system of adopting two judges, and then refer-
ring our, future wants to the Legislature, because
I have no faith in that body. If you do not give
us three judges, I have no belief that the Legis-
lature will give them to us. If they do give
them to us, how will it be done? Why, by an
onerous taxation upon the people of Baltimore
city, as they have inflicted for years on us. I
have more faith in this body than in the Legis-
lature, and if this body does not give us what we
desire, I shall not vote for any proposition re-
ferring the matter to the Legislature.
Mr. THOMAS. I will vote for two common
law and chancery judges, and criminal judge,
and a court of police.
Mr. BRENT. I will not vote for less than three
judges to transact our civil business, because I
am satisfied that less than that number cannot
discharge the accruing business, and get rid of
the accumulated business there, which is im-
mense. It is a reproach that a party cannot go
into the courts of Baltimore city, without leav-
ing a lawsuit as an inheritance to his children.
I have a case in suit—that of a bill of exchange
—which has been pending for eleven years. I
withdraw my motion.
Mr. SPENCER. A gentleman from the city of
Baltimore has suggested to me a proposition
which he intends to submit, and I will not
therefore interpose my amendment. I shall
withdraw it, because I believe something better
will come from that city. My view in offering
it was to see if something could not be done to
accommodate the city of Baltimore. I did not
intend to impose any thing upon the city unjust
or unkind. So far as that city is concerned, I
shall not be found interfering with her.
Mr. STEWART of Baltimore city, then moved
to amend the 11th section of said report, by inserting
after the word "shall," in the fourth
line, these words: "be over one hundred, and
shall."
Determined in the affirmative.
Mr, McLANE. I suppose that I must make a
motion to postpone, for the purpose of entering
into the discussion. I confess that I am so
much embarrassed about these different propositions
that have been presented, that I scarcely
comprehend the purport of any one of them.
I would have been perfectly willing to have ta-
ken this bill as reported by the Covention, sup-
posing that it had been framed after due con-
sultation with the gentlemen from the city of
Baltimore; and being disposed to yield that
amount of deference and concession to that city,
as to give them, according to their own judg-
ment and experience, that amount of judicial
labor which would be calculated to promote
the interests of that great commercial city.
That is the object I have in view, and I throw
expense out of my view entirely. I think that
the cheapest administration of public justice is
that which promotes its speedy and prompt ad-
ministration. Whatever number of judges may
be necessary to give satisfaction to the public,
both civil and criminal, I am prepared to con-
cede, no matter what the expense may be. I
concur generally in the views presented by the |
gentleman from Frederick, (Mr. Thomas.) This
subject of the abolition of the chancery court
does not enter my mind at all. I was in favor
of the abolition of that court, constituted as it
is now, because I have heard nothing here that
satisfied me that that court was at all necessary
to a proper and speedy jurisdiction of the equity
jurisprudence of the State. I have as much
confidence in the present chancellor as any one.
Without the pleasure of much personal ac-
quaintance with him, I cannot be insensible to
the testimony universally borne to his intelli-
gence as a lawyer, and his uprightness of char-
acter. I have not confidence in the court of
chancery. I rest upon what has been shown
here, and find it now in possession of twenty-
five hundred cases, undisposed of. This is not
the fault of the chancellor, I am sure. I rather
think, from any information I possess, that if
inquiry is made, it will be shown to grow out
of the professional practice which has been in-
dulged in, their dilatory course of proceeding
to argue a cause whenever they are ready, and
not before.
I mean to say nothing in disparagement of
the profession; but I think the client has much
protection, from the dilatoriness of the counsel
as well as the judge. The inclination of the
counsel is to consult his convenience, much
more so than the judge. An eminent barrister
of Pennsylvania once said that "if the counsel
be apt, and the client clever, a chancery suit
may last for ever." I am in favor of abolishing
this office, because the whole experience of the
country has proved it unnecessary in the ad-
ministration of justice. There has been a
march of improvement in every state. This
court does not exist in Virginia; it has been
dispensed with in New York; I believe that in
Pennsylvania they have been twenty years with-
out it. Now, the Convention has proceeded
upon the principle, in refusing this particular
officer called chancellor to the city of Baltimore,
that it is denied to the counties. I hope
gentlemen will allow me to say that it is.
We have destroyed the office of chancellor for
the whole State, including the city of Baltimore.
But we must give a chancery jurisdiction some-
how to Baltimore, as we have given it in the
counties. We gave it to the circuit courts, but
according to the idea of the gentleman from
Frederick, we are now to give it to the city of
Baltimore, I am for giving it to the circuit
courts. I think that the phraseology of the bill
has probably led to the difficulty under which
we are now laboring. I concur in the views
presented by the gentleman from Somerset,
(Mr. Crisfield,) that we are to give this jurisdic-
tion to one or both of the judges of the city of
Baltimore, and that we are to make the num-
ber of judges in the city equal to the transac-
tion of their business. I, for one, am very will-
ing to defer to those who to represent Bal-
timore city here as to the number of judges
which may be necessary to transact their busi-
ness. We have given the counties all they de-
sire, and we should give to the city of Baltimore
all that they can lay a just claim to. What I |
