statement, that every person, who has
voted has taken the oath or affirmation
prescribed by this Constitution; and
the Governor upon receiving such result,
and ascertaining the aggregate vote
throughout the State, including the
soldiers' vote, hereinafter provided 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 prescribed 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 re-
jection 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 Novem-
ber, 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 Regi-
ment 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 some other
day not more than five days thereafter,
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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
Judges may administer to each other;
the election shall be by ballot, and any
voter may vote either "For the Consti-
tution" or "Against the Constitution."
Sec. 12. Any qualified voter of this
State who shall be absent from the city
or county of his residence on the day
for taking the vote on the adoption or
rejection of this Constitution by reason
of his being in the military service of
the United States, but shall be at some
hospital or military post, or on duty
within this State, and not with his
company, may vote at the nearest polls
to such place on satisfying the Judges
that he is a legal and qualified voter
of this State.
Sec. 13. The Judges may swear any
one offering to vote as to his being a
legal voter of this State. The Judges
shall take down on a poll-book or list
the names of all the voters as their votes
are taken, and the tickets shall be
placed in a box as taken; after the polls
are closed, the tickets shall be counted
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