal or resignation, and
any person swearing or affirming falsely in
the premises, shall on conviction thereof in a
court of law, incur the penalties for wilful
and corrupt perjury, and be thereafter incapable
of voting at any election, and also in-
capable of holding any office of profit or trust
in this State.
See. 5. No person who is lunatic, non
compos mentis, or under guardianship, shall
be allowed to vote; nor shall anyone convicted of
bribery, or other infamous crime
that consigns him to the penitentiary, until
two years after he shall have paid the penalty
of his offence, unless pardoned by the gov-
ernor.
Sec, 6. No person in the military or naval
service of the United States shall be consid-
ered as having acquired a residence to vote
because ho has been employed at any bar- |
racks, forts, or naval station in this State,
and no citizen shall be" deemed to have lost
his residence by reason of his absence while
employed in the service of this State or the
United States, or while engage din navigating
the waters thereof or the high seas, or while
confined as a public prisoner.
JNO. BROWN,
FENDALL MARBURY.
The question was stated to be upon the
motion to substitute the report of the minor-
ity for the report of the majority of the corn'
mittee on the elective franchise.
Mr. STOCKBRIDGE. I would suggest to the
gentleman from Queen Anne (Mr, Brown,)
that, as the minority report has the same
number of sections as the majority report,
and as the subject-matter of the respective
sections corresspond with each other, it would
simplify matters to move the sections of the
one for the sections of the other, respectively.
As the regular rule is to perfect an amend-
ment, whether in the nature of a substitute
or otherwise, before taking the vote upon it
as a whole, as we cannot do it afterwards) it
would create less confusion perhaps to take
up the majority report by sections, when the
gentleman can move each of the sections of
his report for the respective sections of the
other.
Mr. BERRY, of Prince George's, The other
course was adopted in considering the report
of the committee on the basis of representa-
tion. I made the motion to substitute the
minority report for the majority report of
that committee, and the minority report was
not considered as properly belore the house
for amendment until the vote was taken upon
the motion to substitute it for the majority
report. I do not think any confusion result-
ed from the course pursued on that occasion.
Mr. SCOTT. I hope the plain suggested by
the gentleman from Baltimore city (Mr. Stock-
bridge) will be pursued. There is a section in
the minority report for which I desire to vote,
and if it is proposed section by section, as
amendments to the majority report, I can
vote for it. But if the question is taken upon
the entire minority report, I must vote
against it.
Mr. BROWN, I can see no reason for pur-
suing a different course in reference to this
report, from that which has been heretofore
pursued in similar cases. If there is any-
thing worthy of consideration in this minor-
ity report, I should like to have the house
pass upon it, section by section, adopting
any section that may meet with their ap-
proval, and amending or rejecting others as
they may think proper, I think it would be
treating us but fairly to give us a vote upon
the different sections of the minority report.
Mr, HEBB, As I understand it, the con-
vention bars now before it for consideration,
the report of the committee on the elective |
