The times. [volume] (Richmond, Va.) 1890-1903, 1901-10-22
Mr.. BRA1yION
WINS HIS FIGHT
Amendment Adopted Providing for
Freedom Of Speech.
WILL COMPLETE BILL OF RIGHTS
Convention 10 Finish Its Considerations
To-Dsy-Bartour Amendment Adopt
ed as to Juries-Day
Proceedings.
Amendment Adopted Providing for
WILL COMPLETE BILL OF RIGHTS

~
The feature of yesterdays session OF
the convention, Which lasted from noon
until 9 O'Clock p a.. was the adoption
OF an amendment offered by Mr.. BraS-
ton, of augusta, to section i of the Bill
of Rights. providing that any CITIZEN
may speak. write and publish his senu-
ments on all subjects, being responsible
for the abuse of that liberty
This amendment, relating to freedom
of speech and press, had been rejected
both in the Committee on Bill OF Rights
and in Committee of the Whole, and It's
adoption by the convention yesterday by
q vote of 81 to II was something of
surprise, though it was not fought with
any very great Sigor.
Mr.. Braxtom spoke ably for the amend
ment and it was opposed briefly by
Chairman Green.
There We're 90 members of the conven-
ton in their seats when President Goode
raped TO order at noon.
a resolution was offered by Mr.. O'Fla-
llerty and adopted, abrogating the rule
providing for afternoon sessions for the
day only. Mr.. Gordon, of Richmond Of
fered an amendment to the rules which
went over for two days, providing that
leaves of absence be not granted menu
bers on. account of sickness when there
are as many as twenty leaves in force.
There were a number off petitions and
memorials on various subjects, ana
number Of leaves Of absence were grant
ed The Bill of Rights was then taken
UP. and section II was adopted alter the
passage OF an amendment offered by MI.
Barbour, providing that a jury Oh i've
might be empanelled for the trial OF
Inn
whether such causes are brought into
the court by original process or by ap-
peal or removal from justice.
After amending section i as indicated
above the convention. at P. NJ, ad-
journed until 10 O'Clock this morning. 1t
is probable that the Bill Of Rights Will
be finally adopted to-day. as only few
more sections remain to be acted upon.
THE DAY IN DETAIL.
The convention met at noon, prayer be-
ing offered by Rev. John Moncure, Of the
Episcopal Church The roll-call showed
fifty-tive members present, ana the
journal of Saturdays proceedings was
read and approved.
A good many leaves Of absence We're
granted.
Mr.. James W. Gordon offered an
amendment to the rules, proTlolng that
no leave of absence should be granted
ed twenty.
This goes over for two days
The convention then resumed consldera-
ton of Section II of the Bill of Rights.
Mr.. Barbour moved to amend by allow
ing iuries of less than twelve in CIVIL
cases involving less than sloo.
The amendment was adopted by vote
OF IS to 16.
Several other Amendments were offered,
ali of them being rejected. Section IL, as
amended. was adopted. 1t reads:
III. That in controversies respecting
property, and in suits between man and
man. a trial by jury is preferable to airy
other, and ought to be held sacred; and
no person shall be deprived of his prop.
erty without due process of law; but the
General Assembly may, by law. in such
cases, prescribe any number less than
twelve. but not less than seven, to con-
stitutn a jury
For the trial of all civil cases not now
triable before a justice OF the peace. ana
any number not less than five for the
trlal of civil cases now sriable by JUS
ticc of the peace, whether such cases are
Brought into the courts ty original pro-
cess or by appeal or removal from 81 JUS
tee
WANTS TO RECONSIDER.
l.
to section so that appeals could be
allowed the Commonwealth in lecisinns
of the court pertaining to local optioi,
liquor cases.
It was decided that section mad been
adopted.
Mr. O'Flaherty then gave motive that
at some future time he should move to
reconsider the vote by which section s
was adopted, and would then offer his
amendment.
Section y. relating to freedom of the
press and freedom of speech was next
taken up.
Mr.. BraXton moved to amend, by suo-
shutting the section as it reads in the
present Constitution. He said there was
no reason why the words OF the present
section should be struck out He said
freedom Of speech was just as essential
as freedom of the press, and the same
reason would apply to leaving out one
asst the other. He thought is would be
a mistake to omit the last clause He
said Judge Green had given as a reason
for emitting it by saying that a bad crowd
rut it in in 1864, SO that negroes could
abuse white people. Mr.. Braxter said
he was indebted to the Norfolk Land
mark for showing that the identical lam
guage embraced in the Underwood Con-
stitution had been used in the French
Assembly in 1889, and was portion of
their celebrated Constitution. He then
read a list Of ttirty-two States who had
adopted the same clause, long prior to
1869, and which was first incorporated in
the Pennsylvania Constitution in 1871.
OTHER STATES CITED.
He contended there WAS great deal of
oinerence in adopting a new thing and
rejecting an OLD thing. He cited the rea-
scning Tor not rejecting the word Chris
tan. and claimed that failure to keep
the word might look like a reputation
OF the Christian religion
Mr.. BraNton referred to recent acts OF
the Government and OF certain States
squirting ut q curtai,ment of freedom OF
speech for either spoken or printed
ords. and said it was not SO certain
that freedom OF speech was now, unoer
the modern process Of Injunction and
criminal prosecution. an inyiolate funda-
mental right.
1t could be reached as was being reach
cd by the courts as a contempt OF court
and even a jury trial was denied. Sew
cral Supreme Court decisions of different