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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2937   View pdf image (33K)
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2936 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 29]

DELEGATE DUKES: There is at least
one meeting other than this meeting in
which several delegates are involved which
is going on at this time. Is there some way
we can bring them in?

THE PRESIDENT: Tell me where they
are, and I will send the Sergeant-at-Arms
for them.

DELEGATE DUKES: I do not know,
but I know Delegate Kirkland is gone.

(Laughter.)

THE PRESIDENT: The Sergeant-at-
Arms will proceed to the lounge and any
delegates there will proceed forthwith to
the chamber.

DELEGATE ROBIE: The Committee on
Transitory Provisions is meeting in the
Senate Chambers.

THE PRESIDENT: The Sergeant-at-
Arms will proceed to the Senate Chamber
and bring any delegates back, any dele-
gates who are there.

For what purpose does Delegate Mentzer
rise?

DELEGATE MENTZER: Point of in-
formation.

THE PRESIDENT: State the point.

DELEGATE MENTZER: I wonder if
the President can tell me whether this will
be the third or fourth time that we have
voted on this particular substance.

THE PRESIDENT: It will be at least
the third. It may be the fourth. I am not
sure.

The Clerk will please ring the quorum
bell again.

Delegate Adkins.

DELEGATE -ADKINS: Mr. President, a
parliamentary question. Is it too early to
move the previous question?

THE PRESIDENT: Yes, I think it is. I
think the sponsor of the motion has the
floor and until he yields the floor, I cannot
recognize anyone else.

Is the Sergeant-at-Arms here? Will you
please report? Are all delegates present?

SERGEANT-AT-ARMS: Yes, sir.

THE PRESIDENT: The reconsideration
of the vote by which Amendment No. 2
was rejected has been moved and seconded.
The Chair recognizes Delegate Stern.

DELEGATE STERN: I yield to Dele-
gate Adkins.

THE PRESIDENT: Delegate Stern, the
Chair cannot recognize you for that pur-
pose. The Chair recognizes you to speak
to the motion.

DELEGATE STERN: I am ready to
vote. I have nothing to say.

THE PRESIDENT: You do not have
to speak.

Delegate Churchill Murray.

DELEGATE E. C. MURRAY: Mr. Pres-
ident and ladies and gentlemen, I will make
this as brief as I can in deference to those
who are tired of hearing.

THE PRESIDENT: I shall remind you
that, in any event, it shall not exceed three
minutes.

DELEGATE E. C. MURRAY: It shall
not.

In any event, I was about to make very
brief remarks about it when someone moved
the previous motion this morning.

If I may, I will say this which I hope you
will take into consideration in your vote.
Do the people, and this concerns the people,
not have the right to reserve unto them-
selves the unique Maryland custom of be-
ing truly judged by their peers, both as to
the facts and the application of the law?
Antiquity alone is no good reason to retain
a custom, but custom which has been re-
tained for nearly four hundred years, and
this means for twelve generations, is not to
be lightly cast aside.

Whence comes the power of the judges?
Is it not given to them by the people? This,
I think, is something that you should think
about. Is it not given to them by the people
and do we, the people, not have the right
to reserve unto ourselves the right to be
truly judged by our peers? The meaning
of the word "peers" is simply one's equal.

This right of the people has seldom been
abused in the past in Maryland although
Marylanders are tolerant people when
faced with the solemnity of the court and
their sworn duty as jurors. You may trust
them to do justice as they see it. Even in
1598 and that is the furthest back anyone
has traced this, certain offenses were —

THE PRESIDENT: You have one-half
minute.

DELEGATE E. C. MURRAY: — were
reserved very differently from the time of
the Magna Carta. No need that we go that
far back. This is the point I wanted to
make and ask you to consider: laws adopted



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2937   View pdf image (33K)
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