city will undertake to pay the costs of her
judicial system, each county in the State will
undertake to pay the cost of its judicial sys-
tem. I do not consider that that question
ought to he brought into consideration at all,
when we consider the importance of the mat-
ter upon which we are now deliberating. It
is ft matter in which the citizens of the sev-
eral counties in the State are deeply inter-
ested.
As we are now organized, in our circuit
composed of the counties of Charles, St. Ma-
ry's and Prince George's, we have only one
judge on our bench. He has jurisdiction not
only of the common law but the equity busi-
ness of the several counties. He holds two
common law terms in each county, and two
equity terms. We have then three judges
elected for the orphans' court of the several
countie?, from the people. My experience in
the practice of the law has been that the or-
phans' courts in the several counties are the
most important courts we have. Cases arise
in the orphans' courts of the counties, involv-
ing more indirect points of law, than arise in
the circuit court in the trial of cases of nisi
prius.
I have known cases to arise, where we in
Prince George's county wanted to secure an
Injunction to prevent a sale, or to prevent a
trespass, such as could not be remedied by an
action of damages. I have had myself to ride
some forty odd miles in the winter season to
procure an injunction in an important case.
Give us a judge for each county, and vest
him with equity jurisdiction, and make him
chief judge of the orphans' court, and asso-
ciate judge of the circuit court of the district.
and then you bring justice home to the peo-
ple. If you require him to reside in or about
the county town, he is accessible to every
citizen of the county whenever a case of
emergency may arise.
I had proposed to let Baltimore city settle
Upon her own judicial system. I thought it
was a matter of 80 much importance to the
gentlemen of Baltimore city, that they would
be willing that the counties should agree what
system they should have.
Mr. THOMAS. I am willing.
Mr. BERRY, of Prince George's. If the
gentlemen from Baltimore city will select
their own judicial system, suited to their own
people, I am willing to go for it; and I think
the same principle should actuate them to-
ward the counties. We ought to have a
change in the system. I say that it is almost
a denial of justice to the people of the several
counties, in many cases, as it now is. This
is a highly important change; and I do hope
that the members of this convention will con-
sider it. Particularly do I address myself to
the members of the various counties of the
State. I know there are many members representing
counties much more thickly popu-
lated than mine. But in my small county I |
have seen the workings of the present system
to be injurious to the people. If you give us»
one judge, the legislature may prescribe that
they may hold four terms in common law,—
They may sit in chambers in the discharge of
equity business, and act as the old chancellor
did in the passage of orders, and trial of
cases of injunction, matters most important to
the citizen.
1 say that the members of the various coun-
ties ought to take it into consideration; and
I think if they will think of it properly they
will determine with me that the change is an
important and a proper one. Give us a judge
for each county of the State. Give him equity
jurisdiction in the county. Make him the
presiding judge of the orphans' court of the
county; and let him preside as associate judge
of the circuit. Then he will not only have
enough to do, but the wants of the citizens
of the county will be fully supplied. I do
hope that gentlemen from the city of Bal-
timore will not oppose the wants of the people
of the counties in this respect. We are will-
ing to give them their own system. The
question of cost should not be taken into con-
sideration at all. If it is, I tell them that the
counties are willing to pay the cost of their
own system if Baltimore city will do the same.
I hope that this amendment will be adopted.
I think it is a change that meets the wants
of the people, and will be a great improve-
ment upon the present system. I want the
convention to understand that these are mere
suggestions of mine. I said the other day 1
should say nothing except in the way of sug-
gestion; and I hope they will take it as
suggestion.
Mr. BOND. I think there can be no ques-
tion that a judge in each county would be a
great convenience to the people. The only
objection in the world there can be to it is the
additional expense. Upon the question of the
judge having employment, if be is given the
whole jurisdiction of testamentary affairs,
and the orphans' court entirely abolished, as
I think it ought to be, the whole equity juris-
diction, the whole testamentary jurisdiction,
and the whole common law jurisdiction will
furnish employment enough even in the small
counties for any one judge, in fact a great
deal of expense will be saved by having a judge
resident in the counties. There are numer-
ous cases where men are arrested and com-
mitted to prison and obliged to remain there
a considerable length of time because there is
no judge there to hear their case. I know
that in some counties large costs have arisen
in that way, which would not arise if there
were ajudge resident in the county, for there
would be no delay whatever.
Upon the question of giving to the judge in
the counties orphans' court jurisdiction, tes-
tamentary jurisdiction, I know there are very
many in the State who arein favor of this
old institution of the orphans' court. My |
