than we otherwise should do. But if the ma-
jority of this House are determined to clothe
the County Court with all the powers and juris-
diction of the Orphans' Court, although he be-
lieved that the circuits, as proposed by the gen-
tleman from Somerset, are sufficiently small,
he must yield that opinion to the determination
of the majority of this body, and give ajudge to
each county in Maryland. The question before
us cannot be finally settled until we have ascer-
tained the determination of a majority of the
Convention touching the Orphans' Court. It is
well known that he had been in favor of main-
taining the Orphans' Court as a separate inde-
pendent tribunal. A majority may not concur
in that view. if he was overruled on that point,
be was prepared to make the judicial circuits
rather smaller than he should otherwise consent
to. He presumed other gentlemen are similarly
situated; and if so, they would co-operate with
him in postponing this question, in order to de-
cide whether we are to have Orphans' Courts
or not. With that view he now made the mo-
tion to postpone, for the time being, the further
consideration of the ninth section of the report,
and to take up the tenth section for considera-
tion.
Mr. HICKS. If it is in order, I wish to say
that I intended, at the proper time, to call atten-
tion to this difficulty. I am one of those who
are unwilling to have the Orphans' Court system
made elective by the people; and I am so
thoroughly satisfied that the abolition of the
present Orphans' Court system must operate
against the interests of the people, that I cannot
vote for the section with that proposition con-
tained in it. If the time of the convention were
not so precious, I should give a variety of
reasons for this opinion, in the first place, our
present Orphans' Court system is familiar to all
of us. We have, it is true, not a majority of
members learned in the law; but they are sound,
well-judging, discreet, practical men; and in
my county I think the system would certainly
equal any newly-organized one.
Mr. RIDGELY inquired whether Mr. H. was
in order.
The PRESIDENT. The Chair thinks not.
Mr. HICKS. I was about to indicate my
reasons for moving, at a proper time, as I in-
tended to do, to strike out from the bill reported
by the gentleman from Prince George's (Mr.
Bowie) that part which looks to giving to the
judges to be appointed, Orphans' Court jurisdic-
tion. Our Orphans' Courts, as now arranged,
are taken from that class of men who are emi-
nently practical. They understood as much
about the administration of testamentary law,
and a great deal more than many members of
the legal profession. In our county we have at
the head of that court a man of the most excel-
lent good sense, of long experience and great
integrity.
Mr. BUCHANAN called Mr. H. to order.
The PRESIDENT ruled that he was not in order.
Mr. HICKS yielded the floor.
The motion to postpone was agreed to.
Mr. THOMAS moved to amend the tenth sec- |
tion by striking out from the word "law" in the
5th line, these words;
"They shall also have exclusive jurisdiction
in all matters relating to last wills and testa-
ments, executors and administrators and guar-
dians, within their respective limits, and all
and every other power which the orphans'
courts of this State now have, or which may be
hereafter prescribed by law.
Upon offering the above amendment,
Mr. T. said: I make this motion in order to
test the sense of the house whether or not they
will abolish the Orphans' courts and clothe the
county courts with those powers. I presume
that every member of the Convention has form-
ed an opinion with regard to this, and is pre-
pared to vote upon It. I wish to say, however,
that I entertain a decided preference for the
Orphans' Court system. I would leave to the
people of the counties the right to elect whether
there should be one or three judges; and to de-
cide whether to elect judges to the Orphans'
Court without reference to their qualifications
as lawyers. The great majority of questions,
in my judgment, that come before the Orphans'
Court are of a character that can be decided
and disposed of better by intelligent business
men. mechanics, merchants or farmers, than by
lawyers themselves. They can settle the ac-
counts of executors, administrators and guard-
ians, better than lawyers, because they know
the value of the work and the labor done, the
material found, and all the items of the ac-
count.
Mr. HICKS. The idea just expressed by the
gentleman from Frederick (Mr. Thomas) is
precisely that which I intended to express; and
I only wish to add a remark or two. Some
gentlemen may be alarmed at the expense in-
curred in continuing this as an additional court.
I suppose that in Baltimore city and county this
may be a somewhat heavy tax, but it is a most
trifling tax upon the people of Dorchester Co.
I do not know anything in relation to this court
in other counties, or in relation to the character
of the judges, but with us it is composed of sen-
sible business men taken from the various parts
of the county. The consequence is that this
court, by some one or by all of its members, is
acquainted with most of the executors and ad-
ministrators who have business before it. They
know who of them are men to be relied upon,
and who would be disposed to make improper
charges. The families or wards of most of
these individuals are known to some one of the
court, and of course they can give their infor-
mation to the others. They understand the na-
ture of almost every tittle of business that comes
before them. My own impression is, and I
have had some little experience in this matter,
that the judges of that court, though not legal
men, are among the most discreet and judicious
men of the community. Legal men may be
better qualified for some things connected with
this court, but generally it is practical men and
not legal men that are required. The duties are
plain, which every common-sense man can un-
derstand, and I would prefer three judges elect- |
