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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1556   View pdf image (33K)
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1556
ally have no concern with it. I have only to
say that the majority of this house will do
what they please in regard to this matter.
We prefer the arrangement of the committee ;
next to that, we prefer the arrangement we
had adopted last evening, of one judge for
each county to be elected. We can only say
that the nearest approach the majority may
make to any theory pat forth by them, we
shall certainly accept as a, matter of necessity.
For one I stand upon the record as opposed
to the system, opposed on principle. I stand
further opposed to it in detail; as I think the
counties should each have a judge. I think
that fitness in every respect required that we
should adhere to the proposition adopted
over right; hut the gentleman from Balti-
more has rallied his forces this morning, and
it is rejected. I am therefore prepared to
accept submissively whatever the majority of
this body may think proper to allow.
Mr. STIRLING. I think the gentleman from
Kent will believe me when I assure him that
I have not made the slightest attempt to or-
ganize the majority of the house upon this
question in any shape or form. I have had
no consultation with them, except with two
or three members in the casual intercourse
around the State house this morning.
Mr. CHAMBERS. Then the gentleman pays
himself a still higher compliment; for it
seems to have resulted from his attempt to
rally them last night, and I did not think
any one member had so much power over
the majority.
Mr, STIRLING. No, sir; it is simply be-
cause gentlemen are here who were not here
last night.
Mr. BRISCOE. If I understood the conven-
tion that the report of the committee was not
to be entertained with any favor in this house,
and not likely to be passed, I could very
readily determine how I should vote upon a
proposition of the kind before this body,
Compared with the present judiciary system
of the State, I infinitely prefer the amend-
ment of the gentleman from Allegany; but
compared with the report of the judiciary
committee, I am perfectly decided that 1
prefer the report of the committee. If I am
bound to vote upon this amendment, as it
now stands, although I prefer it to our pre-
gent system, I am bound to vote against its
adoption because I prefer the original report.
That. report reaches sooner the objects de-
signed by the substitute offered by the gen-
tleman from Prince George's (Mr. Clarke,)
giving a judge to each one of the counties of
the State. The report of the committee pro-
vides for a resident judge in each of the
counties, and that report divides the State
into judicial circuits.
So far as the question of economy is con-
cerned, I do not see much difference between
the report of the committee and the amend-
ment of the gentleman from Allegany, This
question of economy is one to which I wish
to direct the attention of the convention. 1
understood from the chairman of the com-
mittee on the judiciary (Mr. Stockbridge)
that if his report was adopted, the cost of the
administration of the judiciary system would
be increased above that of the present system
only by a very small amount. I should like
to learn from the gentleman from Allegany
what would be the cost of his system, if he
has made any calculation.
Mr. HEBB. I have made no calculation ;
but the system proposed by this amendment
. has eight districts less than as proposed by
the committee. Therefore it will cost about
$20,000 less than that, land about $10,000
more than the present system.
Mr. BRISCOE:. Under the report of the com-
mittee, as I understand it, this is to be fol-
lowed up by requiring one of the judges of
the circuit to act as judge of the orphans'
court ill conjunction with two associate
judges of the orphans' court elected by the
people. So far as the question of economy is
1 concerned, when we look to that view of it, 1
I think the advantage of economy is with the
report of the committee as it was brought be-
fore us originally. It seems to me that this is
a proposition of the gentleman from Allegany,
offered on the spur of the moment. The
report of the committee on the judiciary,
composed as that committee has been, I pre-
sume, of gentlemen representing every part
of the State, who have conferred with the
ablest counsel of the State, and looked to the
interests of the State, goes over the whole
subject carefully; and I think that their con.
elusions are entitled to more consideration
by the house than the proposition of the gen-
tleman from Allegany. Other things being
equal I am disposed to favor the report of
the committee, because, so far as the question
of economy is concerned, I think the original
report has the advantage in that respect over
the gentleman's proposition.
If we adopt that we reach the important ob-
ject, that we have a judge, although elected
by a judicial circuit, resident in each one of
the counties of the State, Looking to it in
that light, I prefer the report as originally-
presented to this convention. This whole
question about the cost and the expenditure,
and who shall pay the cost of this judicial
1 system, is one in which I think the whole
State of Maryland is equally concerned, one
section as much as another. So far as any
effort is concerned to confine the payment of
the expenditures of this system to the lo-
cality, I think it is unjust to the whole State
and particularly to the city of Baltimore.
The citizens of Baltimore will see that their
interests are as much involved in the efficient
administration of justice in the counties as
in their own city. And if they look at it in
that light, it seems to me that they will not
hesitate on account of the expenditure of a


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1556   View pdf image (33K)
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