question, but will not review that motion. I
will give in a few words, the reasons which will
control my vote on this question. I am in favor
of the clerks and registers being as they now
are feed offiers-in other words, when their
vigilance and attention to business becomes the
means by which they get their fees, they will
be more attentive to their duty, for their inter-
est required them to be vigilant and punctual, so
that the business of the courts can go on. I am
opposed to the system which regulates fees in
one county higher that those in another. I de-
sire the system of fees to be uniform throughout
the State of Maryland. I wish therefore to let
this power remain with the Legislature, as to
its matter of detail.
You have gone too much into detail already in
this Constitution. If the fees are too high, if
there are fees now upon items upon which
there should be no charges, let the Legislature
reduce the charges, reduce the fees, and simplify
the subject, as they may think wise when they
take the question up for consideration. I there-
fore cannot vote for this proposition, because I
can vote for nothing that does not leave the
subject to the Legislature, and require it to have
one general rule and standard in relation to fees
in the State of Maryland, and that the officers
shall be paid from these fees. If they are too
high, the Legislature can reduce and curtail them.
Mr. JOHN NEWCOMER. I have a substitute
for the proposition of the gentleman from Charles.
I desire that there shall be a uniform system of fees
throughout the State, and that the Legislature
shall fix that system at its first session. In the
smaller counties, where their duties are not so
onerous, their compensation should be less than
in the larger counties, where their duties are
heavy. I therefore propose a uniform system, so
that every man shall be paid according to the
services he renders. I move the following as a
substitute for the proposition of the gentleman
from Charles.
"The Legislature at its first session after the
adoption of this Constitution, shall reduce and so
graduate the fees and perquisites of the several
clerks of the county of common law and equity,
and registers of wills of this State, that no one
of them shall receive more than a fair and rea-
sonable compensation for performing the duties
of his office."
Mr. GRASON then made a few remarks not dis-
tinctly heard by the reporter.
Mr. HARBINE moved the question be taken by-
yeas and nays;
Which being ordered,
Appeared as follows:
Affirmative— Messrs. Lee, Dorsey, Wells, Ran-
dall, Kent, Bond, Bell, Sherwood of Talbot, Col-
ston, John Dennis, James U. Dennis, Hicks, Hod-
son, Miller, Bowie, Tuck, Sprigg, Grason, George,
Wright, Hearn, Fooks, Shriver, Johnson, Gaither,
Annan, Gwinn, Kilgour, Waters, Anderson and
Hollyday—31.
Negative— Messrs. Morgan, Dent, Hopewell,
Weems, Welch, Dashiell, Spencer, Dirickson,
Jacobs, Stephenson, McHenry, Magraw, Thaw- |
ley, Sherwood of Baltimore city, Schley, Fiery,
John Newcomer, Harbine, Michael Newcomer,
Brewer, Weber, Fitzpatrick, Parke, Shower and
Cockey-25.
So the motion was agreed to.
And the Convention accordingly adjourned un-
til Monday morning at half-past eleven o'clock.
MONDAY, May 5, 1851.
The Convention met at half-past eleven o'clock,
persuant to the order heretofore adopted.
Prayer was made by the Rev. Mr. GRAUFF.
The rolls of the members was called, and a
quorum was ascertained to be present.
The journal of Saturday was then read.
THE JUDICIARY.
There being no morning business-
The Convention resumed the considera-
tion of the unfinished order of the day, being the
report submitted by Mr. BOWIE, chairman of the
committee on the judiciary.
The question pending before the Convention
on Saturday, being on the substitute offered by
Mr. JOHN NEWCOMER, for the amendment pro-
posed by Mr. MERRICK, as the twenty-first sec-
tion of the report.
Mr. DENT offered as a substitute for the
amendment and substitute the following:
"The Legislature at its first or second session
after the adoption of this Constitution, shall es-
tablish by law, a uniform system of fees to be re-
ceived by the clerks of courts of record, and regis-
ters of wills throughout the State, as compensa-
tion for the discharge of the duties of their re-
spective offices; until the Legislature shall do this
they shall he entitled to receive such fees as are
now authorized by law."
Which was read.
On motion of Mr. SPENCER,
The Convention was called, and the doorkeep-
er sent for the absent members.
Mr. STEWART, of Baltimore city, renewed the
notice given by him on Saturday, of his inten-
tion to move to reconsider the vote of the Con-
vention on those sections of the judicial report,
which relate to the organization of courts in the
city of Baltimore, and also gave notice that he
should offer the following amendments which he
desired to be entered upon the record :
"There shall be established for the city of Bal-
timore one court of law to be styled The Court of
Common Pleas, which shall have civil jurisdic-
tion in all suits where the debt or damage claim-
ed shall be above one hundred dollars, and shall
not exceed five hundred dollars; and shall also
have jurisdiction in all cases of appeal from the
judgments of the justices of the peace in said
city,
"There shall also be in said city another court
of law having jurisdiction over all suits where
the debt or damage claimed shall exceed the
sum of five hundred dollars, and in case any
plaintiff or plaintiffs shall recover in said court |
