from Cecil, (Mr. Constable.) That section did
not mention the crime of assault and battery at
all, and the idea, that because an indictment was
necessary in the case of an "infamous crime,"
and also in "assault and battery," therefore as-
sault and battery was an infamous crime, was
quite untenable. That fifth section had nothing
to do with the question. That gentleman had
also spoken without his usual consideration when
he said "forgery" was not a crime at common
law. He read from Blackstone's commentaries
to show what was intended by "infamous crimes,"
and also to prove that forgery was a common law
offence.
Mr. CONSTABLE reiterated what he had before
said in reference to the subject.
Mr. McHENRY hoped that the amendment
would be adopted. The language of the Constitution
should be such as will be intelligible to
all, not merely to the legal profession, who could
not at all times comprehend it; for we have had
to-day some proof of the glorious uncertainty of
the law. He hoped, therefore, that the terms
adopted, would be intelligible to those who usu-
ally constituted our Legislatures. There was, in
the good old times of merry England, a Parlia-
ment which obtained the name of the Blessed
Parliament, and this was because not a single
lawyer had a seat in it. It was, by no means,
impossible that we should one day see in this
State a Blessed Legislature.
Mr. PRESSTMAN, (interrupting,) said. The
gentleman could find no man in the State, out of
the profession, who could define felony.
Mr. McHENRY replied that he had only meant
to show that there were great discrepancies of
opinion among the lawyers, as to the words first
used. Probably there would be difficulty in get-
ting at a correct and precise definition of any
word.
Mr. PHELPS said that this same provision was
in the report on the Elective Franchise. In that
report the provision went no further than to place
the power in the hands of the Legislature. It
was so in that report, and he thought the Legis-
lature should have the same power here.
Mr. STEWART, of Caroline, said it was gene-
rally unnderstood that the committees appointed
early in the session, would report on the subjects
referred to their charge. They had various du-
ties assigned to them; and the duty assigned to
one committee ought not to be permitted to run
into the duty of another. This clause had been
inserted in the report on the Elective Franchise;
and, if gentlemen would turn to that report, they
would find an amendment which, included all
which he had moved to strike out. It is similar;
and the advantage of having all the laws on one
subject included in one bill, must be apparent to
all. No man looking for the provision against
bribery would think of turning to the legislative
report to find it. If it related to the subject of
voting at elections, he would naturally turn to
the report on the Elective Franchise; and, if he
could not find it there, he would probably come
to the conclusion that there was no provision in
the Constitution concerning it.
Mr. PHELPS said that the report of the com- |
mittee on the Elective Franchise had not been
finally disposed of, but had only been gone
through with in committee of the whole. , There
had been, as yet, no action on it on the part of
the House on the Elective Franchise report.
Nothing had been decided in reference to it. 'It
depends on the action of the House whether it
shall be a part of the fundamental law or not. If
the clause of disfranchisement should not remain
in the report on the Elective Franchise, it ought
to be in this. If it should be determined to insert
the clause of disfranchisement, the Legislature
need not to pass any law on the subject, because
it will be contained in the Constitution. He
hoped the section would remain as it is.
The question then again recurred, and was ta-
ken on the amendment of Mr. STEWART, of Car-
oline, and by ayes 25, noes 27,
The amendment was rejected.
The question recurred on the section as amend-
ed.
On motion of Mr. BRENT, of Baltimore city,
Said section was amended by inserting after
the word " person " in the fourth line, these
words, " who may hereafter be."
The amendment was agreed to.
The section, as amended, was then adopted.
Mr MCHENRY gave notice that on to-morrow
he should move to reconsider the 21st section of
the report.
Ana the Convention adjourned until to-morrow
at ten o'clock.
FRIDAY, February 28,1851.
The Convention met at ten o'clock.
Prayer was made by the Rev. Mr. GRIF-
FITH.
The roll was called, and
The journal of yesterday was read and ap-
proved.
THE COMPROMISE.
The PRESIDENT laid before the Convention the
following communication from His Excellency
the Governor of Alabama:
EXECUTIVE CHAMBER,
Montgomery , Ala., Feb. 18, 1831.
Hon. J. G. CHAPMAN:
SIR: I have the honor to acknowledge the re-
ceipt of yours of the twelfth of December, with
the accompanying "Report of the committee of
the Maryland Reform Convention, on the late
acts of Congress, forming the compromise, &c,"
Maryland has spoken frankly and patriotically.
I sincerely hope her voice may receive a harmo-
nious response from the North, the East and the
West—the South will be true to the Union so
long as the "sacred charter of our rights" is res-
pected and honored, and the general government
manifests a willingness and ability, "to enforce
the laws made for our protection." |