208 JOURNAL OF PBOCEEDINGS [Feb. 5,

Was read the third time and passed, by yeas and nays as
follows:

AFFIRMATIVE.

Messrs. President, Fields,
Aydelotte, Getty.
Blake, Knight,
Brewer, Longwell,
Brattan, Lloyd,
Crawford, McCulloh,
Claggett, Phelph,
Davis, Steiener
Denson, Tuck,
Earle, Walsh—20.
NEGATIVE—None.

Said bill was then returned to the House of Delegates.

Mr. Tuck, from the Committee on Judicial Proceedings,
to which had been referred the memorial of Wm. P. Maulsby,
counsel for J. W. Davis, submitted the following

REPORT:
Of the Senate Committee on the case of Joseph W. Davis.

The Committee on Judicial Proceedings respectfully sub-
mit the following report on the memorial of the Hon. Wm. P.
Maulsby, asking Legislative action in reference to Joseph W.
Davis, now under sentence of death by the judgment of the
Circuit Court for Washington county, for murder.

The memorialist, as counsel for Davis, having defended his
client with great zeal, earnestness and ability in every stage
of the prosecution, and having, as he says, used all the
means known to him in the Courts and before the Governor
for the protection of his life, has in the capacity of citizen,
invoked the Legislature to inquire into the question of his
guilt, with a view to such relief as that department has
power to grant. It is conceded to be an extraordinary ap-
plication ; and hence, the first question which suggested
itself to our minds was as to the power of the Legislature in
the premises. This view of the subject was also taken by the
Committee on the part of the House of Delegates, to which
the memorial had been referred, and accordingly, At their
request, without any pretense of assuming jurisdiction, but re-
cognizing the right of every citizen: of the State, to petition
the Legislature and have his case considered, the two Com-
mittees, jointly, heard arguments on this, as a preliminary
point, in behalf of the accused, and on the part of the State,
without entering into the facts touching his innocence or
guilt for that would be an unnecessary inquiry, if the Legis-
lature has no power to grant relief. Having given to this
question the consideration which its importance to the con-