ELECTIVE FRANCHISE. 69

above penalty and all other penalties upon the vote seller so as to place the
penalties for the purchase of votes on the vote buyer alone.1

This section referred to in construing art. 1, sec. 4 of the Constitution of 1864,
and art. 1, secs. 1 to 5 of this Constitution—see notes to art. 1, sec. 1. Anderson v.
Baker, 23 Md. 618.
See art. 3, sec. 50, Md. Constitution, and art. 27, sec. 31, et seq., An. Code.

Sec. 4. 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 any 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 dis-
trict or 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 precinct, 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.

For cases dealing with art. 1, sec. 4, of the Constitution of 1864 (disfranchising

Confederate soldiers and providing for a test oath), see Anderson v. Baker, 23 Md.

531; Hardesty v. Taft, 23 Md. 524.

Sec. 5. The General Assembly shall provide by law for a uniform
Registration of the names of all the voters in this State who possess the
qualifications prescribed in this Article, which Registration shall be con-
clusive evidence to the Judges of election of the right of- every person thus
registered to vote at any election thereafter held in this State; but no person
shall vote at any election, Federal or State, hereafter to be held in this
State, or at any municipal election in the City of Baltimore, unless his name
appears in the list of registered voters; and until the General Assembly
shall hereafter pass an Act for the Registration of the names of voters, the
law in force on the first day of June, in the year eighteen hundred and
sixty-seven, in reference thereto, shall be continued in force, except so far
as it may be inconsistent with the provisions of this Constitution; and
the registry, of voters, made in pursuance thereof, may be corrected, as
provided in said law; but the names of all persons shall be added to the list
of qualified voters by the officers of Registration, who have the qualifica-
tions prescribed in the first section of this Article, and who are not disquali-
fied under the provisions of the second and third sections thereof.

The registry act of 1865, ch. 174, disfranchising those who had served in the Con-
federate army or had given aid and comfort thereto, and providing a test oath,
held constitutional. Citizenship and suffrage are not inseparable, the latter not
being an inalienable right but a conventional one; nor is the right of suffrage a right
of property. Distinction between Declaration of Rights and Constitution; the
former does not control the latter when it is clear and unambiguous, but latter
must be taken as a limitation of the principles declared in former. Anderson v.
Baker, 23 Md. 618. (See also, separate and dissenting opinions in this case.)

This section makes no allusion to municipal elections in any town or city other
than Baltimore city; the Constitution makes a clear distinction between federal
and state elections on the one hand, and municipal elections on the other. Smith v.
Stephan, 66 Md. 388.

A count in an indictment against an officer of registration for the violation of a
law passed in pursuance of this section, upheld. Mincher v. State, 66 Md. 232.

1 Thus amended by the act of 1912, ch. 602, ratified November 4, 1913.