three judges in each circuit, unless one of the
judges is to be judge of the orphans' court in
each county. I suppose in any system of one
judge to each county, that judge will have
jurisdiction over the orphans' court, either
entirely or to a great extent. So far as I am
concerned I am opposed to any change what-
ever in the orphans' court. I am opposed to
substituting any system of judges of probate
in the place of the present orphans' court sys-
tem. I shall cast my vote with reference to
this thing. I shall not cast my vote for any
system which vests in the judge of the county
jurisdiction over the orphans' court.
I am not going to argue that. I say that
the orphans' court system has stood longer
than any other system in the State. There
is no popular movement against it. it is a
system eminently popular in its character.—
Gentlemen talk about being unwilling to
take the election of judges away from the peo-
ple. There is no system in the State which
more nearly concern's the people, or in which
they feel more interest; and I really believe
the orphans, court system is more popular than
any other system in the State.
I know that at great many lawyers look
down upon it as a lay court; but for that
very reason the great mass of the people prize
it. It is a system involving the personal prop-
erty of the State, and which has been in ex-
istence from the establishment of the testamen-
tary act down to the present day; and there
has never been a dollar stolen or wasted. I
do mot believe any other system has worked
better. They have a probate system in New
York; and it is neither as honest nor as well
managed as the system in Maryland. If I am
not mistaken some of the most eminent law-
yers in other States have expressed their ap-
probation of the testamentary act of Maryland
as the most complete testamentary system that
exists in the United States.
It seems to me that we ought to take some
action upon this report, to establish these
general principles. Let us know whether the
convention intends to alter the orphans'
court system; let us know what tenure the
judges are going to have; and after we have
done that, we can more easily come to some
conclusion with regard to the circuits. For
manifestly, if there is to be one judge, as my
friend from Allegany proposes, in three coun-
ties, or in two counties, that judge cannot
preside cover the orphans' court. It is per
fectly impossible. If you have one judge it
each county, he can administer the orphans
court; but I should like to have it explained
how a judge of three counties can attend to
or administer the functions of judge of the
orphans' court.
Mr DANIEL. I agree in part with my col
league as I understood him, us to the propriety;
of voting upon these questions at once.
should be sorry to have it postponed ant
Tuesday.
45 |
The PRESIDENT. The motion to postpone
was withdrawn.
Mr. SMITH, of Carroll. I renew it; I move
to postpone it until Tuesday next, at 12
o'clock,
Mr. DANIEL. I was going to any that we
have a very full house to-day, some seventy
members here, and as my colleague suggests,
there are certain principal features about this
report which pretty much all the members I
think have thought mure or less about; and
I think, as suggested by the gentleman from
Howard, we might have a sort of experience
meeting, to hear what members think about
it, just as well now as at any other time;
because this thing will all have to be gone
over again. I am for a short session, and I
presume every member wants to get away
from here and hasten home as soon as possi-
ble. But there are inalters betore us that
members have thought of, and we can as well
discuss mow, while here in a full house, us at
any other time. if we put it off three or
lour days, I think we shall be losing valuable
time. Wo have just determined to adjourn
over the night session to night as well as to-
morrow. There are seventy or more mem-
bers present to-day, and I look upon this
proposition to postpone until Tuesday, as
about effectually losing this day. Therefore
I think we would better go into the discus-
sion of this question. If we do anything
wrong or hastily, we have a right to re-con-
sider; and if we do it right we shall not have
to go over it again. I think it would be
better to gave all the tine we can, by going
on with this discussion at once.
Mr. STOCKBRIDGE. I would suggest that
half past ten o'clock would be betier than
twelve; for there would be as many members
present at that hour as at 12 o'clock.
Mr. SMITH, of Carroll, modified his motion
accordingly.
The motion to postpone the further consid-
eration of the report until Tuesday next at
hall past ten o'clock, was agreed to—ayes 48,
noes not counted.
On motion of Mr. BELT,
All the proposed amendments to the report
were ordered to be printed in bill form.
THE DRAFT.
On motion of Mr. BERRY, of Pr. George's,
The following order submitted by him on
yesterday, was taken up: '
" Ordered, That a committee of three be
appointed by the President to correspond
with the proper authorities, and furnish this
convention with the number of recruits, both
white and black, which have been received
into the service of the United States, from
the several counties of the State, and the
city of Baltimore; and also the number cred-
ited to the said counties and city respectively"
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