be considered as infamous in him. He wanted
something more definite in the phraseology, such
as perjury, felony, &c.
Mr. CHAMBERS, of Kent, said, the words used
were technical words in common law, and in com-
mon law treatises; and to strike them out might
involve us in difficulty. It depended on the pun-
ishment affixed by law to a crime.
Mr. WEEMS resumed. He was opposed to too
many technicalities in the Constitution. The
people are complaining of them. These terms
are beyond their comprehension. A great ma-
jority of the people are not in a situation to refer
to law books. Many who have capacity to com-
prehend, have no means of reference to books,
and cannot understand the meaning of these
terms. As far as it could possibly be done, he
would with to expunge all technicalities. He
did not like to oppose any thing coming from
such a high source as the gentleman from Kent,
but he did desire to see the organic law made as
comprehensible to the masses as it could be.
The explanations of the gentleman were not sat-
isfactory to his mind, as he could have wished.
Let the organic law be so plain, that he who runs
may both read and understand it.
Mr. PRESSTMAN thought it was due to the com-
mittee, to say, that the construction they pat up-
on the phrase "infamous crime," was the same
as that which the gentleman from Kent, (Mr.
Chambers,) had indicated. It meant, lie thought,
most unquestionably, no other offence, at least,
than such as were punishable capitally or by im-
prisonment in the penitentiary, though strictly
speaking, some offences punishable under certain
acts of Assembly might not be deemed infa-
mous at common law. There could not be any
room to enlarge the catalogue of infamous crimes
beyond those he had specified. As to the idea
that the Constitution can be free from technicali-
ties it is wholly out of the question. To courts
of law, any other than technical words defining
crime would be mere jargon. There is scarcely
a man in Maryland, outside of the legal profes-
sion, who in cases of homicide, knows the pre-
cise distinction between murder in the first and
second degrees, and manslaughter. Neither Solon,
Lycurgus, nor any of the greatest lawgivers
in the world, ever yet found a mode of framing
laws so simple and plain, that "a wayfaring man,
though a fool," might understand them. Should
any man succeed in that effort, he would enrich
himself beyond the cunnings of all the inventors
of patent medicine. To discover that would be
to discover the philosopher's stone. Lawyer's
become acquainted with these terms by study and
practice—they are the tools of their trade, and
by them all things are made comparatively easy.
So a farmer may make himself perfectly intelli-
gible to another farmer by the use of terms and
phrases which are only familiar to those engaged
in agriculture. It is so in all other pursuits as
well as in the science of the law, and they are in-
dispensable.
Mr. WEEMS, in reply, said he had never enter-
tained the idea that the Constitution could be
made so simple as to be comprehensible to a fool.
He knew that could not be done, because we are

told that if you bray a fool in a mortar with a pes-
tle, his foolishness will not depart from him. So
that whether we insert techicalities or any thing
else, the fool will not understand. His object
was to make the Constitution plain to men of or-
dinary intellect; he was not making war against
technicalities which, he had no doubt, were
found useful. The gentleman from Baltimore
was a lawyer, and was familiar with these ex-
pressions. But he, (Mr. W.,) said he was not a
lawyer, nor were a majority of the people law-
yers, but lie did not object to the desire of the
gentleman from Baltimore to retain technicali-
ties in the courts of law. He, (Mr. W.,) had al-
ready stated his inexperience in Constitution ma-
king. He had not even ventured to suggest a
single article; he left the work to those who had
more practical knowledge of the business. But
when articles were presented to him for his opin-
ion, then he was required to call his judgment
into action, and he would act independently; and
when he felt a doubt, he would seek for further
information. No one had a greater respect for
the profession of the law than he had. But he
had noticed with deep regret, that when aplain
man, as he was, rose to say any thing in this
body, the lawyers immediately begin to put ques-
tions to him, until they embarrass him. He,
however, was not to be deterred from seeking
information to guide him right in his votes, lie
would merely say in conclusion that he would
like some other words in this case, or he would
like to hear a more satisfactory explanation as to
the extent of the meaning of those which were
used.
Mr. SOLLERS expressed a wish that the gentle-
man from Baltimore would show him where it
was laid down that a man must have been in the
penitentiary before his crime could be called in-
famous? He understood him to say that wheth-
er it was an "infamous crime" or not, must de-
pend on the sentence of a court. It must be very
well known to gentlemen round him, that courts
do not always decide the same way. He believ-
ed that even the Court of Appeals had decided
both ways. At the beginning of a term, he had
known a court to decide one way, and before the
end of the term, decided the other way. It was
his wish to put a restraint on the courts, so fir as
this matter goes.
Mr. PRESSTMAN expressed his regret that the
gentleman from Calvert, (Mr. Weems,) would
for a moment suppose that he had not heard any
views or suggestion he might make, or any other
member, with the most entire respect and cour-
tesy. Indeed, he would take occasion to say, as
that gentleman had disclaimed any unkind impu-
tation, that he entertained for him the highest
respect, aswell for his intelligence as his strict
integrity. And he must have been understood
in a way far different from that he intended, if
any gentleman thought that by the denial of legal
and technical knowledge to many of those around
him, sufficient to frame a Constitution in all its
parts, he would wish to arrogate any superiority
to the profession of which he was an humble
member. Among the most esteemed and valued
friends he had in that body, and in whose judg-