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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1558   View pdf image (33K)
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1558
When their names were called,
Mr. ABBOTT said: it was my opinion that it
was not proper for this convention to make
any change in its judiciary system, except
perhaps to make one more district for Balti-
more county, that county having a large ac-
cession of population; hut inasmuch as it
seems to be the desire of so many members
of other counties that there should be a fur-
ther change, and as this system seems to be
the best that is offered, I vote "aye."
Mr. BOND said: As the proposition of the
gentleman from Allegany approximates as
nearly as any other to what I desire, I am
very much inclined, in a spirit of compro-
mise, to vote " aye."
Mr. CHAMBERS said: Believing this to be
the best system which it will be the disposi-
tion of this house to furnish the State, I
take this rather than incur the hazard of get-
ting a worse one, I therefore vote "aye."
Mr. KING said: I rather look upon this as
a compromise than anything else, giving an
additional district to Baltimore county which
has had such an influx of population, and I
vote "aye."
Mr. MILLER said: I believe this to be the
best thing we can get, and if we do not get
this we shall get something worse, I there-
fore vote "aye."
Mr. NEGLEY said: I should have preferred
the section as reported by the committee, but
as indicated by the vote of the convention
this morning, I think that is unattainable in
any shape or form. As the nearest approx-
imation to that system, and as being calcu-
lated to remedy in part at least the evils of
the present system, I take this as the next
best, and vote "aye."
Mr. SCHLEY said: The existing judicial sys-
tem of the State answers the purposes of the
constituency which I represent. I am sure
that an alteration giving Baltimore county
a separate judicial district would meet the
wants and wishes completely of that district.
We do not want any change. I believe on
account of the increased cost of all the ne-
cessaries of life, that the people of my county
and district are willing and desirous to in-
crease the salaries of the judges above what
is at present allowed by law; but they
would with marked reluctance accede to any
such increase if the multiplication of the
number of the judges was so great as to make
it an onerous burden to pay them. This is
one reason why I proposed that every county
desiring a judge should pay the expense of
that judge. I wish to say on the pending
question that I prefer the proposition of the
gentleman from Allegany very much to the
report of the committee, but I do not like it
as much as. the present system with the
amendment I have indicated. Believing,
however, that there is no chance of getting
anything better, in the temper of the conven-
tion, or anything more accordant with the
views I entertain, I vote "aye."
Mr. THOMAS said: I came to this convention
under the impression that the only alteration
or change required in the judicial system was
to erect Baltimore county into a separate
circuit. Feeling satisfied, as I do, from the
vote of this convention that the counties
desire separate circuits formed for some of
them, I feel constrained to vote for this pro-
position "aye."
Mr. TODD said: After much deliberation 1
would have preferred the system reported by -
the committee. Believing it impossible to
get that I shall vote for this proposition as
the best we can do. I vote "aye,"
The amendment of Mr. HEBB) creating
thirteen judicial districts, was accordingly
agreed to.
Mr. THRUSTON. I move to add the follow-
ing:
"And the general assembly may from time
to time increase the number of such judicial
circuits, if the public convenience and inter-
ests require it."
1 will merely say in advocacy of that
amendment, that it may be along lime be-
fore we have another convention to change
the constitution, and that various portions of
the State may increase very largely in popu-
lation, business, &c. I think it would be
prudent lo give the legislature that power.
1 do not see any harm that can possibly arise
from it. I think it is nothing more than en-
abling the legislature to conform to the in-
crease of population.
Mr. AUDOUN. I will suggest to the gentle-
main to use the words " alter or increase."
Mr. THRUSTON. I have no objection in the
world to that.
Mr. SANDS. This word " alter," now in
the amendment, seems to me not precisely a
proper one, because the constitution provides
tor ifs own amendment in this respect as in
others. If ten or twelve years hence we want
another judge, all we have to do is to say so.
But if we leave it to the legislature to be
constantly altering the circuits, we shall have
judges elected and ousted from their position,
and at almost every meeting of the legisla-
ture there will be some change. As the ne-
cessity is provided for by the facility with
which the constitution itself can bealtered or
amended, I think ft is better to let it stand as
it is. It is hardly proper to leave the judi-
ciary system to be remoulded and remodelled
by every legislature. One legislature will
be democratic and will remodel and re-
mould to suit their views. The next may
be of some other politics, and may remodel
and remould to suit theirs. I think it
would be very unwise to make this a sub-
ject over which party politics could have any
jurisdiction.
Mr. THRUSTON, I will merely say that the
word "increase" necessarily implies the right


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1558   View pdf image (33K)
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