694

of Balt. city, Ware, Fiery, Harbine, Michael Newcomer, Brewer,
Anderson, Hollyday, Parke, Ege, Cockey and Brown—51.

NEGATIVE—Messrs. Dent, Ricaud, Chambers, of Kent, Donald
son, Kent, Weems, Brent, of Charles, Williams, McCullough,
Spencer, George, Wright, Gaither, John Newcomer, Davis and
Smith—16.
So the amendment was adopted.
Mr. Constable, moved further to amend said report of the
committee, by adding as an additional section the following
"The trial by jury of all issues of fact in civil proceedings in the
several courts of law of this State, where the amount in contro
versy exceeds the sum of five dollars; shall be inviolably pre
served

Mr. Spencer, moved to amend said amendment by adding at
the end thereof the following
"And in the trial of all criminal cases, the jury shall be the
judge of law as svell as of fact;"

Mr. Constable, moved to amend said amendment to the amend
ment by adding these words, "and on such trial there shall be a
bill of exceptions, and appeal to the ruleing of the court as to the ad
missability of evidence the same as in civil cases

Which amendment Mr Spencer, accepted.

Mr. Spencer, (at the suggestion of Mr. Constable.) withdrew said
amendment as amended, and gave notice that he should offer it
as an independent section;

The question was then put on the amendment as offered by Mr.
Constable as an additional section; and

Determined in the affirmative.

Mr. Spencer, then offered an additional section to said report of
the committee, the following

"In the trial of all criminal cases, the jury shall be the judges of
aw as well as fact, and on such trial there shall be a bill of ex
ceptions and appeal to the ruling of the court, as to the admissabi
lity of evidence, the same as in civil cases ;"

Mr. Thawley, moved the previous question, and being seconded,
Mr. Bowie, moved for a division of the question upon each
branch of said amendment.

The question was then put on the first branch of said
amendment, being in these words;

"In the trial of all criminal cases, the jury shall be the judges
of law as well as fact ;"

Determined in the affirmative.

The question was then put on the 2nd branch of said amend-
mend, being as follows: