and jurisdictions in all respects as are conferred
by this section on the judges directed to be appointed;
and the Legislature may establish with
in the city of Baltimore, a court of limited criminal
jurisdiction for the trial of offences not punished
capitally, which may be committed in the
did city, define its powers and prescribe the
number, tenure, mode of appointment, and com-
pensation of the judges thereof, which shall be
paid by the city of Baltimore."
Mr. CRISFIELD. I make this motion rather to
invite the attention of the gentleman from Balti-
more city than to press it myself. It is the 7th
section of my report. The system which has
been devised, and which is now under considera-
tion, is to parcel out the jurisdiction of Baltimore
city between several independent courts. I voted
against the motion which has just prevailed,
believing that that city will not have an adequate
apply of judicial labor. It is quite possible that
the motion lo reconsider, of which we have had
notice, may not prevail. I therefore invite the
attention of the gentleman from Baltimore, to
this amendment. It provides for the city of Bal-
timore four judges; and it provides that the Legislature
shall have power to increase the number
of judges. It proposes to establish but one court
in that city, to which shall he given the entire
jurisdiction within the city. While I propose a
single jurisdiction, with four judges who may sit
separately or together, the proposition of the
Committee creates several independent jurisdic-
tions, each having peculiar and distinct powers,
and between which there must necessarily be a
conflict of jurisdiction. Suitors will bring their
suits in the wrong court. If you give to these
various tribunals a concurrent jurisdiction, than
whatever court happens to be popular will be
crowded with business. I therefore prefer that
the jurisdiction should be given to one tribunal,
holding, in fact, four courts, as the Baltimore
county courts are now held; thus having the
power to multiply the courts according to the
wants of judicial law in the city. Thus you will
avoid all conflicts of jurisdiction. You will have
the means of increasing the number of judges
whenever the condition of the business in 'that
city shall demand an increase, and the wants of
the city will be amply gratified, or at least more
so than under the scheme proposed by the com-
mittee and now under consideration. If the
members from Baltimore choose to take up this
plan and press it, I shall he very happy to aid
them; but if they object to it, I will withdraw it.
Mr. BRENT, of Baltimore. I move to post-
pone, with a view of making some remarks.
The gentleman from Somerset is not aware of
the difficulties which exist in the city of Balti-
more. If it depends upon the judges whether
to separate themselves or not, those who desire
the dispatch of the business by their separation
will rarely be gratified. So attractive and ex-
citing are the jury trials, that although under
the present law it is in the power of the judges
to separate themselves, the power is of little
value, and we generally have two judges on the
jury trials. |
Mr. CRISFIELD. Will the gentleman allow
me to interrupt him one moment. We are
about to elect the judges by the people, and this
will be a strong incentive to integrity upon the
part of the judges.
Mr. BRENT. I recollect that perfectly; but I
like in a Constitution to prescribe to judges their
duty, even if they are elected by the people. I
want them to take an oath; and I will not trust
them without it. They are human beings even
if they are elected by the people, although they
have first rate endorsement. It would be hard to
get judges to separate themselves to go into
chancery. The only way is to have something
imperative and mandatory. We require at least
three judges for the dispatch of the civil busi-
ness of Baltimore city. Make it obligatory upon
them to hold separate courts, and the object is
accomplished. I do not care what name is given
to the judge. It is the discretion whether or not
to separate, to which I object, because I have
seen the practical working of it. It will not add
to the convenience of suitors in chancery.
Mr. CRISFIELD. I do not intend to press the
amendment. I merely offered it to call atten-
tion to it.
Mr. STEWART, of Baltimore. I move to post-
pone for the purpose of making a few remarks.
I begin, sir, by saying, as I do most cordially,
that however much I and my colleagues may
differ in opinion from the plan proposed by the
gentleman from Somerset, I thank him for his
kind expressions towards us and towards our
city. His words have fallen upon very grateful
ears. My friend's plan does not look at all to
any diminution in the number of judges. I
would beg leave to say to him that we of Balti-
more are speaking from their experience under
the old system, which is precisely the same in
important particulars with that which he has
proposed. There is not a man in Baltimore
who does not complain of the composite juris-
diction of the Baltimore county court, relying
for its distribution of powers rather upon the vol-
untary assignment of the judges than upon any
established principle. If it were truly said by
Chancellor Kent, (as stated by my friend from
Queen Anne's,) that he had to learn for some
time in the court of equity before he could
mould and discipline his mind to the forms and
proceedings of that court, might it not be equally
the case with our chancellor? He becomes fa-
miliar, by study and concentration upon this par-
ticular branch, at the end of ten years. When
he has become familiar with the whole subject,
he is again thrown before the people for re-elec-
tion, ripe with this peculiar learning. He has
a practice entirely distinct from the fields to be
explored in common-law. The simple question
is whether the judges can better discharge their
duties separately from term to term, or chang-
ing from one to the other court as their col-
leagues assign the duties to them. What would
the criminal judge in the Baltimore city court,
who was only familiar with the records of crime,
know of chancery jurisprudence? What would
he know of common law jurisprudence? My
friend will at once see that there would be con- |
