clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 190   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
190

It appeared that when the yeas and nays were
asked, but not ordered, it was not usual to enter
the motion on the journal.
Mr. DORSEY presented a memorial of sundry
citizens of Howard district, of Anne Arundel
county, praying that said Howard district may
be constituted a separate county.
Referred to the select committee appointed on
new counties.
Mr. DONALDSON also presented a petition of
sundry citizens of said district, of similar im-
port.
Referred to the same committee.
Mr. D. said he would take occasion to remark
that he heartily concurred in the prayer of the
petitioners.
The Convention therefore passed to the order
of the day.
THE BILL OF RIGHTS.
Then Convention then resumed the considera-
tion of the order of the day, being the report
submitted by Mr. DORSEY, on the 11th ult., as
chairman of the committee on the declaration of
rights.
The immediate question was on the amend-
ment offered by Mr. RANDALL, yesterday, and
pending at the hour of adjournment, to the
13th article.
Mr. DONALDSON held the floor, but, on his sug-
gestion, the article was informally passed over
for the present, (Mr. Randall being engaged in
the argument of a case in court.)
The fourteenth article was then read as fol-
lows:
Art. 14. That sanguinary laws ought to be
avoided, as far as is consistent with the safety of
the State; and no law to inflict cruel and unusual
pains and penalties ought to be made, in any
case, or at any time hereafter.
No amendment being offered, the article was
adopted.
The fifteen article was read as follows:
Art. 15. That retrospective laws, punishing
acts committed before the existence of such laws
and by them only declared criminal, are oppres-
sive, unjust and incompatible with liberty; where-
fore no ex post facto law ought to be made.
Mr. DENT moved to amend the article by
striking out the words "ex post facto," (which, he
said, was mere vulgar Latin.) and to insert the
word "such," in lieu thereof.
Mr. DORSEY thought it would be better that
the amendment should not be adopted. The ex-
pression "ex post facto," was so well understood
by the profession, and by all law-givers, and he
thought it would be inexpedient to change it.
The word "such," was more indefinite.
Mr. DENT withdrew his amendment.
No further amendment having been offered,
the fifteenth article was adopted.
The sixteenth, seventeenth and eighteenth
articles were read, and, no amendment having
been offered thereto, was adopted, as follows:
Art. 16. That no law to attaint particular per-
sons of treason or felony, ought to be made in
any case, or at any time hereafter.

Art. 17. That every free man, for any injury
done to him in his person or property, ought to
have remedy by the course of the law of the land,
and ought to have justice and right, freely with-
out sale, fully without any denial, and speedily
without delay according to the law of the land.
Art. 18. That the trial of facts where they
arise, is one of the greatest securities of the lives,
liberties and estate of the people.
The 19th article of the bill was read as fol-
lows :
Art. 19. That in all criminal prosecutions,
every man hath a right to be informed of the ac-
cusation against him; to have a copy of the in-
dictment or charge, in due time (if required) to
prepare for his defence; to be allowed counsel,
to be confronted with the witnesses against him;
to have process for his witnesses; to examine the
witnesses for and against him on oath; and to a
speedy trial by an impartial jury, without whose
unanimous consent he ought not to be found
guilty.
Mr. MERRICK moved to amend it, by striking
out the words "if required,"
Some desultory conversation followed, in
which Messrs. BLAKISTONE, MERRICK, BUCHANAN,
DORSEY, GWINN and BOWIE took part—after
which
Mr. MERRICK withdrew his amendment.
Mr. MITCHELL moved an amendment, insert-
ing after the word "counsel," the words,
"whether admitted to the bar or otherwise."
Mr. MITCHELL said, he made the amendment,
in behalf of a very modest Class of persons, who
might not be able, often, to avail themselves of the
privilege contemplated by it—but he desired that
the privilege should at least be extended to
them.
Some conversation followed between Messrs.
PHELPS and MITCHELL,
Mr. DORSEY thought this was rather an extra-
ordinary amendment. There was an old saying
at the bar, that a suitor who was his own coun-
sel, had a fool for his client. He cited a case
within his own experience in which a distin-
guished citizen of Anne Arundel had undertaken
to manage his own case, which was unquestiona-
bly good in itself—but which became so involved
by the manner in which it was conducted, that
the jury must have given a verdict against him.
(Laughter.) The court then recommended him
to let his counsel take charge of the case.
Mr. D. thought that the adoption of such an
amendment would be attended with very injuri-
ous effects, and that, not for the sake of the pro-
fession, but of the parties themselves, it ought
not to be adopted.
Mr. MITCHELL. I withdraw the amendment.
I feel that I should be in a very bid perdicament
myself. (Laughter.)
So the amendment was withdrawn.
And then the 19th article was adopted.
Mr. DIRICKSON rose to offer an amendment
to it.
The PRESIDENT said, the question had been
finally taken, and the article adopted.
Mr. DIRICKSON. I was desirous to offer an



 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 190   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives