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other had to do with whether or not he is
apt to be a harm to his community, or pub-
lic peace, whatever that is. I suggest to
you that if we assume as we are supposed
to assume that he did not do that which
he has been accused of doing, there would
be very little doubt in most of our minds
as to whether or not he should be allowed
to remain free until he is tried. I like the
sense of this amendment.
The part I do not like is the part about
public peace. I disagree with Judge Child
and I disagree apparently with some mem-
bers of this Convention who earlier moved
to strike the right of bail from the Mary-
land Constitution, as it was then composed.
I suggest to you very simply that if you
believe that a man in this country — a free
man, not a liberal, as some of us call our-
selves, not a conservative, as some of us
call ourselves, but a free man, as most of
us choose to call ourselves — is not convicted
in these United States until he has had his
trial and until someone has found him
guilty, not just a judge in whose discretion
we wish to place his bail, but the jury and
the judge, you would not find it proper to
allow a judge, a man like the rest of us, to
decide whether or not the man who has
been accused is going to be a harm to his
community. I believe that any man in this
country, until he is convicted, is entitled
to be free, and there is only one reason
for keeping him in jail, and that is, that he
may not be at the trial at the time we
come to try him.
I will vote against this amendment. At
a later date when it is appropriate I will
move to reconsider this matter. I do not
think I would like to tamper with the ten
commandments and I would not tamper
with the Bill of Rights. Nothing in the
constitution gives you a right to bail. You
are talking about this kind of bail. I under-
stand some delegates said, do not worry
about it, it is taken care of in other places.
I hope someone will show me where else in
the constitution is shows you have a right
to bail. If someone does I will remove my
objection. Otherwise, this is the place to
put a right to bail in the constitution.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 16. A vote Aye is a vote
in favor of the amendment.
Delegate Child.
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DELEGATE CHILD: A point of order.
There was a motion to reconsider.
THE CHAIRMAN: No. Delegate Dukes
gave notice that he intended at a later date
to make a motion to reconsider. The ques-
tion arises upon the adoption of Amend-
ment 16. A vote Aye is a vote in favor of
the amendment. A vote No is a vote against.
Cast your votes.
Has every delegate voted?
Does any delegate desire to change his
vote?
The Clerk will record the vote.
There being 20 votes in the affirmative
and 92 in the negative, the motion fails.
The amendment is rejected.
Delegate Dukes.
DELEGATE DUKES: Mr. Chairman,
will the Chair advise me when it will be
appropriate to move to reconsider the ear-
lier vote?
THE CHAIRMAN: We may reconsider
it now or at any earlier date when this
article is under consideration.
DELEGATE DUKES: I would move to
reconsider it now.
THE CHAIRMAN: You are moving to
reconsider the vote by which Amendment
No. 12 was adopted?
DELEGATE DUKES: I believe that is
correct, Mr. Chairman.
THE CHAIRMAN : It is moved that the
vote by which Amendment 12 was adopted
be reconsidered. Is there a second?
(Whereupon, the motion was duly sec-
onded.)
THE CHAIRMAN: The Chair recognizes
Delegate Dukes to speak to the motion.
DELEGATE DUKES: Mr. Chairman, I
think I have already stated the bulk of
what I had to say. I reiterate the principle
very simply: if we believe that you are
not convicted until you have had a trial,
then it seems to me we must also believe
that you should not have to sit in jail and
cool your heels because some judge thinks
you might be guilty. Regardless of what
the members of the bench may say I sug-
gest to you there is no other reason that
a judge keeps a man sitting in jail. There
is one possible other reason, and that is
he thinks he is a bad man for some other
reason. Surely none of us would go so far
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