great many cases where the facts are perfectly
simple, dependent upon the testimony of one
witness, or two at the best. Hours might be
occupied before a jury, while the matter
would he disposed of before the court in a
few minutes. The putting labor upon the
judge is a consideration, I think, hardly to
be regarded as worth estimating in such
cases. It is only where both the parties
desire it, that they are to have this privilege
And if it was an onerous case to the judge, I
think the principle of common delicacy would
lead them to forbear exercising this privilege.
I know that has been the practice. I know
that the judge of the court has repeatedly
urged counsel rot to submit cases of a very
serious criminal character, to his decision,
when they expressed a desire to do so. And
as gentlemen would always do, they have
courteously acceded to the judge's request,
and have gone before ajury. Now, where
there is a very simple case, where much time
may be saved, and where both parlies desire
it, why forbid parties from exercising their
option? I confess, that I can see no objec-
tion to the. section.
Mr. THRUSTON. I think the section will be
made less ambiguous by changing the word
"and," to the word "or," so that it will
read: " but the parties to any cause may, by
consent, appoint a proper person to try said
case, or may try any cause before the court
without the intervention of a jury."
Mr. STOCKBRIDGE. That changes the mean-
ing of the sentence somewhat, as I understand
it.
Mr. THURSTON. I do not so understand it.
The change I propose would carry the idea of
consent into the latter clause mire clearly
than it now does; and that I suppose is the
intention. If it is left as it now stands, the
words "by consent," ought to be inserted
into this latter clause also,
The question was upon striking out the
word "and," and inserting the word "or;"
and being taken, it was agreed to.
Mr. NEGLEY. I think this section should
not be passed in its present form. This
section contemplates a three-judge system.
It say, " The legislature shall provide for the
trial of causes in case of the disqualification
of all the judges of the circuit, &c." Sup-
pose we adopt a, one judge system, then we
will have to go back and change this.
Mr. SMITH, of Worcester, moved that the
convention take a recess; but withdrew the
motion at the request of
Mr, BERRY, of Baltimore county, who asked
and obtained leave to submit the following
report, which was read the first time, and
ordered to its second reading :
The committee on militia and military
affairs respectfully submit the following re-
port: |
MILITIA AND MILITARY AFFAIRS.
Section 1. The militia shall be composed of
all able-bodied male citizen?, residents of this
State, being eighteen years of age, and under
the age of forty-five years, who shall he en-
rolled in the militia, and perform military
duty in such manner not incompatible with
the constitution and laws of the United
States, as may be prescribed by the general
assembly of Maryland.
Sec. 2. It shall be the duty of the general
assembly to provide for and perfect from time
to time the enrolment of the militia, and also
for its effectual organization, and to make
for this purpose such division of the State
into military districts as may secure these
results, and in so doing to especially pass
such laws as shall promote the formation of
volunteer militia associations in the city of
Baltimore, find every county, and to secure
to them such privileges or assistance as may
afford them effectual encouragement.
Sec. 3. The adjutant general shall be
appointed by the governor, by and with the
advice and consent of the senate. He shall
hold his office for the term of—— years,
and receive for his services an annual salary
JOHN S. BERRY, Chairman,
JOSEPH B PUGH,
H. W. DELLINGER,
D. C. BLACKISTON,
GEORGE PETER.
Mr. WICKARD, from the same committee,
asked and obtained leave to submit the fol-
lowing report which was read :
The minority of the committee on militia
and military affairs, respectfully submit the
following report:
Section 1. The militia of this State shall
consist of all able-bodied male citizens, be-
tween the ages of eighteen and forty-five
years, except such persons as now are, or
may hereafter be exempted by the laws of the
United States or this State.
See. 2. Persona whose religious opinions or
conscientious scruples forbid them to bear
arms, shall not be compelled to do so in time
of peace, but shall pay an equivalent for such
personal service.
Sec. 3. The general assembly shall provide
for organizing, equipping and disciplining
the militia, in such manner as shall he most
effective to repel invasion and suppress in-
surrection, not incompatible with the laws of
the United States.
Sec. 4. The militia officers shall be chosen
or appointed as follows: Captains, subalterns
and non-commissioned officers shall be chosen
by the written votes of the members of their
respective companies; field officers of regi-
ments and separate battalions, by the written
votes of the commissioned officers of their
respective regiments and ?seperate battalions
to Which they belong; brigadier generals and |
