courts for the whole State, and this bill proposes
six for the city of Baltimore alone. We have
to go one hundred miles to get an injunction
from a judge, and if we desire to obtain a ha-
beas corpus for a man who is imprisoned, we
would have to go that distance. You allow us
but seven judges for the whole State, and now
you generously come forward and ask six for the
city of Baltimore. If the want of liberality is
to be cast at any door, it is at the door of the
gentleman from Baltimore city, who, I believe.
supported in this body this very proposition
which gave seven judges for the whole State.
I merely desire to observe that if the gentle-
men prefers to take one court of common pleas,
separate from the equity jurisdiction, and to
have chancellor separate altogether, then I have
no objection to that; and I will move to strike
out section eleven or twelve, which would abol-
ish one of these courts, and the gentleman, can
have it arranged in that way. But never can I
consent to arrange it so that Baltimore city shall
have two courts and one chancellor, when I be-
lieve, upon the basis adopted for other judges,
that the business of the city can be disposed of
by these two courts, combined with ft superior
court with equity jurisdiction.
The gentleman says that there are an average
of two hundred and twenty-four decrees passed
by Baltimore County Court. What are these
decrees? Many of them are mere orders passed,
Which do not take the judges perhaps over five
minutes. The bill is written by the counsel,
the judge examines the papers and puts his
name to them. It does not take the judge as
long to decide as it does for him to read the pa-
pers. I hope the section will be stricken out,
and withdraw my amendment.
Mr. STEWART, of Baltimore city. I move to
strike out the word "chancellor." I am very
far from imputing any want of personal liberality
to any of the members of this Convention,
with regard to the claims of Baltimore, either
in relation to representation or any other ques-
tion. They are acting no doubt in deference to
the supposed wishes of their constituents. But
I regard this matter of the judicial system as so
Vital a question in view of the future action of
the constituency which in part I have the honor
to represent, that I cannot fail to make some
observation and comment upon the remarks of
my friend from St. Mary's (Mr. Morgan.) With
regard to any other portion of my action here,
in which it has been my misfortune to dissent
from some of my colleagues, I have no difficulty
in meeting my constituency. When the day of
accountability comes, I am not at all apprehen-
sive of receiving a certificate, such as I desire,
from the hands of those whom it is my ambition
and highest honor to serve. In regard to this
matter I know the great wants of the people of
Baltimore. Indeed, as was said by my friend
from Baltimore county, I am free to state that
but for the desire of Baltimore city to have some
change in the existing judiciary establishment,
there would have been comparatively but little
feeling about this Convention. This was not |
confined to the city of Baltimore, because I
avail myself of the authority of my friends from
every county, who have said that all over the
State there was a pervading desire of change
with reference to this system, as there is nothing
which comes so near to the homes of every man
in the community, be he high or humble.
I beg to say that, if your system, as it now
exists, or as is contemplated to be continued, by
my friend from St. Mary's, in the substitute suggested
by him, be made, it will be a denial of jus-
tice to the citizens of Baltimore. They have not
the means, they have not the opportunities, with
all the dispatch and ability of their judges, to
discharge the public duties confided to them the
gentleman has spoken of six courts. There are
not that number contemplated in this bill. The
orphans' court passed away with the proposition
of the gentleman from Washington county, (Mr.
Michael Newcomer.) There are therefore only
five courts, and I ask my friend to bear in mind
that these five courts are made up of the very
number of judges now in Baltimore city, whose
duties and powers are very differently distributed
by this bill. It is not an increase of judges. It
proposes hereafter to establish a separate organization
for what has hitherto been the concentra-
ted jurisdiction of one particular court, so that
the business may have a better dispatch, and
justice be duty administered.
Now, With regard to the Court of Common
Pleas, what do we propose to give that court?
My friend will be surprised when I tell him that
the appellate jurisdiction from the judgments of
magistrates alone covers nearly one thousand
cases per annum. It is an important jurisdiction,
a jurisdiction to the amount of one hundred
dollars, in which the middle class of the commu-
nity are greatly interested; and when you add
to the discharge of duly by him as judge of the
court of common pleas, and judge of the origi-
nal jurisdiction, why he has as much as any
judge can do who would take due time to deliberate
properly in regard to important matters sub-
mitted to him for judgment.
With regard to the other court, that would
cover larger policies of instruments, where larger
amounts are involved, and insolvent cases. Why,
they would occupy the whole time of the judges
of the superior court. This, too, is a new decla-
ration of judicial duties.
When we come to the Equity Court, will my
friend for a single moment say, where matters in
equity for large amounts will arise, that for the
great city of Baltimore, of which he has so kindly
spoken, one judge will be too much to attend to
that business? Our friends are disposed to say
that, if we pass an equity jurisdiction for the city
of Baltimore, growing necessarily out of the re-
peal of the high Court of Chancery, the extent of
the jurisdiction is too much to confide to one per-
son. We only ask that upon your organic law
you will distribute the powers of the Baltimore
County Court, to as great an extent among two
functionaries, to have the title impressed upon
them in the bill. |
