after that period. One day was, sufficient pre-
ceding his election; and after that, he could re-
move into the county if he thought proper to
do so. He knew that the Constitution required
that he should be a resident of the district, but
it did not require him to live there all the time.
If a judge desired to be re-elected, all he had
to do was to remove back into the city a few
days before his first term of office ran out and
he would be constitutionally re-eligible.
Mr. BRENT of Baltimore city, replied that the
Constitution required that ajudge should reside
in the district at the time he was elected, and
he (Mr. B.) conceived that it would be a fraud
upon that instrument, for the judge to remove
out of the district afterwards. According to
the spirit of the article he was expected to re-
side in the district where he discharged his ju-
dicial functions. Now, was it reasonable to ex-
pect that a gentleman who had resided in the
city for years, because elevated to the bench,
should be compelled, on account of the small-
ness of his salary, to reside in the county, where
he could live cheap? Was he to abandon his
social ties and personal friends and acquaint-
ances? It could not be expected. He would
say that no man, having a large family to sup-
port, could live in a respectable manner in the
city of Baltimore on $2,500 a year. Our city
and county judges, at present, receive, the Lord.
knew n"t how much. They had an indefinite
rent roll. They received a tax on every writ
that was issued, a per centage on all moneys
paid into court, and they also received in other
ways, fees and perquisites. He understood that
in a report made by a committee of this Con-
vention, it wa.s stated, as a calculation, that each
judge received no less a sum than $3,000 per
annum, in the shape of extras. Now, as we
reduce the number of judges cannot we afford
to be more liberal and pay the judges well. He
would rather live—where he used to live—in
Hagerstown, upon $1,200 a year, than $2,000 in
Baltimore. Now, could they get a gentleman
of great professional standing, who had a prac-
tice of seven or $8,000, or even $2,500 a year,
to accept a judgeship on the bench of the Court
of Appeals for a sum of $3,000, much less $2,500?
No. Not unless he was a nabob, or a Croesus,
or perhaps a man ready to go on it for any thing
at all. It was for those reasons he had moved
to strike, out $2,500 and insert $3,000.
Mr. BUCHANAN observed that the gentleman
from Baltimore city (Mr. Brent) seemed to think
that a gentleman in the country could live on
the air.
Mr. BRENT of Baltimore city, replied that he
did not suppose that a gentleman in the country
could live on the air, but he certainly could live
at a much less expense than in the city.
Mr. BUCHANAN had some knowledge of the
expense of living in Baltimore city. He was
at more expense now, residing in the county,
than he had ever been in his life when sojourn-
ing in the city. Now, if gentlemen residing in
the city, supposed that a man of family and re-
spectability could live so much cheaper in the
country than in the city, he (Mr, B.) begged |
leave to say that it was aft entire mistake. You
were compelled to keep more servants than in
the city, besides carriage and horse, or horses,
&c., all of which had to be added to the ex-
pense. Now, the Convention would perceive
that his friend (Mr. Brent) did not put down
these items of expenditure in the estimate he
has given us. If gentlemen went into the
country to reside, on the score of economy, they
would find themselves mistaken. He (Mr. B.)
could not tell how far the gentleman had been
saved expense in the antecedent period of his
life in the country. His (Mr. B's) experience
was, that it was more expensive in the country
than it was to live in the city. But he (Mr. B.)
had risen for the purpose of saying that he did
not concur with the gentleman in his legal con-
struction of this article. It seemed to him that
the gentleman who drew it was correct. The
construction was, that the party should live in
Baltimore at the time of the election. Now, if
it was intended that he should reside in that
district the whole term of his service, it would
have been specified in the article itself.
Mr. BRENT, I only said it was the spirit of
the article.
Mr. GRASON observed, that a salary of $3,500
would not be sufficient to induce a competent
lawyer to relinquish his practice for a seat on
the bench, it had been found that the present
salaries of the judges in that city were inade-
quate, and the deficiency had been supplied by
allowing them fees and commissions. But the
gentleman from Prince George's, (Mr. Bowie,)
and others, had said that a judge could remove
from the city as soon as he was elected and re-
the to some cheaper residence in the country.
The Constitution required the judge to be a
resident of the district in which he was elected,
and the spirit of the provision required that he
should continue a resident while in office. Be-
sides, if a judge removed from the city of Balti-
more, he would necessarily lose his residence,
and become incapable of re-election. But the
principal reason for allowing a higher salary to
the judges in Baltimore is this,—that no promi-
nent member of the bar in that city would be
willing to accept the office of judge with a
salary so much below the amount of his profes-
sional income.
Mr. CRISFIELD said that he was willing that
liberal salaries should be given to the judges.
As the length of their term was diminished, he
would be disposed to give them an increased
salary; and for this reason, that under the tenure
of good behaviour, the judges did not expect to
return, as they will do now, to the practice of
their profession. Now it was proposed by this
Convention to give the office for ten years, and
every judge will expect, at the end of his term
to return to the bar. To procure, therefore, the
talents, learning, and legal means necessary to
discharge the high duties of a judge with ad-
vantage to the public, additional salaries must
be given, or it cannot be expected that suitable
men will leave profitable practice to go upon
the bench. He would go for liberal salaries to
the judges from the country districts, and espe- |
