for their city, I hope the proposition will be rejected,
and the gentlemen from Baltimore city
will learn to do to others what they would have
others do to them. Our court at its last term
never reached the contested cases on the civil
docket, the term of the court being wholly oc-
cupied in trying criminals, and appeals from.
magistrates. The judiciary system as arranged
in this Constitution is a gross perversion of what
is due to every citizen of the State—"speedy jus-
tice."
Mr. TUCK withdrew the motion to postpone
the further consideration of this subject until
to-morrow.
Mr. RANDALL would state a single fact with
regard to this district—it is to compare its equity
business in the Court of Chancery, with that of
the city of Baltimore, and he states this from the
record furnished this Convention by the Regis-
ter. Within the last five years there were five
hundred and twenty-one suits brought in that
court from Baltimore city. During the same
period, this district of which we constitute one of
the four counties, brought into that court two
hundred and seventy-two cases.
Thus more than half as many cases as were
brought from the city of Baltimore into the Court
of Chancery, were brought there by this judicial
district; and yet this district is to have only one
judge for all its criminal, civil, and equity busi-
ness. While Baltimore city has three separate
courts secured by the Constitution, with the right
in the Legislature to give them a fourth Court; a
right which, with their ten delegates, no doubt
they can obtain from the first Legislature meet-
ing after the adoption of this Constitution. He
did therefore insist, that if there is to be any
change in this judicial system, the people of this
and the adjoining counties, require additional
judicial facilities much more than the city of
Baltimore.
Mr. JENIFER. I did not expect to vote on
this subject, because I feared my health would
not allow me to be present, but as I am here
and shall vote, I wish to make a single remark
in explanation of the vote I intend to give. There
has not been a single question that has come
before this Convention, from its commencement
to the present time, in which my constituents
take a greater interest than that in relation to
the judiciary system in general.
So far as regards the judicial bill reported by
the committee on the judiciary, it is one in which
I have felt much anxiety, believing that my constituents
have taken a greater interest in this
question, than any other before the Convention,
gave the subject of representation. So far as re-
gards the city of Baltimore, there is no man from
that city who is disposed to go farther than I am,
to give her a judiciary suitable to all her wants.
It is well known that the substitute which I laid
on your table intending to call it up at a pro-
per time, embraced every thing for the city of
Baltimore which was supposed to be required by
the representatives from that city. But further.
I then stated, that any additions or alterations
which might be required in any plan to give to |
Baltimore a sound and efficient judiciary, would
meet my support, and there has been a disposition
evinced here to give to Baltimore whatever
was required for that parpose. Certainly it has
been the disposition of the lower counties. It is,
therefore, with surprise that I have witnessed a
disposition on the part of at least some of the
delegates from the city of Baltimore, a determi-
nation not to extend to those counties a similar
act of justice and courtesy. Gentlemen seem to
think that they and they alone are the judges of
what system is applicable to the city, and also to
all the various sections of the State. In the cir-
cumscribed limits of a populous city, a single
judge may efficiently administer justice to thou-
sands, whereas in the extensive circuits in the
country, one judge to three and four courts, ex-
tending from seventy to ninety miles, to perform
all the duties of common law judge and chancel-
lor, will be found to be more than can be done.
You propose to abolish the High Court of Chan-
cery—that independent of the loss the State will
sustain in so able a Chancellor and so desirable a
Court, will greatly enhance the inconvenience and
difficulties to suitors in Chancery.
To three-fourths of the citizens of the lower
counties it would be more convenient to go An-
napolis or Baltimore for the transaction of busi-
ness in equity, than to seek a Chancellor fifty,
seventy, and ninety miles through the country
and then not know where he may be found. This
Constitution if ratified, is to continue for ten
years, no part in the meantime can be altered or
amended. However prejudicial it may act they
are without remedy. True, it has been intimated
that if the Constitution does not, upon trial,
suit the city of Baltimore and the large counties,
they having a majority, will call a Convention
when they please. This doctrine has been advoca-
ted here. But we of the lower counties desire no
revolution; we desire to frame a peaceful Consti-
tution for the benefit of the whole State, and
should, upon proper representation, be requi-
red to make all necessary alterations and
amendments under the forms of the Constitution
and laws of Maryland, If gentlemen are deter-
mined to fix upon us a system incompetent to ac-
complish the object for which it is intended, they
cannot expect that we of the lower counties
should tamely submit to those injuries alone—we
desire that Baltimore should have a judiciary to
suit her wants. Is it asking too much to claim
for the counties such as their wants require'
I do not hesitate to pronounce that, if the city
of Baltimore has not such a Judiciary system in
all its parts as is required for the business and
police of that emporium of Maryland, it will be
indebted to the course of policy pursued by its.
own representatives, demanding all for them-
selves, yielding nothing to others. This is the
more to be regretted, because there are one or
two of her delegates who have not, upon all oc-
casions, considered Baltimore as the only part of
Maryland.
Mr. GWINN. I only desire to say to the House
that they will understand this as a test question
as to the number of courts that shall be allowed |
