and yet you propose to cut us down to only two
civil judges of law and equity. We cannot con-
template such a judiciary for Baltimore with any
other feeling but indignation.
Mr. BUCHANAN. I renew the motion. My
friend from Baltimore city properly takes into
consideration the subject of population when he
is discussing the matter of judicial arrangement
of the State. In my calculations I have done
the same, and from this and other elements which
I have taken into the calculation, I have shown
the gross injustice which is done to the district of
which Baltimore county is to form a part. I main-
tain that, upon his own showing a few days ago,
and upon his argument now, it is impossible to
arrive at any other conclusion than that the busi-
ness thrown upon the judge of the Baltimore
county district, is more than any one man can
satisfactorily perform.
The convention will remember that a day or
two ago, in apportioning the judiciary of the
State of Maryland, a question arose as to what
should constitute the district of which Baltimore
county composes a part. It was then proposed
to create one judicial district of Baltimore county,
of Harford county, and of Cecil county. I pro-
tested against this as unequal and oppressive to
our people. I considered it impossible that one
judge, with civil, criminal and equity jurisdic-
tions, together with the transaction of the busi-
ness growing out of applications for the benefit of
the Insolvent Laws, and so forth, could possibly
perform the labor. My learned friend, and those
who acted with him at the time, thought other-
wise, and the district was established to consist of
these three counties.
I felt satisfied then that the time would come,
as we approached that part of the article which
looked to the formation of the judicial depart-
ment for the city of Baltimore, when our friends
who had insisted upon it that one judge was suf-
ficient to transact the business of a population of
near eighty thousand in the Baltimore county
judicial district, would be by no means satisfied
with one judge for the same amount of popula-
tion in the Baltimore city district.
In this it now appears I was not mistaken.
One judge it is thought is altogether insufficient.
in a preceding debate I exhibited the tables to
show the precise amount of the population of the
Baltimore county district, and I called upon our
friends to come to our relief. I showed that Bal-
timore county had a population of 41,599; Har-
ford county had a population of 19,358; and Ce-
cil a population of 18,391; making in all, the
largest judicial district in the State. No relief
was granted, and the district stands now as at first
reported. Then the amount of population was
considered as nothing—now, in apportioning the
city districts, as every thing. The population of
the city of Baltimore amounting to 169,064, it is
proposed in the article now under consideration
to give to that city two judges with common law
and equity powers, and independent criminal
courts. This would give one judge to eighty-
four thousand inhabitants in the city, without
criminal jurisdiction, while in the count; district |
we have but one judge for a population of near
80,000 with the criminal jurisdiction of three
counties superadded.
This apportionment I consider as greatly to the
disadvantage of the county district; and if any
have cause to complain, surely we have. I do
not prelend to argue that the judicial force offered
to the city of Baltimore is sufficient—I think it is
not—but I do pretend to say that, if we of the
counties are entitled to no more, they are not.
The criminal business in Baltimore county alone
is very large. I am informed that nearly the
whole of the present term of that court is taken
up with criminal business alone.
In looking to this matter of the relative judicial
labor to be performed in the counties and in the
city, it is to be remembered that the county judge
hag to ride the circuit, whilst the city judges have
their duties to perform at their own doors.
In estimating the expense of this proposed judiciary
system as compared with the old, I admit
there is an error in my calculation in regard to
the expense of the orphans' court, but still the
result is the same. The whole expense of the
present judiciary of Baltimore, exclusive of fees
and perquisites of office, is not far from $11,799.
Whereas the expenses of the system proposed,
including a chancery judge and a police judge,
will not fall short of $13,799; thus incurring the ,
expense, by the new system, of about $2,000: and
this, too, when you have taken off from the city
judges the business of Baltimore and Harford
counties, which were formerly attached to the
Baltimore city district. Call you this economy?
Call you this an equal distribution of labor?
I am perfectly willing, regardless of the ex-
pense, to give to the city of Baltimore as much
judicial aid as will be required for the expeditions,
prompt and safe transaction of her business; but
what I am willing to grant to Baltimore I am
not willing to withhold from Baltimore county.
It is argued that the labor of the judges in the
city will be greater than in the county district,
and to show this, it is maintained that the appeal
cases alone are of themselves almost sufficient to
occupy the time of one of the judges. The ap-
peal cases, it is true, are numerous, and much
time is occupied in their investigation; but it is
to be remembered that there are also appeals to
be tried in the county district, which will neces-
sarily occupy the time of the judge there. A
practice has grown up in the city that I do not
think prevails much in the counties, which is to
hear elaborate arguments in appeal cases. This
necessarily occupies much time of the court. The
judge who usually preaides in the appeal court of
Baltimore, (Judge Purviance,) is known to the
whole profession, as one of the most patient, in-
vestigating, upright, accomplished judges that
ever adorned a judiciary bench. So nice is his
sense of justice, and so cautious is he in the in-
vestigation of every case which comes before
him, no matter how small may be the amount
involved, he will not decide until he has afforded
to all sides the fullest opportunity to be heard.
In this, I doubt not, he is right; but still, the
practice necessarily consumes much time.
In the counties, as far as my knowledge goes, |
