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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 799   View pdf image
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799
before, that other gentlemen can arrange their districts
as they desire.
Mr. BUCHANAN. Then we will have to re-
model our district.
Mr. TUCK. I have always said, that it was
not competent for a man living on the Eastern
Shone to know the wants of the people of the
Western Shore, and that we had better apply
to gentlemen from different sections, who can
tell us better than we can guess at, what is ne-
cessary. If we can remodel the system advan-
tageously, let us do so. Why talk of expense
when the most important interest of the people
are at stake? I am sure, a cheap judiciary is
the worst thing we can get. It would be dear
at any price. I move to postpone the whole subject
until to-morrow, and in the mean time, we
can endeavor to arrange some plan that will be
satisfactory to both the city of Baltimore and the
counties.
Mr. BUCHANAN. I do not doubt that our
friends from the city of Baltimore have cause
to complain at the apportionment of judicial labors
—but if they have cause to complain, others
have cause likewise, and none more than the
people comprising the judicial district, of which
Baltimore county forms a part.
I am willing, nay I am anxious to see full,
ample justice done to the city of Baltimore, in
this matter of the judiciary, as well as in all
other matters—but at the same time, that I am
disposed to see justice done to the city. I am
equally disposed to resist the withholding of it
from the county.
I am of opinion, Mr. President, that two civil
judges are not sufficient to perform the judicial
labors of the large and increasing city of Baltimore
—but it is said with some confidence that
one judge is sufficient to perform all the judicial
labor, (embracing the trial of criminal causes,)
of three counties, one of which (Baltimore coun-
ty,) is the largest in the State. Now, all I have
to say on this subject is, if one judge is sufficient
to perform all the duties of this populous judicial
district, then two civil judges would be enough
for the city of Baltimore. But this is not the
case. One judge is not enough for the county
district, nor are two judges sufficient for the city
of Baltimore.
Let me call the attention of my friends from
the city, to the situation of the large district
from which I come, and to invoke their aid I
is known that the district (which for want of a
more convenient term at present) I have designated
as the Baltimore county district, is composed
of Baltimore county, of Harford county
and of Cecil county, containing a population of
near 80,000.
The adjoining district is composed of Carroll
and Frederick counties, and the district adjoin
ing that of Washington and Allegany. Now
the Baltimore county district, contains a population
nearly as large as both of these districts
and we have one judge, while they have two
This I consider gross inequality and injustice
and of this I complain. Others complain, and
think have good cause of complaint. My friend
from Anne Arundel, [Mr. Randall,] complains
that his district is too large. My friend from
Prince George's, [Mr. Bowie,] complains that
his district is too large. So our friends from the
city perceive they are not the only ones who
complain.
The plain truth is, these judicial districts are
badly arranged, it would have been much better
to have had one judge for each of the large
counties of the State. And then, you would
have had justice promptly administered. It is bad
policy to put too much labor on one judge. We
should retrace our steps and remodel the districts.

Mr. SMITH. Mr. President, I was opposed to
the present judicial system as arranged, and
voted for the proposition of the gentleman from
Prince George's, (Mr. Bowie,) when be offered
his amendment to the first bill providing for
thirteen judicial districts, Allegany constituting
one of the thirteen.
I have received letters from gentlemen of the
bar of Allegany, declaring their unequivocal
hostility to any constitution that will not relieve
them from their present difficulties. Allegany
requires a judge and quarterly courts, to enable
the people to have prompt and speedy justice.
I have a statement of facts before me, (returns
from the clerks of the counties of the State shew-
ing the number of civil suits on their respective
dockets,) showing the amount of civil business in
the respective districts as arranged by this Con-
vention, throughout the State. I find from it
Allegany and Washington for the last several
years, have averaged seven hundred and forty-two
cases a year, that it will have a larger docket
than any district in the State; that our judge will
have more duty to perform than a judge in the
city of Baltimore. The civil docket in Baltimore
city is one thousand three hundred and thirty-two
divided into two courts, averaging six hundred and
sixty-six cases to a court—seventy-two cases less
than our district. Our judge has criminal juris-
diction. Baltimore city has a separate criminal
court. Now, why all this clamor from Baltimore?
Why these extraordinary efforts to get a recon-
sideration? Why the threats that Baltimore is a
unit upon that subject? With this statistical in-
formation before the Convention, we find one of
the city delegates moving to add Frederick to
the Allegany circuit, (folio 639 Journal,) and
every gentleman from the city in Convention at
the time, voting for it. I am no lawyer, Mr.
President, and yet I know we have anything fat
speedy justice in our judicial district as at present,
and the new Constitution leave us in a worse
condition than the old one, as one of our counties
must always be without ajudge. Now, we have one
I for each county. Our business is increasing upon
the docket. Our criminal business is very large.
One of our terms is limited, and a very small
share of business is done at the short term. It
will be utterly impossible to get along under such
a system. Why is it that the gentlemen from
Baltimore city are willing to impose upon us
I more than we can do, and more than they have
to do; and while they are urging another judge


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 799   View pdf image
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