The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-02-12
DAY.

The convention assembled at II NJ. Prayer by
Rev - Harris.
Leave CT absence was granted L. Boozcr, so that
lie might attend to his dulcs as District Judge Of
Lexington.
F. j. Moses moved that the President be re-
quested 10 take such steps as may be necessary to
correct the inaccuracies in the journal from day to
day. Agreed 10.
After discussion and attempted amendment the
report of The Committee ON Rules ami Regulations,
fixing the hours of session hereafter between half
past 10 \. NJ, and half past > p. NJ was adopted.
On motion of H. G.. Dcl.argc, the convention re-
solved itself into Committee OF the Whole (.I. NJ.
Rutland in the chair, and took up for consdera-
tion The unfinished business Of yesterday, being
the 9th section of the Bill Of Rights which reads
as follows:
SIC. o. In prosecutions for the publication of
papers investigating The official conduct OF nicers
or men i'll public capaciy or when the matter pub
lished is proper for public information. The truth
thereof may he given in evidence ami that in 81,
indictments for libel, the jury shall nave the right
TO dccrnnc The law and the facts under the di-
rcction oil the court.
e. c. Bowen made strong speech in favor of
the section as it reads and quoted largely from le-
gal decisions in support of the proposition. The
following extract from an opinion by Judge Story,
in the case of the United States BATHS. reported
in 2d Sumner p 2lO, will afford an idea of the
general line of argument Of the speaker
/" Before proceed, said the Judge, "to tho
merits of this case, wish TO say few words
upon point suggested by the argument of The
learned counsel for the prisoner upon which |
have had decided opinion during the whole of
my professional life. 1t is that, i'll criminal cases.
and especially in capital cases, nres shall judge
the law rs well rs the fact. More opinion is that
jurics are no more judges of the law in capital or
other criminal cases than they are in any civil
case tried upon general issue. In each OF these
cases their verdict Is necessarily based upon the
law and fact and include BOTH In each they have the
physical power 10 disregard the law MS laid down
by the court; but deny that IN any case. civil or
criminal, they have moral right TO decide the law
according to their own notions OF pleasure On the
contrary, hold it to be the most sacred constitu
tional right of every party accused of crime that
the jury should respond rs to the fact and report
rs to the law. 1t is The duty of the court to in
struct the jury as to the law 1t is the duty Of the
jury to follow the law laid down by the court.
Mr.. Bowen also showed that what was known rs
MIR. Fox's libel act, passed by the English Parlia-
ment, only proposed TO give TO the jury what was
proposed in the 9Th section, and that il Ind been
Incorporated into thrcc-tourths of the constitution
of the United States.
j. S. Craig. of Colleton, moved that Section Q
be stricken out IN toto.
DR.. A. G. MAcKEY, delivered lengthy speech,
and in conclusion offered the following resolution:
Resolred, That the committee of the whole now
rise and report that they have had The ninth sec
ton under consideration, and recommend that The
words have the right TO determine tbS law aud
facts under the direction of the court be stricken
out, ami these words be inserted .'thc jury shall
be judges of the law and fact"
The resolution was agreed to, the committee
rose reported progress, and the convention adop-
ted its report.
With but slight amendments, most of them ver-
bal in character, the convention then passed Sec
tons ten eleven, twelve, thirteen, fourteen. fifteen.
sixteen and seventeen, and the hour of having
arrived, adjourned to meet this morning at half
past lU o'clock.