the hall, and indulging in conversation, it is
utterly impossible to keep the convention in
proper order. Hereafter, should this again
occur, the president will suspend all business
until order is restored,
Mr. CHAMBERS. I had understood from the
use of the term "calling the roll" that the
idea was to take the vole over again, and to
that I had a positive objection. I have not
the least objection to the vote being read over
again. I misunderstood the announcement,
and supposed the president had assumed the
power to have the vote retaken.
The names of those in the affirmative and
in the negative were again read over.
Mr. TODD. Would it be in order to change
my vote now?
The PRESIDENT. No sir; the vote has been
announced. The president has permitted the
vote to be again read over, for the purpose
merely of correcting an erroneous impres-
sion.
Mr. TODD. Then I move to reconsider the
vote just taken.
The motion to reconsider was seconded
by Messrs. NYMAN and SANDS.
Mr. JONES, of Somerset, called for the yeas
and nays on the motion to reconsider, and
they were accordingly ordered.
The question being then taken, by yeas
and nays, it resulted—yeas 42, nays 30—as
follows:
Yeas—Messrs, .Goldsborough, President;
Abbott, Annan, Audoun, Barron, Brooks,
Cunningham, Cushing, Daniel, Davis, of
Washington, Earle, Ecker, Galloway, Hatch,
Hebb, Hopkins, Hopper, Keefer, Kennard,
King, Markey, Mayhugh, McComas, Mullikin,
Murray, Negley, Nyman, Pugh, Purnell,
Robinette, Russell, Sands, Schley, Schlosser,
Smith, of Worcester, Stirling, Stockbridge,
Sykes, Thomas, Todd, Wickard, Wooden—
42.
Nays—Messrs. Berry, of Prince George's,
Billingsley, Blackiston, Brown, Chambers,
Clarke, Crawford, Davis, of Charles, Dennis,
Dent, Duvall, Edelen, Gale, Hodson, Horsey,
Jones, of Cecil, Jones, of Somerset, Lansdale,
Lee, Mace, Marbury, Mitchell, Miller, Morgan,
Parker, Parran, Smith, of Carroll, Smith,
of Dorchester, Swope, Turner—30.
The motion to reconsider was accordingly
agreed to.
The question recurred upon the adoption
of the order as amended.
Upon this question Mr. JONES, of Somerset,
called for the yeas and nays, and they were
ordered.
Mr. BERRY, of Prince George's. Before
the vote is taken, I propose now to make the
motion to postpone this subject until tomorrow
morning. In the meantime I will ascer-
tain who are the proper authorities from
"whom this information can be obtained.
The question being then taken upon postponing
the farther consideration of the order |
until to-morrow morning, upon a division—
ayes 44, noes not counted—it was agreed to.
JUDICIARY DEPARTMENT.
The convention then resumed the consider-
ation of the report of the committee on the
judiciary department, which was on its sec-
ond rending.
Mr. KING gave notice that at the proper
time he would submit the following amend-
ment :
''That the judicial districts in the several
counties of the State be as reported by the
judiciary committee, except Frederick and
Baltimore counties, each to be separate judi-
cial districts.
PERSONS ADMITTED TO PRACTICE LAW.
Mr. MULLIKIN moved to reconsider the vote
by which section eleven of the report of the
committee on the judiciary department had
been stricken out.
The section as reported by the committee
wag as follows:
" Section 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."
Previous to its being stricken out, it had
been amended, on motion of Mr. STIRLING,
by striking out the words ' ' of good moral
character, being a voter."
The question was upon the motion to re-
consider, and being taken, viva voce, before
the result was announced—
Mr, ABBOTT called for the yeas and nays,
which were ordered.
Mr. NEGLEY. I hope the convention will
reconsider the vote by which this section was
stricken out. It is the provision in the last
constitution by which every man is allowed
to go into court and appear in his own case,
and thereby save to himself an appearance
fee at least. It was adopted by the last con-
vention, and is a concession, not to the bar,
I know, but to the people generally, and I
'should like to see it retained.
The PRESIDENT. Is it not a common-law
right ?
Mr. NEGLEY. Then why was it put in the
constitution at all? The practice in all the
courts, previous to the adoption of the pres-
ent constitution, was that no man could ap-
pear except by attorney.
The PRESIDENT. I venture to say that be-
fore the adoption of the present constitution
there were more of such appearances than
now.
Mr. JONES, of Somerset. The party need
not appear in his own case now. But this
gives him the right to appear in person and
confess the judgment, as has been done from
time immemorial; or he may try his own
case. He has a common-law right to do so.
A lawyer is but the agent of the party. The
party may appear in person and try his own |
