courts, the wants of the people would be provi-
ded. and their wishes would be consulted.
Mr. GWINN demanded the yeas and nays,
which being ordered and taken, resulted as fol-
lows:
Affirmative— Messrs. Welch, Colston, Miller,
Spencer, Stewart of Caroline, Gwinn, Stewart
of Baltimore city, Brent of Baltimore city, Sher-
wood of Baltimore city, Ware, Anderson, Parke
and Shower—13.
Negative— Messrs. Ricaud. President pro tem,
Morgan, Lee, Chambers of Kent, Mitchell, Don-
aldson, Wells, Kent, Weems, Dalrymple, Sol-
lers, Merrick, Jenifer, Howard, Buchanan, Bell,
Ridgely, Sherwood of Talbot, John Dennis, Cris-
field, Dashiell, Hicks, Hodson, Goldsborough,
Eccleston, Phelps, McCullough, Bowie, Tuck,
Sprigg, Bowling, George. Wright, Dirickson,
McMaster, Hearn, Fooks, Jacobs, Thomas, Shriver,
Johnson, Gaither, Biser, Annan, Sappington,
Stephenson, Nelson, Hardcastle, Schley, Fiery,
Neill, Harbine, Kilgour, Weber, Hollyday, Sli-
cer, Fitzpatrick, Smith and Brown—59.
So the amendment was rejected.
Mr, JENIFER gave notice that at a proper time
he should offer the following as a substitute for
the report of the Committee on the Judiciary,
which he desired should be printed.
Mr. J. said it was proper that he should make
come explanation why he intended to pursue that
course. He had been confined to his room for the
last two weeks by the prevailing influenza, which,
with the inclement weather, had prevented his
being in the Convention during the discussion of
the Judiciary report, which had been under con-
sideration the last ten days. It was a question in
which his constituents, in common with the citi-
zens of the whole State, took a deep interest, and
he regretted not to have it in his power at last to
give his vote upon all questions relating to this
subject.
Mr. J. paid he now presented this plan for the
purpose of expressing, as far as it went, his views
upon the Judiciary. The report of the committee
had gone through many changes since it came
before the Convention, and from present indica-
tions, others will not be made; and the bill, as it
now stands, does not appear to be acceptable even
to the committee which reported it.
Mr. J. said, he should not of, his own accord
have proposed any judiciary system whatever,
(not being learned in the laws or having ever
practiced at the Bar,) but for the advice of gentlemen
whose legal acquirements would not be
disparaged by a comparison with the able and ex-
perienced jurists of this body—men now at the
Bar, and others having retired from it. The sys-
tem) therefore, which ho proposed was not so
much his own, as a compilation from the several
plans suggested by those gentlemen, and the re-
ports from members of the Convention.
Mr. J. said he would briefly state the general
principles of the plan he submitted. It proposed
that there should be a Court of Appeals, possessed
of all the powers, authorities and jurisdiction of
the existing Court of Appeals, with such addi-
tional powers, authority and jurisdiction as may
be conferred by the Constitution and laws made |
pursuant thereto, and its Judgments shall be final
in all cases whatever.
The Court of Appeals shall consist of four
judges, learned in the law, three of whom shall
constitute a quorum.
The judges of the Court of Appeals shall be
appainted by the Governor, with the advice and
consent of the Senate; be thirty years of age, and
go out at sixty-five. The salary of each judge
shall be fixed, and not' diminished during his continuance
in office.
For the County Courts, the State to be laid off
into eight judicial districts, with one judge to
each inferior judicial district, to be elected by the
electors of each judicial district, whose duties
shall be the same as now exercised by the common
law county courts, and such other duties as may
hereafter be prescribed by law, made pursuant to
this Constitution. Not eligible unless thirty years
of age. Term of service ten years, or until the
incumbent arrives at the age of sixty-five. To be
elected by the electors of the inferior judicial district.
Salary $2,000 per annum, not to be dimin-
ished during continuance in office.
The judges for the city of Baltimore to be
appointed, with duties, responsibilities, salaries.
Terms of service, &c., as defined in the 13, 14,
15, 16, 17, 18 and 19th sections of the bill pro-
posed, which are similar to those reported by the
judiciary committee.
A Chancellor to be appointed for each inferi-
or Judicial District, whose term of office, quali-
fication and salary to be the same as herein
provided for the Judge of the inferior Judicial
District, and removable like the judges, for in-
compentency, willful neglect of duty, misde-
meanor in office, and such other cases as may
be presented by law, by presentment of a Grand
Jury, or by the Governor, upon address of the
General Assembly, two-thirds of the members
of each house concurring in said address.
The Chancellor to exercise the equity juris-
diction now exercised by the county courts, sit-
ting as courts of equity, &c.
The Chancellor shall be Judge of the Or-
phans' Court in each of the counties in his judicial
district, and be vested with all the powers
now vested in the Orphans' Courts of the several
counties of the State. He shall have jurisdiction
in all applications for the benefit of the Insol-
vent Laws within his district, &c. The clerks
of the several county courts, and registers of
wills, shall be elected by the electors of the
county, for a term of six years.
Mr. J. said this was a synopsis of the plan
proposed, leaving all details necessary to per-
fect it to be done by the Legislature at its first
session after the ratification of this Consti-
tution. He thought it best to leave all details
of this, as any other system, to the wisdom of
the Legislature, and not to burden the Consti-
tution with unnecessary provisions, many of
which might require, upon due consideration,
alterations and amendments, when too late.
Mr. J. said he had proposed to leave the -
present High Court of Chancery untouched,
at least until the year 1860, when a new census
will have been made, and the question submit- |
