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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1422   View pdf image (33K)
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1422
dollars, or something of that kind, he may
perhaps be able to do it from the code. I, how-
ever, once knew a justice of the peace, who
accepted the office, when appointed to it, for
fear the governor might consider it discour-
teous in him to refuse. He was called upon
to draw a deed, which he did, following the
old forms of 1805; but when he came to the
description, he copied so literally that it read
—' 'beginning at astone and going to the
end of the description," and that is so record-
ed to this day in Somerset county.
Mr. SCHLEY. This section was amended
yesterday before it was struck out, by strik-
ing out the words " of good moral character,
being a voter." The action of the convention
therefore has been had upon the words " be-
ing a voter." Is it competent now for the
gentleman from Talbot (Mr. Mullikin) to
offer an amendment to the section including
those words ?
Mr. PUGH. The action of the convention
of last night has been reconsidered.
The PRESIDENT. If a proposition is recon-
sidered, everything in connection with the
proposition is also reconsidered, and the whole
subject is opened up again.
Mr. STOCKBRIDGE. The words "of good
moral character, being a voter," were strick-
en out of the section last night. What was
left then was the following :
"Every person shall be admitted to prac-
tice law in all the courts of this State, in his
own case."
Now, having voted to reconsider the vote
by which the entire section as amended was
stricken out, is not the question again upon
the motion to strike out the section ?
The PRESIDENT. The gentleman from Tal-
bot (Mr. Mullikin) has moved an amendment
to the section, in the nature of a substitute.
Mr. NEGLEY. Which substitute is the same
as the section stands amended, with the ex-
ception of the words " being a voter."
Mr. DENT. According to my understand-
ing the last vote upon the section yesterday
was upon the motion to strike out the sec-
tion. That vote is the one which has been
reconsidered this morning. And after that
reconsideration, the motion to strike out the
section is again before the convention.
The PRESIDENT. The gentleman from Tal-
bot in lieu of the section that bad been stricken
out proposes another section, to which the
gentleman from Calvert (Mr. Parran) moves
an amendment, to insert the words " in this
State," after the words "being a voter."—
The first question is upon the amendment of
the gentleman from Calvert
Mr. MULLIKIN. I will accept that amend-
ment.
The question was upon the substitute as
modified.
Mr. JONES, of Somerset. I move to strike
out the words " being a voter."
Mr. MULLIKEN. That will admit colored
people to practice.
Mr. JONES, of Somerset. Well, if a color-
ed man chooses to try his own case, let him
do so; I see no objection to that.
Mr. BERRY, of Prince George's. So far as
the members of our profession are concerned,
if we looked alone to our interests, we would
greatly prefer to have incorporated into the
constitution a provision allowing every per-
son to practice law in all the courts of the
State in big own case. It has been my expe-
rience in the practice of law, that those who
have no practical knowledge of the law have
been the means of making more law-suits
than there would have been without their as-
sistance. I know various cases arising in
our county: I call to mind now one in par-
ticular, a criminal case, where the .party at-
tempted to defend himself. The jury found
him guilty without leaving the jury-box,
though it was the opinion of every member
there that if he had had a professional man
to defend him he would have been acquitted.
There was another case of assault and bat-
tery, with which there was no aggravating
circumstances connected. The party under-
took to delend himself, and was found guilty
and fined three hundred dollars.
It has been my experience that it is a great
deal better for our profession, if we look at it
in that light, to let every man practice law,
for they make more law-suits. We have
found the old adage true, " that he who tries
his own case, has a fool for a client."
Now I came here to try and make an or-
ganic law that would meet the wants of the
people of the State for all time to come. I did
not want them to have another constitution-
al convention called within my lifetime.—
But my opinion has now very much changed
—1 want to see another constitutional con-
vention in this ball in less than three months.
And if it could be done, I would have every
one of the majority here turned out and what
1 consider better men politically, put in their
places. I am here to do my duty to my constituents,
and that I intend to try to do in
my own way. I am here to try if I can to get a
perfect organic law for the people of this
State, and therefore I am prompted by no
desire to put in any provision which will as-
sist my profession, or any other profession.
Now, individually, I have no objection to
this section. Bullet me ask if it is better to
allow every citizen to practice in his own
case, however inexperienced in the practice of
law he may be, and however little knowledge
he may have of it? I say that the citizen is much
better off when he gets a professional adviser
and gives him a fee to try his case. If the
majority of this convention desire to have
this section incorporated into the constitu-
tion, I want them to understand that I vote
against it only because I think our citizens
generally would be benefited by not having


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1422   View pdf image (33K)
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