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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 793   View pdf image
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793
wants of their own sections, if they were willing
to allow us to judge of what was necessary for
our people; end that was the only way in which
we could make the judiciary acceptable to the
people of the State. I was not of those who
thought it necessary to have one judge in each
county. I supposed there were some counties
that would require one judge, and that the small-
er counties might be districted in such a way as
to have no district composed of more than two
counties. But gentlemen in other portions of
the State seem to think that they know better
what is necessary and proper for us than we do
ourselves. The Convention has determined that
we shall not have the system we preferred. We
have over and over again repeated, that the pro-
posed system would be onerous to us, and im-
practicable, as well as inconvenient to the peo-
ple. Time and again we have appealed to the
Convention not to force this arrangement upon
our portion of the State—not to judge of our ne-
cessities by their own condition. I supposed
that the members of the bar were best qualified
to perfect a judiciary system, in this it seems I
am mistaken. Our efforts have been met with
the very charitable objection, "the lawyers are
making places for themselves." If the profes-
sion bad abandoned the work, as soon as this sus-
picion was uttered, to be perfected by those who
"'are wise in their own conceits," the people
might have been called on at the polls to contem-
plate a monument of the rarest folly. But amidst
difficulties and embarrassments the thing has as-
sumed its present shape. The delegates for Bal-
timore city have aided in thus moulding it; and
now they call upon the counties whose voice has
not been regarded by them, to give Baltimore
another judge. They have determined for us
what is necessary for our people. I shall take
the liberty of forming my own opinion as to their
wants, and not perceiving any absolute necessity
for the measure, I shall not move from the posi-
tion I have taken. If the Baltimore delegates
say that that city requires another court I shall not
disbelieve them, but I shall expect them to give
the same credence to our representations as to
our section, and to act accordingly, before I grat-
ify their demand. We have said that the law
and equity cases in our district will be too much
for the attention of a single judge—situated as
our counties are, with no public conveyances,
and covering a large extent of country—and es-
pecially if the clause abolishing the Chancery
court be retained. We again appeal to gentle-
men not to force this arrangement upon. But if
this must be, and gentlemen from other sections
will not come forward in a spirit of justice to
sustain us in obtaining what we declare to be necessary
for our interests, they cannot complain if
we vote to retain the article in its present form.
We would do justice to all portions of the State,
but we ask the same, and cannot agree to take
less for ourselves.
Mr. SOLLERS. I understand that the proposition
is to give to the city of Baltimore an addi-
tional number of judges. What reason is there
in this, except in that principle which has been
100
manifested here from the very commencement
of the session to the present day—the all grasp-
ing, all absorbing notions of the city of Baltimore
to appropriate to itself the whole political and
judicial power of the State? Talk to me of the
business of the city of Baltimore! Will this
Convention allow me to give them some statistics?
I can give them correctly from my own
county, for I occupy the humble position of
Clerk. In 1844, I was appointed, under the
broad seal of the State, signed by my friend Gov.
Thomas, a most distinguished honor—a whig for
the first time obtaining office under a locofoco
Governor. [Laughter.]
In the spring of 1844, the appearance docket of
Calvert county court was four hundred and six-
ty cases, I will swear to the exact number, for
I never shall forget it as long as I live. The
docket was two hundred and eighty caaes. In
the spring of 1845, the appearance docket was
over five hundred cases, and the trial docket up-
wards of three hundred and sixty cases; and
from that time and during the time I have been
clerk, (I think I say it with great truth—I know
I do not exaggerate,) the appearance docket has
averaged between three and four hundred cases,
and the trial docket between two hundred or two
hundred and fifty. His honor, Judge DORSEY,
I think, will testify to the fact.
I undertake to affirm one fact—that the docket
in our county court is larger than the docket in
Baltimore county court, and yet the gentleman
from Baltimore city thinks they ought to have
an additional judge for his city. I am only speak-
ing for the smaller portion of our district.
According to the plan proposed, it is to be
composed of four counties. I take the single
county of Calvert, and undertake to affirm that
there is as much business to be done in that sin-
gle county as in the Baltimore county court. I
wish the Convention to understand, and I wish
the counties to understand another thing—it is
only in that miserable, horrible spirit of grasp-
ing for power in the State that this proposition
is made, and I trust it will be resisted.
Mr. RANDALL. I do not like to trespass upon
the time of the House, in its present feverish impatience
to hasten through this important and I
fear much to be neglected duty; but as I represent
a people who are most seriously injured by the
proposed judiciary system, I shall be pardoned ill
again making their grievances known, and com-
paring the provision you have made for them in
the judicial district, with what has been done for
the city of Baltimore, and is now so much com-
plained of by her delegates. If Baltimore dele-
gates continue to complain of the operation of
this system upon their people, how much greater
are our causes of complaint against it? It has
been said by way of complaint against us by one
of the delegates of the city of Baltimore, that this
Convention has already determined against the
continuance of the Chancery Court, and that the
opposition here, to the amendment he proposes
for the relief of Baltimore comes from those who
wish that court to be continued. It may be so.
Is it not proper that it should be so? We com-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 793   View pdf image
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