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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1411   View pdf image (33K)
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1411
Parker, Pugh, Purnell, Robinette, Russell
Schley, Smith, of Carroll, Smith, of Wor
cester, Stockbridge, Swope, Thruston, Todd
Wickard, Wooden—33;
The amendment was accordingly rejected
No further amendment was offered to the
tenth section.
PERSONS ALLOWED TO PRACTICE.
The next section was then read as follows
"Sec. 11. Every person of good moral
character, being a voter, shall be admitted
to practice law in all the courts of this State,
in his own case."
Mr. STIRLING. '1 move to stricken out the
words "of good moral character, being a
voter." I do not see why a thief should not
be allowed to defend himself, if he does not
choose to employ a lawyer. People of good
moral character do not want to defend them-
selves. At common law every man has a
right to defend his own case. This was orig-
inally put in the constitution for the purpose
of allowing everybody ' 'of good moral char-
acter, being a voter," to practice law. and
then on the motion of some one the words ' ' in
his own case," were added, which cut the
thing right down at the roots. It is a restric-
tion of the common law right to say that a
man shall not defend himself unless he has a
good moral character. Who is to decide
that question? The very people who want to
defend themselves have no good moral char-
acter. If a man is fool enough to try his own
case and not employ a lawyer, I want him to
show his folly, if be wishes.
Mr. STOCKBRIDGE. And there is another
reason for it. That much of the practice of
law may ruin what little moral character he
had to begin with.
The question being then taken upon strik-
ing out the words, " of good moral character,
being a voter," upon a division—ayes 30
noes 23—it was agreed to.
Mr. STOCKBRIDGE. I would call the atten-
tion of the convention to the condition in
which this section is now left.
"Every person shall be admitted to prac-
tice law in all the courts of this State, in his
own case."
That leaves it ambiguous as to whether a
woman would not be admitted to practice.
Mr. STIRLING. I move to stricken out the
section, as it is wholly unnecessary. Every
person has that right at common law.
The question being taken upon the motion
to strike out the section, it was agreed to, •
On motion of Mr, TODD,
The convention then adjourned.
SEVENTY-SIXTH DAY.
THURSDAY, August 18,1864.
The convention met at 10 o'clock, A. M.
Prayer by Rev. Mr. Owen.
The roll was called, and the following mem-
bers answered to their nannies :
Messrs. Goldsborough, President; Abbott,
Annan, Audoun, Barron, Berry, of Prince
George's, Billingsley, Blackiston, Brooks,
Brown, Carter. Chambers Clarke, Crawford ford,
Cunningham, Cushing, Dail, Daniel, Davis, of
Charles, Davis, of Washington, Dennis, Dent,
Duvall, Earle, Ecker, Edelen, Gale, Galloway,
Hatch, Hebb, Hodson, Hopkins, Hopper,
Horsey, Jones, of Cecil, Jones, of Somerset,
Keefer, Kennard, King, Lansdale, Lee, Mace,
Marbury, Markey, Mayhugh, McComas,
Mitchell, Miller, Morgan, Mullikin, Murray,
Negley, Nyman, Parker, Parran, Peter, Pugh,
Purnell, Robinette, Russell, Sands, Schley,
Schlosser, Smith, of Carroll, Smith, of Dor-
chester, Smith, of Worcester, Stirling, Stock-
bridge, Swope, Sykes, Thomas, Thruston,
Todd, Turner, Wickard, Wooden—76. i
The journal of yesterday was read and ap-
proved.
ABSENT MEMBERS.
On motion of Mr. HEBB,
It was ordered to be entered on the journal
that Mr. Greene, of Allegany, is detained
from his seat in the convention on account
of sickness.
On motion of Mr. SMITH, of Dorchester,
It was ordered to be entered on the journal
that Thomas J. Dail, is kept from his seat in
the convention by indisposition.
On motion of Mr. BARRON,
it was ordered to be entered on the journal
that if John Barron had been present he
would have voted for the test oath offered by
Mr. Stirling, and would hive voted for the
amendment to the report of the committee
on the judiciary offered by Mr. Abbott.
LEAVE OF ABSENCE.
Mr. THOMAS asked and obtained .leave of
absence for a few days on account of ill-
ness.
Mr. THRUSTON asked and obtained leave of
absence until Monday next,
Mr. WICKARD asked and obtained leave of
absence from the session of this evening, be-
ing slightly indisposed.
Mr. BROOKS. I desire to be excused from
attending night sessions, and I will assign
my reason for the request. I believe that it
is generally known to this convention that 1
am commissioner of enrolment for the third
district. It is necessary for me to be in Bal-
timore some time each day to sign certain
papers. When I return to Baltimore at night,
my clerk brings the papers to my house and
1 sign them. It is therefore imperative that
1 should be in Baltimore some time each day.
I hope the convention will indulge me by
granting this request.
Leave of absence was accordingly granted.
Mr. BARRON. I would like very much to
have the convention excuse me from attend-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1411   View pdf image (33K)
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