bine, Michael Newcomer, Davis, Kilgour, Brewer,
Waters, Anderson, Weber, Holliday, Slicer
Fitzpatrick, Smith, Cockey and Brown—66.
Negative—Messrs. Donaldson, Howard, Ridgely,
Gwinn, Stewart of Balt. city, Brent, of Balt.
city, Sherwood, of Balt. city, Ware and Shower
—9.
So the amendment was adopted.
Mr. GWINN moved further to amend the 13th
lection, by adding at the end thereof the fol-
lowing;
"And the supreme court of Baltimore city
shall consist of two judges."
Mr. GWINN demanded the yeas and nays,
which were ordered; and being taken, resulted
—ayes 22, noes 54—as follows:
Affirmative—Messrs. Lee, Chambers of Kent,
Donaldson, John Dennis, Merrick, Howard,
Bell, Chandler, Ridgely, Crisfield, Williams,
Hodson, Chambers of Cecil, George, McHenry,
Gwinn, Stewart of Baltimore city, Brent of
Baltimore city, Sherwood of Baltimore city,
Ware, Shower and Brown—23.
Negative—Messrs. Chapman, Pres't, Morgan,
Blakistone, Dent, Hopewell, Mitchell, Dorsey,
Wells, Randall, Sellman, Weems, Bond, Brent
of Charles, Buchanan, Colston, Dashiell, Ec-
cleston, Miller, McLane, McCubbin, Bowling,
Spencer, Dirickson, McMaster, Hearn, Fooks,
Jacobs, Thomas, Shriver, Gaither, Biser, Annan,
Sappington, Stephenson, Nelson, Thawley,
Schley, Fiery, Neill, John Newcomer, Harbine,
Michael Newcomer, Davis, Kilgour, Brewer,
Waters, Anderson, Weber, Holliday, Slicer,
Fitzpatrick, Smith, Parke and Cockey—54.
So the amendment was rejected.
On motion of Mr. Morgan, the 12th section
was further amended by adding at the end
thereof the following:
"Each of the said two courts shall consist of
one judge, who shall hold his office for the term
of ten years, subject to the provisions of this
constitution, with regard to the election and
qualifications of Judges and their removal from
office, and the salary of each of the said judges
shall be twenty-five hundred dollars per year."
Mr. BRENT of Baltimore city. I desire to call
attention to the contradictory nature of this sec-
tion. It confers upon the Superior Court all
cases of common law exceeding $500, which is
the great bulk of the law-cases in Baltimore
city, and at the same time loads the docket
with the entire chancery business of that city.
The Court of Common Pleas is a modest little
court confined to the picayune cases, exceeding
one hundred dollars and less than $500.
Mr. PRESIDENT. What motion does the gen-
tleman make
Mr, BRENT. I move to reject it, sir. (Laugh-
ter.) Some gentlemen have complained that
we, of Baltimore city, do not present some spe-
cific proposition. We have already done it.
We have all agreed that we cannot do the civil
business of Baltimore city with less than three
Judges. So far as I am concerned, I will take
no part in any proposition that gives Baltimore |
city less than that. That is the only reason
that I have no proposition to submit.
The 12th section having been read through as
amended;
On motion of Mr. DORSEY, it was further
amended by inserting after the word " vested"'
in the fourth line, the words "within their re-
spective jurisdiction."
Mr. HOWARD moved further to amend the
section by adding at the end thereof the follow-
ing:
"And in case it shall hereafter be deemed
proper by the Legislature to establish another
court with exclusive chancery jurisdiction for
the city of Baltimore, they are hereby author-
ized to provide for the election of a judge with
a salary of $2,500."
Mr. HOWARD. I have offered that amend-
ment with some little hope, though I confer
not much, that the Convention may adopt it.
We find ourselves surrounded with difficulties.
We have to decide a very important matter,
and our information is not such as to enable us
to decide it with satisfaction to ourselves. We
are called upon to say whether the provision
we have made for Baltimore, will be adequate
to its wants or not. If we fail to come to a
proper conclusion, we entail upon the people of
that city evils, the magnitude of which we can
scarcely calculate, until some adequate remedy
Is provided by some future convention. When
that will be, no one can foresee. As a medial
proposition, I have submitted this, with a hope
that gentlemen will consent to trust the Legis-
lature, when these wants shall be increased
hereafter, to provide for them. Every thing we
see around us, induces us to believe that a ca-
reer of prosperity is opening upon that city, to
which the past affords no parallel. We are
unable to tell to what extent that population
will have grown before another Convention will
assemble in this State. I believe that the courts
we have provided are not enough for the pre-
sent wants of that people; and still less will
they suffice when the city of Baltimore shall
have increased to one half more than its pre-
sent size. I appeal therefore to the discretion
of gentlemen, whether they will not open a
valve through which there may be an escape
from these difficulties that surround us now.
Can we not trust to the Legislature? They
will be no more imbued with Baltimore feel-
ing than justice requires. Constituted as that
legislature will be, can we not repose in them
sufficient confidence to give them the power lo
provide for an evil which we cannot but fore-
see, but the extent of which we cannot now
calculate upon ? I hope the proposition will be
passed, and I ask the yeas and nays upon it,
Mr. MERRICK moved to amend said amend-
ment, bystriking out the words "with exclusive
chancery jurisdiction,"
Which amendment Mr. Howard accepted.
Mr, MERRICK. I am anxious that Baltimore
city, as well as every other portion of the State,
should have adequate means to discharge the
duties of civilized society. I am fully convin-
ced that the provision already made is not ade- |
