it was this: When he looked around him and
saw the different States in the Union, having a
population and territory larger than that of
Maryland, and not paying their judges of the
Court of Appeals as much as in this State, he
thought we ought not to increase their salaries,
but should rather diminish them. Taking those
views of the matter, he had come to the con-
clusion that $2,000 was an adequate compensa-
tion, and believing so, he would vote accord-
ingly.
Mr. SPENCER made a few remarks, to show
that the amount allowed in the bill was enough,
as compared with other States.
Mr. BRENT, of Baltimore city, was not at all
alarmed at the calculations made in respect to
the economy of other States as regarded their
judiciary. Look at the facts, and just come to
Baltimore city, and he would tell this Conven-
tion, that they could not get any man in Balti-
more, who had a fair or decent practice at the
bar, who would consent to serve as a Judge on
the bench of the Court of Appeals for twenty-
five hundred dollars salary. They might get
gentlemen from counties, where living is com-
atively cheap—where they could get their wood
for almost nothing, and raise many of the neces-
saries of life at their own residences. Now, he
)Mr. B.) would make a calculation, and give
some facts and data. He would put a case
of house-keeping in Baltimore to gentlemen.
He (Mr, B.) had a very moderate sized house,
at a rental of $500 a year, and he called that
a very cheap rent for a man residing in the
heart of the city who had a family. Groceries
he put at $250—and he would be glad to pay no
more than that. Store accounts, $500—and he
would be pleased to come off as low as; that.
Education of children, per annum, say $300—
[a laugh]—well, he spoke of a man who had a
family, and believed that men of the legal pro-
fession, generally, had families and pretty large
ones. To this, add for marketing at least $400;
fuel, $300, and you have a sum total of $2,250,
to say nothing of extras. Now, one Judge in
this Court of Appeals, Judge Chambers, had
said that he had paid out during one session of
the Court of Appeals $300 fur board, when at-
tending Court—the same expense will attend
the new court of appeals, and if added to the
judge's expenses at home, would make $2,550,
more in fact than his salary. Now, he would
repeat, looking at all those expenses, no gen-
tleman in Baltimore, with any practice at the
bar, having a family, could afiord to accept a
judgeship at so low a salary as was proposed to
give him. He did not know how the arrange-
ment would operate in Queen Anne's county, or
in any county, but he (Mr. B.) would say that
so far as Baltimore city was concerned, men
only of very mediocre talents could be induced
to accept a seat on the bench, and thus our ju-
diciary will actually depreciate. By the old
constitution, the judges in Baltimore receive
nearly $5,000 in fees and salary, more than sufficient
to secure the highest talent.
Mr. BISER demanded the yeas and nays,
•which were ordered. |
Mr. HICKS said he did know how it struct
other gentlemen's minds here, but he thought
the Convention was engaged in a matter of very
great importance to the people of Maryland.
Now, he had no doubt, it might be supposed
among many members of the body, inferring
from what he had heretofore said concerning
legal gentlemen) that he was prejudiced against
that class of men. Such, however, was really
not the fact; he felt not the slightest prejudice
or ill-feeling towards them. On the contrary,
he had the highest regard for them in their
proper sphere. This was a subject of the deep-
est interest to the State, and his desire was to
see established in Maryland an independent,
pure, high-minded and able judiciary. And to
obtain this, he was in favor of giving even a
higher salary, if necessary, than $2,500, because
he thought the probability of getting first-rate
men, upon whom we could rely with the most
undoubted confidence, would be the greater.
He thought the people were willing to pay them
liberally, because they knew that by doing so,
they were promoting and protecting their own
interests.
Mr. BISER demanded the yeas and nays, which
were ordered, and being taken, resulted as follows:
Affirmative.—Messrs. Dalrymple, Bell, Sher-
wood, of Talbot, Colston, John Dennis, Miller,
Dirickson, McMaster, Fooks, Jacobs, Shriver,
Gaither, Biser, Sappington, Stephenson, Nel-
son, Stewart, of Caroline, Hardcastle, Sher-
wood, of Balt. city, Fiery, John Newcomer,
Harbine, Slicer, Fitzpatrick, Smith, Parke and
Shower—28.
Negative—Messrs. Ricaud, President pro tem,
Morgan, Lee, Chambers, of Kent, Mitchell,
Kent, Sellman, Weems, Sollers, Brent, of
Charles, Howard, Buchanan, Welch, Ridgely,
Crisfield, Dashiell, Hicks, Hodson, Goldsbo-
rough, Eccleston, Phelps, Bowie, Tuck, Sprigg,
Bowling, Spencer, Grason, George, Wright,
Annan, McHenry, Gwinn, Stewart, of Bait.
city, Brent, of Bait. city, Schley, Neill, Davis,
Anderson, Weber, Hollyday and Brown—41.
So the Convention refused to strike out.
The question then recurred upon the amend-
ment offered by Mr. Brent, of Balt. city, to
strike out "two thousand five hundred," and in-
sert "three thousand."
Mr. BRENT, of Balt. city, observed that he
thought the Judges ought to be allowed the
highest salaries to secure the best talents in the
State, especially as their number was reduced.
Gentlemen seemed to be under the impression
that there was no difference between the ex-
penses of residing in the city of Baltimore and
the country. As to that, there could be no doubt
that a city Judge was necessarily put to more
expense than one whose duties were discharged
in the country.
Mr, BOWIE said, a judge elected for the city
of Baltimore might, in order to live cheap, if
he pleased, reside in the county. The Consti-
tution required that at the time of his election,
the judge should be a resident of the district;
but it did not require him to be a resident of it |
