given the names of lawyer with whom, I sup-
pose, he has had some communication on this
subject, who say that this fores will not be sufficient.
I will ask the gentleman if be has not
written to others who have said that the force
will be sufficient?
Mr. GWINN. I will say, that in no instance
did one say it would be sufficient. There are
certain gentlemen in the city of Baltimore, as
here, and out of this Convention, who desire to
retain the Chancery court against the express
and declared will of this Convention. They
state that if the Chancery court should be con-
tinued and moved to the city of Baltimore, then
it would be sufficient.
Mr. MORGAN. The question I put to the gen-
tleman is this. If he has not written to certain
distinguished lawyers, who state that two common
law judges will be sufficient for the transaction
of Baltimore city business?
Mr. GWINN. One gentleman only returned
the reply, and another stated that he could not
say certainly whether they would or not.
Mr. MORGAN. I only desired this answer, for
the purpose of justifying myself, and to show
that others, beside myself, thought the business
could be done by two common law judges. It
was my desire, when I last addressed the Conven-
tion, to demonstrate to it, that there were 558
cases more in the first and second judicial dis-
tricts to attend to, than in Baltimore city, accord-
ing to retunis sent here. And what are these
returns? In the first district, composed of Prince
George's, St. Mary's and Charles counties, and
in the second district, composed of Anne Arun-
del, Calvert, Montgomery and Howard; there
are, as I have before remarked, 558 more original
cases to attend, upon the civil side of the docket,
than there are in Baltimore city. If you look
to the amount of busines transacted in the courts
of the city of Baltimore and these districts, you
will see that the system is arranged upon no
principle whatever. How is the third district
arranged, composed of Frederick and Carroll
counties? In Frederick, there are 314 original
cases instituted, and in Carroll 116—making 430
cases for one judge to attend to in that judicial dis-
trict. What kind a scheme is that, which gives a
judge only 430 cases to attend to in one district,
whilst in another district, (the second) extending
150 miles, you give the judge double the amount of
business.' These are facts, and as I said before,
I wish the gentleman from Somerset, (Mr. Cris-
field,) who introduced his statistics, and present-
ed them to the House, was present to defend his
proposition. I would have prefered his presence,
and to have adduced these facts for his considera-
tion in his own hearing, because then he could have
refuted my argument, it was not correct. How
does he arrange the fourth district, composed of
the counties of Washington and Allegany? There
is not one single return here before this Conven-
tion in reference to that district upon which to
base any system to be carried out; and yet this
Convention voted, and I voted upon the idea, that
these returns were complete in themselves; and
we thought the business was equally distributed |
under the system given to the State. How is
it in the other district—in Harford, Cecil and
Baltimore? In Harford, there are no returns.
In Cecil, the returns are—and the returns from
Baltimore county are incomplete.
in this district then, composed of populous,
prosperous and growing counties, where from
the representations of gentlemen here, there is
probably more business than in any other district
in the State, we have no data, and no basis to
form a system upon—we are at sea, and left al-
together to guess work.
Mr. SOLLERS. Allow me to inquire how these
returns came before the Convention ?
Mr. MORGAN. From the clerks of the coun-
ties, under an order of the Convention.
Mr. SOLLERS, is there any law requiring these
returns?
Mr. MORGAN. None except the will of this
Convention.
Mr. SOLLERS. I think there is.
Mr. MORGAN. My friend has reference to the
law requiring the clerks to report to the Legis-
lature; these returns were sent here not under
that law but by an order adopted by this Con-
vention. I see my time is nearly expired. I
cannot, therefore, examine the statistics of the
other districts—they all show the same result.
Gentlemen who voted for this judiciary system,
now acknowledge that it is unequal and inade-
quate—and say if they had time they would vote
to arrange the districts differently, but at this
late hour, if they again open the question, that it
will be impossible to close the Convention by
the time contemplated. I would beg them to
consider the importance of the question. That
it is one which comes home to every man in the
community—the highest as well the humblest
citizen—the rights, the liberty, the property of
the citizen is only rendered secure by giving an
effective and proper judiciary. Let us then,
even if we have to stay here one day longer, di-
gest and pass a system that will be adapted to
to the wants and great interests of the communi-
ty in this particular. Let us be liberal, be just,
towards Baltimore and all sections of the State,
and my word for it, you will do more to crown
your labors, and to commend them to the affec-
tion of the people of the whole State, than all
the rest you have done since you have been here.
I came here a judicial reformer—am ready to
vote to Baltimore all she wants, if she and others
who act with her will gratify the wants of the
State. We were sent here—
[The President's hammer notified the gentle-
man that his time had expired.]
Mr. TUCK. It is known that I was opposed
to an elective judiciary; but after that principle
had been fixed by the Convention, I co-operated
with its friends to make the system as acceptable
as possible. I had this view of it. I could not
undertake to say what was necessary for Balti-
more city, nor could I undertake to say what
was necessary in the districts on the Eastern
Shore or Western counties of Maryland. I stated
to all gentlemen who approached me that I was
willing to allow them a plan according to the |
