unfits them, will be to make "confusion worse
confounded." I hope to see a provision made by
this Convention for codifying the laws of the
State, but it can only be done by a few of the
ablest lawyers of the State, who should be selected
for the purpose, and adequately paid for their
services in preparing such a code, to be submitted
to and receive afterwards, the sanction of the Le-
gislature. In this way this desirable work may be
accomplished, but it can be effected in no other
way. Besides, it is argued that this amendment
will have the effect of preventing or restraining
incompetent men from attempting to prepare bills
for the legislative action, inasmuch as it will re-
quire a thorough knowledge of all previous legis-
lation to prepare a bill embodying all pre-existing
laws on the subject. It is desirable certainly,
that incompetent persons should not become
members of the Legislature, but who is to be the
judge of the competency of gentlemen to hold
seats in the Legislature besides their constitu-
ents? If the people think a man competent,
there is an end of that question, and he stands in
this Hall the equal of any other. And shall it
be said or maintained here that a farmer, a me-
chanic, or any other that the people may please
to elect, shall not be privileged to bring forward
such measures as his constituents require, because
he is not learned in the laws, and the Constitu-
tion requires that he shall make a collection of
all the laws that have ever been passed upon the
subject, on which his people want but some
partial legislation, and therefore, none but a good
lawyer can draw a bill ? I trust not. I am very
sure the honorable gentleman from Frederick,
(Mr. Thomas,) intends no such thing as this.
But such will be the scope and operation of the
proposition if adopted. Errors and egregious
blunders, it is true, do sometimes blur our statute
book, but this was a small evil compared with a
policy which would disfranchise a portion, pro-
bably a large portion, of the members of the Le-
gislature. Besides this, you would be imposing
a task upon the Legislature which even those
who might be most competent to its performance
would rarely and always most reluctantly under-
take, it would be requiring a large expense of
of time, labor, and money to no good purpose
whatever, that he-could perceive. He was not
disposed to go farther in the discussion. The time
was past when he would be apt to feel much en-
thusiasm about any thing; but.he confessed the
contemplation of this proposition, in all its bear-
ings shocked him.
Mr. HICKS expressed a hope that he should be
excused for entering the arena with the learned
gentleman of the bar, who had taken part in this
debate; but the discussion appeared to him to
have been one-sided. He. could not imagine any
time more proper than this, when we are ap-
proaching the entrance to a new Government, to
entertain such a proposition. The Judiciary
system is to be thoroughly changed; the orphan's
court, as he understood, was intended to be abol-
ished; and the duties of the register of wills to be
enlarged. A new state of things was just open-
ing upon us. When, he asked, could there be a
more propitious time for the codification of our

laws, for he had no doubt that the people would
be ready to carry out the proposition! He made
a reference to the digest of the laws published
some years since, and what it had cost the State,
and stated that it had been of very little service
in shedding light on the laws of the State, or
facilitating the progress of business in our
courts. It was not to be supposed that a codifica-
tion of our laws could be effected in a moment.
It would require much time and much industry
to complete it. He had no doubt that others of
our intelligent citizens besides lawyers would be
employed in the work. But there would be no
deficiency of able lawyers who would be always
ready to give their aid. And then there is the
library here from which much assistance may be
obtained; and this facility, with the aid of the
lawyers, would, he thought, enable any intelli-
gent citizens to perfect a codification. While
they are engaged in concocting, and putting the
laws together, we ought to provide for the sim-
plification of those now and hereafter enacted;
and this would be a step towards codification.
Though it may be done gradually, it will be done
cheaply and yet efficiently.
Mr. PIIESSTMAN said he had not supposed when
the proposition was submitted by the gentleman
from Caroline, that it would meet much, if any
favor from the Convention. It had, however,
assumed more importance in his estimation, since
the discussion, in which the gentleman who had
offered it and others, have unfolded their views,
and the objects they design to accomplish.
He would call the attention of the gentleman
from Fredeiick, (Mr. Thomas,) to the necessary
construction which the courts would be obliged
to give to this article, whereby either all laws
kindred in their character, would be repealed
which were omitted by the negligence of the
draughtsman of an Act of Assembly, or not being
so repealed, the article if adopted would not
reach or carry out in any degree the object of
the several gentlemen who have advocated it.
If the first result would follow, (and he thought
such would be the case in legal contemplation,)
he was unwilling to subject the whole legislation
of the State to the inexperience and want of gen-
eral information in matters of law, which must
necessarily exist in the body constituted as was
the General Assembly,
He meant, certainly, no disrespect to a large
class of individuals who were not members of
the legal profession, when he said they would not
he prepared to offer laws if the effect would be
to interfere with prior legislation to an indefinite
extent, as would be the case if the amendment
now pending prevailed. What, sir, will you
thereby virtually deprive the mechanic, the far-
mer, on the floor of the General Assembly of
Maryland, from offering any act without consult-
ing the innumerable volumes of laws to see to
what extent they are to be embraced in an act
or by omission repealed? He admired the senti-
ment of the gentleman from Frederick, (Mr.
Thomas,) when he said that he would not com-
pliment any one at the expense of what he be-
lieved to be true, and that his purpose was to ar-
rest the practice of unskilful persons from pre-