Specified, the said vacancy shall be filled by
the judge of the county or city respectively,
having criminal jurisdiction in which said
vacancy shall occur, until the election and
qualification of his successor, at which elec-
tion said vacancy shall be filled by the voters
of the county or city, for the residue of the
term thus made vacant.
Sec. 6. It shall be the duty of the clerk of
the court of appeals, and the commissioner
of the land office respectively, whenever a
case shall be brought into said court or office,
in which the State is a party, or has an in-
terest, immediately to notify the attorney
general thereof.
JOHN E. SMITH, Chairman,
JOHN L. THOMAS, Jr.,
WILLIAM DANIEL,
JAMBS P. MAYHUGH,
SPRIGG HARWOOD.
ELECTIVE FRANCHISE.
On motion of Mr. PUGH,
The convention then resumed the consid-
eration of the report of the committee on
elective franchise, which was on its second
reading.
The only section remaining unconsidered,
was the following, which bad been passed
over informally:
OATH OF OFFICE.
"Sec. 5, Every person elected or appointed
to any office of trust or profit under the con-
stitution or laws made pursuant thereto, be-
fore be shall enter upon the duties of such
office shall take and subscribe the following
oath or affirmation: I — do swear (or
affirm as the case may be, ) that I will support
the constitution of the United States, and that
I will be faithful and bear true allegiance to
the United States and to the State of Mary-
land, and support the constitution and laws
thereof, and that I will, to the best of my skill
and judgment, diligently and faithfully, with-
out partiality or prejudice, execute the office of
— according 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 rela-
tion 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 daring the
time of my acting as —. I do farther
swear that I will support the constitution of
the United States, and will be faithful and
bear true allegiance to the United States and
the government thereof, and to the State of
Maryland, any law or ordinance of any State
to the contrary notwithstanding, and that I
have never, either directly or indirectly, by
word, act or deed, given any aid, comfort or
encouragement to those in rebellion against |
the government of the United States or the
lawful authorities thereof; and all this 1
swear voluntarily, without any, the least,
mental equivocation, reservation or qualifica-
tion whatsoever, so help me God. And if any
person elected or appointed to office as afore-
said, shall refuse or neglect to take the said
oath or affirmation, he shall be considered 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 per-
son swearing or affirming falsely in the prem-
ises, 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 incapable of holding
any office of profit or trust in this State."
To this section Mr. SCOTT had submitted the
following amendment:
Strike out all after the words " I —
do swear (or affirm, as the case may be, " )
and insert in lieu thereof the following :
"That I will be faithful and support the
constitution and laws of Maryland, and that 1
will to the best of my skill and judgment, dili-
gently and faithfully, without partiality or
that since the adoption of the present con-
stitution I have not in any manner 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 directly or indirectly
receive the profits or any part of the profits
of any other office during the time of my
allegiance to the constitution and govern-
ment of the United States, any law or or-
dinance of the general assembly or State
convention of Maryland to the contrary not-
withstanding; that I will defend the said
constitution and government of the United
States to the last extremity, against every
enemy, and that since the commencement of
the civil war and rebellion, I have never in
any manner either directly or indirectly by
word or deed given aid or encouragement to
those in rebellion against the United States,
that I have never sympathized with them, nor
desired their success, but have uniformly
and at all times denounced them not only as
rebels against and traitors to their country,
but as enemies of the human race."
To this amendment Mr. STIRLING had sub-
mitted the following:
Strike oat all after the word "that, "in first
line of the amendment, and insert :
"That I will; to the best of my skill and
judgment, diligently and faithfully, without
partiality or prejudice, execute the office of
laws of this State, and that since ——
I have not in any manner violated the provi-
sions of the present, or of the late constitu-
tion, in relation to the bribery of voters, or |
