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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1883   View pdf image (33K)
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1883
be the duty of the judges of election in all
their returns of the first election held under
this constitution to state in their said returns
that every person who has voted has taken
such oath or affirmation. But the provisions
of this section in relation to acts against the
United States shall not apply to any person
not a citizen of the United States who shall
have committed such acts while in the service
of some foreign country at war against the
United States, and who has, since such acts,
been naturalized, or may be naturalized, un-
der the laws of the United States, and the
oath above set forth shall be taken in the case
of such persons in such sense.
Sec. 5. If any person shall give, or offer
to give, directly or indirectly, or hath given
or offered to give, since the fourth day of
July, eighteen hundred and fifty-one, any
bribe, present, or reward, or any promise, or
any security for the payment or delivery of
money or any other thing, to induce any vo-
ter to refrain from casting his vote, or forci-
bly to prevent him in any way from voting,
or to procure a vote for any candidate or per-
son, proposed or voted for as elector of Pres-
ident and Vice-President of the United States,
or representative in congress, or for any of-
fice of profit or trust created by the constitu-
tion or laws of this State, or by the ordi-
nances or authority of the mayor and city
council of Baltimore, the person giving or
offering to give, and the person receiving the
same, and any person who gives or causes to
be given an illegal vote, knowing it to be
such, at any election to be hereafter held in
this State, or who shall be guilty of or acces-
sory to any fraud, force, surprise, or bribery
to procure himself or any other person to be
nominated to any office, National, State or
municipal, shall on conviction in a court of
law, in addition to the penalties now or here-
after to be imposed by law, be forever dis-
qualified to hold any office of profit or trust,
or to vote at any election thereafter.
Sec. 6. It shall be the duty of the general
assembly to pass laws to punish with fine and
imprisonment any person who shall remove
into any election district or precinct of tiny
ward of the city of Baltimore, not for the
purpose of acquiring a bona fide residence
therein, but for the purpose of voting at an
approaching election, or who shall vote. in
any election district ward in which he does
not reside, (except in the case provided for
in this article,) or shall at the same election
vote in more than one election district or pre-
cinct, or shall vote or offer to vote in any
name but 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. 7. Every person elected or appointed
to any office of trust or profit under this con-
stitution, or under the laws made pursuant
thereto, before he shall enter upon the duties
of such office, shall take and subscribe the
swear, (or affirm, as the case may be) that 1
will, to the best of my skill and judgment,
diligently and faithfully, without partiality or
prejudice, execute the office of—, accord-
ing to the constitution and laws of this State,
and that since the fourth day of July, in the
year eighteen hundred and fifty-one, I have
not in any manner violated the provisions of
the present, or of the late constitution, in re-
lation to the bribery of voters, or preventing
legal votes or procuring illegal votes to he
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 term of my acting as —. 1
do further swear or affirm, that I will bear
true allegiance to the State of Maryland, and
support the constitution and' laws thereof, and
that I will bear true allegiance to the United
States, and support, protect and defend the
constitution, laws and government thereof,
as the supreme law of the land, any law or
ordinance of this or any State to the contra-
ry notwithstanding; that I have never di-
rectly or indirectly, by word, act or deed,
given any aid, comfort, or encouragement to
those in rebellion against the United States,
or the lawful authorities thereof; but that 1
have been truly and loyally on the side of the
United States against those in armed rebellion
against the United States; and I do further
swear or affirm that I will to the best of my
abilities protect and defend the Union of the
United States, and not allow the same to be
broken up and dissolved, or the government
thereof to he destroyed, under any circum-
stances, if in my power to prevent it; and
that I will at all times discountenance and
oppose all political combinations having for
their object such dissolution or destruction.
Sec. 8. Every person holding any office of
trust or profit under the late constitution, or
under any law of this State, and who shall be
continued in office under this constitution,
or under any law of the State, shall within
thirty days after this constitution shall
have gone info effect take and subscribe the
oath or affirmation set forth in the seventh
section of this article, and if any such person
shall fail to take said oath his office shall be
ipso facto vacant. And every person hereafter
elected or appointed to office in this
State) who shall refuse or neglect to take the
oath or affirmation of office provided for in
the said seventh section of this article 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 to accept
or resignation of an office. 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 thereafter shall be incapable of
holding any office of profitor trust in this State.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1883   View pdf image (33K)
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