law jurisdiction, offered by his friend from Baltimore
city yesterday. The proposition which
he had drawn up was in these words, and he
(Mr. M.) now gave notice that he would offer
it if the Convention reconsidered the 10th, 11th
and 12th sections.
The city of Baltimore shall constitute the
be established one court, to be termed Baltimore
City Court, which shall have and exercise
within said city all the civil jurisdiction and au-
thorities now vested in Baltimore County Court;
and one other court, to be termed the Criminal
Court, for Baltimore city) which shall have and
exercise within said city all jurisdiction and au-
thorities now vested in Baltimore City Court.
Two Judges shall be appointed for Baltimore
City Court, one of whom shall be styled Chief
Judge of Baltimore City Court, and the others
shall be styled Associate Judges of Baltimore
City Court. One Judge shall be appointed for
the Criminal Court of Baltimore city; and in
else of his absence, sickness, or other temporary
disability, to preside in said court as the Chief
Judge of Baltimore City Court shall depute;
one of his associates to preside in the Criminal
Court and dispatch the business thereof.
For the return of process and hearing of
causes in equity, Baltimore City Court shall
have and hold six regular terms in the year, to
wit: on the first Tuesdays of January, March,
May, July, September, and November. Balti-
more City Court, from time to time, shall assign
one of the Judges thereof to hold said equity
terms and to exercise the equity jurisdiction of
said court, and said court and the said Judge,
during the term of his assignment, shall have
and exercise all the jurisdictions and authorities
which are now vested in the Court of Chancery
and the Chancellor respectively, as well in
causes in equity properly arising in said court,
or in proceedings in lunacy, and during the sit-
tings of said equity court and his necessary en-
gagements in the dispatch of equity causes, the
said Judge shall be relieved from the duty of
attendance on the common law side of said
court. But Baltimore City Court shall have
power to provide by rule for issuing of injunctions
and other remedial processes and processes
of execution which now require the special
order of the Judge for issuing thereof, in case
of the temporary absence, sickness, or inability
to act, of the Judge assigned, to dispatch the
business of the court; and said court shall also
have power to provide for the hearing and
dispatch of causes in equity wherein the Judge
assigned for dispatch of the equity business of
the court may have an interest or may have
been counsel, and for this cause may decline
to act, and said court shall have power also to
provide by rule for the adjustment of the ac-
counts of trustees and general administration
and distribution of the estates of insolvent
debtors by the Judge assigned in equity as afore-
said. For the dispatch of the common law and
statutory jurisdiction other than equity jurisdic-
tion of Baltimore City Court, said court shall
hold four terms annually, to wit; on the first |
Mondays in March, June, September, and De-
cember; and the Criminal Courts shall hold six
terms in the year, to wit: on the first Mondays
in January, March, May, July, September, and
November. The chief Judge of Baltimore City
Court shall have a salary of—— dollars; the
associate Judges of said Court and the Judge of
the Criminal Court shall have each a salary of
—— dollars.
This, sir, is the plan I shall offer, and I will
further say—
Mr. BRENT, of Baltimore city, asked if that
was not based upon the retaining the Chancery
Court?
Mr. MORGAN replied that he did not say that
the gentleman to whom he referred entertained
the idea that this projet would be sufficient
without the Chancery Court was retained. He
stated candidly that this system of two Judges
would not be acceptable to that gentleman with
out that court.
Mr. BRENT, of Baltimore city. Is that pro-
ject predicated upon the appointment of a Chancellor?
Mr. MORGAN. Yes, sir; it details that jurisdiction
to one of the Judges of the court,
Mr. GWINN. How many Judges in all?
Mr. MORGAN explained that there were three
judges in all, with the criminal judge already
given, one of them to dispatch equity business.
The bill then provided in the 11th section for a
police court in Baltimore, and also for an or-
phans' court. That was the system which was
provided for here. Now, this amendment was
drawn up on the supposition that the judges
should do their duty—should work. He would
apply these remarks to the motion under con-
sideration, and they would come in very appropriately.
Where, he would ask, was the ne-
cessity of our abolishing the chancery court
here, if by doing so, we had to give an additional
judge? The gentleman from Baltimore city ac-
knowledged that he could sit in his office, and
yet do business at Annapolis. Now, that would
be very convenient for him. Why, then, does
he desire the removal of the chancery court to
Baltimore, except it be for the purpose of giving
Baltimore an additional judge?
He would remark, there was a great deal said
against the chancery court that was needless
and uncalled for. Now, it did not cost the State
one cent. By reference to the treasury report,
it would he seen that the receipts from that
court paid into the treasury were upwards of
two thousand dollars.
Well, what did most of those receipts consist
of? Why, of cases in which decrees were made,
and the assets were to go into the hands of the
trustees, as also taxes upon original writs. If
you abolished the court, you would abolish
many also of those eases that would be tried there ,
and no where else, and from which was derived
some two thousand dollars a year. What was
there in addition to this. The chancellor now
discharged the duties of judge of the land office
of the State of Maryland. Then, if you abolished |
