There have been times when this matter in
England was a matter of grave doubt. It
was a long while before it was settled in Eng-
land that if a jury should undertake to bring
in a verdict contrary to the instructions of
the judge, upon the law, that the jury was not
liable to be punished for so doing. It was
not until the great libel case; when it was as-
serted and maintained with great power that
it was the principle even under the common
law that the jury were the judges of the law
and of the fact. I ask how it would be in the
case of the defence of a man honestly enter-
taining views of the law different from those
of the judge; what lawyer would undertake
to give his views of the law to the jury, if
the court could put him down? He could
not go on .and argue it, as he can under this
provision of the law, as it now stands. For
these reasons I shall vote against striking out
this section.
On motion of Mr. NEGLEY,
The convention took a recess 8 o'clock,
P.M.
EVENING SESSION.
The convention met at 8 o'clock, P. M.
The roll was called, and the following
members answered to their names :
Messrs, Goldsborough, President; Abbott,
Annan Audoun, Baker, Barron, Belt, Briscoe,
Brooks, Brown, Carter, Chambers, Clarke,
Cunningham, Cushing, Daniel, Davis, of
Washington, Dellinger, Dent, Duvall, Earle,
Ecker, Farrow, Galloway, Greene, Hatch,
Hebb, Henkle, Hollyday, Horsey, Jones, of
Cecil, Kennard, King, Lansdale, Lee, Mar-
bury, McComas, Miller, Morgan, Mullikin,
Murray, Negley, Nyman, Parker, Parran,
Purnell, Ridgely, Russell, Sands, Schley,
Schlosser, Scott, Smith, of Carroll, Smith, of
Worcester, Sneary. Stirling, Stockbridge,
Sykes, Thomas, Todd, Turner, Valliant,
Wickard, Wooden—64.
THE SCHEDULE,
The convention resumed the consideration
of the report of the committee on the sche-
dule.
The question being on the adoption of
the amendment submitted by Mr. CHAMBERS,
to strike out the sixth section of the report,
as amended as follows:
"Sec. 6. In the trial of all criminal cases,
the jury shall be the judges of law as well as
fact."
The amendment was rejected.
The next section was read as follows :
" Sec. 7. The trial by jury of all issues of
fact in civil proceedings, in the several courts
of this State, where the amount exceeds the
sum of five dollars, shall be inviolably pre-
served."
No amendment being offered, the next sec-
tion was read as follows :
"Sec. 8. The general assembly shall have |
power to regulate by law, not inconsistent
with this constitution, all matters which re-
late to the judges of election, time, place,
and manner of holding elections in this State,
and of making return thereof."
Mr. DUVALL submitted the following amend-
ment :
Amend by striking out " not inconsistent
with this constitution," in the second line.
The amendment was rejected.
No further amendment was offered.
The next section was read as follows :
"Sec. 9. All officers, civil and military,
now holding office, whether by election or
appointment under the State, shall continue
to hold and exercise their offices according to
their present tenure, unless otherwise provided
in this constitution, until they shall be super-
seded pursuant to its provisions and until
their successors be duly qualified, and the
compensation of such officers which has been
increased by this constitution, shall take effect
from the first day of January, 1865.
No amend ment was offered.
COMMISSIONERS OF REVISION.
Mr. STOCKBRIDGE submitted the following
amendment:
Insert as an additional section the following:
"Sec. 10. It shall be the duty of the gov-
ernor immediately after the adoption of this
constitution, to appoint two "commissioners
of revision," whose duty it shall be to pre-
pare and present to the general assembly at
its first session thereafter, drafts of all bills
which the general assembly are required by
this constitution to pass, or which may be
necessary to carry into effect its provisions.
The commissioners of revision shall also
proceed with all reasonable despatch, to revise
the code of the State, embodying in it all ex-
isting laws not now incorporated therein,
omitting all superfluous words and enact-
ments, and all such as have ceased to affect
existing rights, condensing the whole into as
concise a form as is consistent with a full and
clear expression of the law, and suggesting
any errors or omissions which may be found
to exist therein, and the best mode of rectify-
ing the same.
They shall report the code 90 revised, to
the general assembly for its approval, and
while the bills so prepared, and the code so
revised by them, shall be under consideration,
shall be entitled to seats upon the floor of the
senate or house of delegates, and to take part
in the discussions thereof, but without the
right of voting thereon."
Mr. STOCKDRIDGE said: I will state in a few
words the purpose of that amendment. The
present constitution made provision for cer-
tain commissioners of revision to codify the
law of the State. That work was done. The
present constitution has no such provision in
it) and at the same time we have made no
extra provision, as the last constitutional con |
