tions, according to the present rules of equity,
subject to the approval of the chancellor.
The statistics which I have exhibited I think
sustain me in the position I have taken, in the
plan which I have recommended, and I now
leave the subject with the Convention.
Mr. BOWIE moved, as a substitute for the 9th
section, the following:
"Section 9. There shall be a county court in
each county of the state, and for this purpose
the state shall, be divided into thirteen inferior
judicial, circuits, of which Allegany county shall
be the first, Washington county the second,
Frederick county the third, Baltimore county
the fourth, Prince George's county the fifth,
Carroll and Harford counties the sixth, Mont-
gomery and Howard counties the seventh, Cal-
vert and Anne Arundel counties the eighth,
Charles and St. Mary's counties the ninth, Cecil
and Kent counties the tenth, Queen Anne's and
Caroline counties the eleventh, Dorchester and
Talbot counties the twelfth, and Worcester and
Somerset the thirteenth; and one person from
among those learned in the law, having been
admitted to practice the law in this state, and
who shall; have been a citizen of this state at
least five years, and above the age of thirty
years, at the time of his election, and a resident
of the said judicial circuit, shall be elected from
each of said: circuits, by a plurality vote of the
legal and qualified voters therein, as a judge in
and for the said judicial circuit, who shall hold
his office for the term of ten years from the time
of his election, or until he shall have attained
the age of seventy years, whichever may first
happen, and be re-eligible thereto, until he shall
have attained the age of seventy years, and not
after, subject to removal for incompetency, will-
ful neglect of duty, misbehaviour in office, by
presentment of a grand jury and conviction of a
petit jury of the county in which he may reside,
or by the governor, upon the address of the
general assembly, two-thirds of the members of
each house concurring in such address. The
salaries of the judges of the said judicial cir-
cuits shall be two thousand dollars annually to
each, and shall not be increased or diminished
during their continuance in office. They shall
reside respectively in the district from which
they were elected, and shall hold, in each and
every year, at such times and places as may be
prescribed by law, and allend at the court house
of each county in said district, as often as the
legislature may prescribe for the transaction
and dispatch of judicial business."
Mr. PARKE said that he should be very glad
to favor this plan, but he could not do so, because
Harford and Carroll counties were united to-
gether in one district, though not contiguous,
Baltimore county coming between. Besides, he
considered Carroll as much entitled to be a full
district as Allegany.
Mr. BOWIE said he had a proposition in his
pocket, which would give Harford a full dis-
trict, (laughter,) and would most cheerfully advocate
it, if it were practicable.
Mr. SPENCER obtained the floor, and proceed- |
ed with his remarks, published above in connec-
tion.
Mr. BOWIE. I am exceedingly anxious to
progress with this bill, and would not say a
word but for what has been said upon the other
aide. I consider the proposition of the gentle-
man. from Somerset, which I understand the
gentleman from Queen Anne's (Mr. Spencer)
to advocate, or at least a plan very much like
it, brings up the question of judicial districts or
circuits, but also involves other matters which
have no sort of connection with the matter un-
der consideration. The most important thing
for us to do now, and a matter upon which I
dare say there is more difference of opinion
than upon any other, is to divide the State into
judicial districts. It is well known that a ma-
jority of the committee favored the idea of a
judge to each county. The great doctrine of
the bill of rights is to bring home to every man's
door the administration of justice in a cheap
and speedy mode. Upon consultation with mem-
bers of this Convention, I am satisfied that that
plan will fail; not because it is not approved of
and considered the best, but because it is con-
sidered too expensive, I have no doubt that, if
we cannot now incorporate upon this Constitu-
tion such a system, the time will come when
the people of the State will demand by the pop-
ular voice that each county shall have its own
judge. I am willing to stop short of it, and to
compromise the matter. Instead of twenty-one
judges, I now propose to cut it down to thirteen
judges, by which we save $16,000 at once. The
objection to having too many counties in one
district is obviated. The objection on the score
of expense is obviated. Our first business is to
vote upon the division of the State. When that
is decided, and when we take up the eleventh
and twelfth sections, we may define their powers
and give them such jurisdiction as we think they
ought to have, and withhold from them such as
we think they ought not to have. Let these
questions be kept separate and distinct. This
idea of crowding into a section of the Constitu-
tion all sorts of powers is not only improper, but
exceedingly dangerous. I hope the Convention
will come to a vote upon the simple question
contained in the ninth section,
Mr. THOMAS felt some difficulty in voting
upon this question; and if other gentlemen feel
a similar difficulty, the proposition he had to
submit may be acquiesced in. There is this
difficulty, that the Convention cannot foresee
what will be the decision upon another question,
immediately bearing upon this; they cannot
anticipate whether the Convention will or will
not give to these County Courts the jurisdiction
that is now exercised by an Orphans' Court in
the several counties. With a view to test the
sense of the Convention, he would move that we
postpone for the prevent the consideration of
the ninth section, with the amendments, in order
to take up the tenth section, and to test the
sense of the House upon that section. If we are
to have separate courts exercising the powers
that an Orphans' Court now exercise, we may
make the circuits of the County Courts larger |
