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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1555   View pdf image (33K)
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1555
If he were overburdened with business; if
he could not get through with the business;
if justice could not be dispensed to every citi-
zen of the county, I would readily yield to
the change contemplated by the gentleman
from Somerset. But really it is not the fact.
I speak with reference to my own county;
and I believe the same parity of reasoning
will apply to the other counties.
In the county of Worcester the court rarely
sits more than a week, twice a year, there not
being business enough to engage the court
longer, criminal, common law and chancery
business all combined. That shows that it
would be utterly inexpedient to make any
change. It is true that we have four terms
during the year, a spring and fall term, and
two intermediate terms; but the latter are
merely formal assembling of the court, there
being no jury, and of course no jury trials.
A few traverses before the court, and a little
chancery business, constitute the whole busi-
ness of the intermediate term.
I can see no reason then for the change.
Our people do not require it; for I think I
understand their views on that subject.
Therefore I shall oppose the amendment as
proposed by the gentleman from Somerset,
on the ground of 'inexpediency. I do not
think the exigencies of the occasion require
any such change. Under the old system the
county of Caroline belonged to our circuit;
but even then the business was despatched
with facility without imposing any great
labor upon the judges, under the old system
of three judges. Since the change of 1850,
when the labors have devolved upon one
he has with equal facility and promptitude
and satisfaction, and in a manner entirely
creditable to him, despatched the business
so as to meet the convenience and the interests
of the people. Under these circumstances, I
oppose this amendment; and I will add that
our delegation are unanimous in that con-
clusion.
Mr. THOMAS. When I submitted a propo-
sition as an amendment to the nineteenth sec
tion of this report, I was under the impression
that that would meet the views of the ma
jority of the convention; that the only change
that was necessary was to put Baltimore
county' into a separate and distinct circuit
I am perfectly satisfied from what I have
heard from the western counties, that Alle
gany, and Washington, and Frederick, re
quire themselves to be erected into separate
circuits; and for that reason lam perfectly
willing and satisfied to vote for the proposi
tion of the gentleman from Allegany (Mr
Hebb.) I think by proposition is better than
the one offered by the gentleman from Ann
Arundel (Mr. Miller,) for more reasons than
the one which I have given. The arrange
ment is not only better, less complex than
the one submitted by the gentleman iron
Anne Arundel, but since this convention ha
shown that it does not intend that the coun-
ties shall pay for their own judicial systems,
lout that the State shall, it rids Baltimore
city of that additional taxation which she
would be obliged to pay in case the one-
judge system were adopted.
There is another reason why I shall sup-
port it; and that is that it leaves the or-
phans' court just where it i?, and where it
should remain. And I think that those gen-
tlemen who have been voting with us upon
these propositions should come in now and
sustain the proposition of the gentleman from
Allegany, believing, as I do, that it is satis-
factory to a large majority of the representa-
tives of the State, and will be perfectly satis-
factory to the people.
Mr. DENNIS, I have but one word to say
in response to the gentleman from Worcester
(Mr. Purnell;) and it is that this is not a
question as to how the judicial duties of the
Worcester district have been performed. 1
concede to the gentlemen that the present
occupant of that bench is one of whom any
man in the limits of this land may well be
proud. But the gentleman has a queer way
of showing his love for his own people, and has
a most astonishing way of showing his extreme
friendship for the judge of whom he is so very
proud. He is for imposing upon that judge
the discharge of duties where 53,254 people
are concerned, and leaving the adjoining dis-
trict with 21,460. One ought not by any
means to be burdened with a duty so much
heavier than another man. The convention
must see at once that it is desirable to equal-
ize these districts. The amendment I pro-
pose separates Dorchester from the twelfth
district, and leaves the two districts thus
equalized:
TWELFTH DISTRICT. ELEVENTH DISTRICT.
Worcester.......17,013 Talbot ...........11,070
Somerset........19,903 Caroline.........10,390
— Dorchester......16,338
Total,.........36.918 —
Total..........37,798
This brings the population very nearly
equal; while, as provided by the amendment,
the twelfth district will have 2 1/2 times as
; many as the other. I leave the convention
to say which is the best.
Mr. CHAMBERS. I have hut little to say on
- the subject of the proposed amendment, and
- probably should not have said a word but for
the recurrence to the question of expense.
Do gentlemen recollect that 19-20ths of the
- business of the court of appeals is from the
city of Baltimore? When they open an ac-
i count of that sort they ought to pay 19-20ths
of the salaries of the court of appeals, upon a
i mere arithmetical calculation, disregarding
- everything like the principles which should
a regulate the administration of justice by the
a organic law of the State.
With regard to this amendment, I person-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1555   View pdf image (33K)
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