said Convention, whose qualifications shall
be the same as those now required for a seat
in the house of delegates; and each county
and the city of Baltimore shall be entitled to
elect the same number of delegates to the said
Convention as they now have respectively in
both houses of the general assembly of Ma-
ryland; and it shall be the duties of the sher-
iffs of the several counties and the city of
Baltimore to give notice of said election in
the same manner and for the same length of
time as is now required in the election of del-
egates to the general assembly of this State,
and that the several judges of election of this
State shall receive, accurately count, and
duly return the number of ballots so cast to
the several clerks of the circuit courts of this
State and to the clerk of the superior Court
of Baltimore city respectively, who shall,
within ten days after said election make a due
return to the Governor of the number of bal-
lots cast for and against the call of a Conven-
tion, and of the number of blank ballots cast,
and also of the number of ballots cast for the
several persons voted for as delegates to said
Convention; and in case any organized mili-
tary or armed force of the United States shall
appear at the places where the polls shall be
held, and shall interfere with said election,
unless such military or armed force shall be
called out by the judges of election or other
civil authority charged with the preservation
of the peace, the said judges of election shall,
under oath, certify to the Governor such un-
warranted military interference with said elec-
tion in such election district or precinct, and
the Governor shall immediately thereupon
order a new election for delegates to said
Convention, after ten days' notice, to be
given to the sheriff as aforesaid, in such elec-
tion district or precinct, and such new elec-
tion shall be held and conducted in the man-
ner and form hereinbefore provided; and the
Governor shall order a new election for dele-
gates from time to time, as often as such ille-
gal military or armed interference with the
election shall be certified to him as aforesaid ;
but such order or orders for such new elec-
tion or elections shall not interfere with,
hinder or delay the assembling of said Con-
vention as herein provided, if it shall appear
from the count that a majority of all the votes
cast in the election districts and precincts,
where no such illegal military or armed
interference shall be certified to have taken
place, are in favor of the call of such Conven-
tion under this act; the said judges in the
said return shall certify that no organized
military or other armed force bad appeared at
the place where the polls had been held and
interfered with said election, unless such mil-
itary force shall be called for by the said
judges of election, or other civil authority
charged with the preservation of the peace;
and in case of such military interference
within any election district of the counties, or |
precinct in the city of Baltimore, to be certi-
fied by the judges of election under oath, it
shall be the duty of the Governor to order a
new election, after ten days' notice, in said
election district or precinct, but such return
and order of a new election shall not inter-
fere with the assembling of the Convention as
hereinbefore provided; and provided, how-
ever, that at least sixty-five members shall be
elected according to the provisions of this
act, before said Convention shall organize;
and provided, further, that fifty members at
least shall be necessary to constitute a quo-
rum after organization; and the judges of
election shall at said election administer the
oath or affirmation to every person offering
to vote, whose vote shall be challenged on the
ground that such person has served in the
rebel army, or has either directly or indirectly
given aid, comfort or encouragement to
those in armed rebellion against the Govern-
ment of the United States, or is for any other
reason not a legal voter in the manner and
form provided by section twenty-one, of arti-
cle thirty-five, of the code of public general
law, relating to elections; and a judge or
judges of election, failing to comply with the
provisions of this act, shall be liable to the
same penalties as he or they would be by the
non-compliance with the existing election
laws of this State.
SEC. 2. And be it enacted, That as soon
as the Governor shall receive the return of the
number of ballots cast in this State for or
against a Convention, and the blank ballots
cast, it shall be the duty of the Governor to
count and cast up the same, and if, upon
casting up and counting said returns so as
aforesaid made to him, it shall appear to the
Governor that more votes have been cast by
the legal voters of the State in favor of the
call of a Convention than have been cast
against the call of a Convention, then it shall
be the duty of the Governor to issue his proc-
lamation for the holding and assembling of
said Convention, and of the delegates duly
elected thereto, at the time and place herein-
after specified.
SEC. 3. And be it enacted, That in case
of a majority of the ballots cast shall be in
favor of the call of a Convention as aforesaid,
then the said Convention shall meet at the
city of Annapolis, on the last Wednesday of
April, in the year eighteen hundred and six-
ty-four, and shall continue in session from
day to day until the business for which said
Convention shall have been assembled shall
be fully completed and finished, and said
Convention shall have full power and author-
ity to determine on the validity of the elec-
tion and qualification of its inembers; and
the compensation of the delegates to said
Convention shall be five dollars per day, and
the mileage allowed to the members of the
general assembly of the State; and the said
Convention shall have power to appoint such |
