could hardly be elected always on the gen
eral election day.
Mr. HEBB. It will be necessary either to
change the term to fourteen or sixteen years
or to have elections in the year when the
county officers are elected.
Mr. STOCKBRIDGE. This section is among
the provisions relating to circuit courts. The
whole difficulty will be obviated if the wore
''circuit" is inserted before the word "courts.
The PRESIDENT. Is the case of the death
resignation, &c., of justices of the court of
appeals provided for elsewhere?
Mr. CHAMBERS. Why not wait until the
general election, and let the governor's ap-
pointee remain in office until then?
On motion of Mr. STIRLING, and by unan-
imous consent,
The second line was so amended as to read
"of a judge of any court;" and the fifth line
so as to read, " the next general election
thereafter, whether for members of the gen-
eral assembly or county officers,"
On motion of Mr. STOCKBRIDGE, and by
unanimous consent,
The section was transferred to part 1, to
come in after the 11th section.
CIRCUIT COURTS.
Mr. STOCKBRIDGE. I observe in the 19th
section a slight inaccuracy, like that of my
friend from Anne Arundel (Mr. Miller.)
Since this matter was brought before the
convention my attention has been called to
it, and I am assured that the first three cir-
cuits might without any injury to the busi-
ness be consolidated into two: St. Mary's,
Charles and Prince George's, the first; and
Anne Arundel, Calvert and Montgomery,
the second. I am not sufficiently familiar
with the business of those counties to speak
of my own knowledge, and do not profess to
do so. But if that statement be correct,
gentlemen here may know it; and if they
can be consolidated it will save one judge.
I therefore call attention to it.
The 19th section as adopted on the second
reading, was as follows :
"Sec. 19. The State shall be divided into
thirteen judicial circuits, in manner follow-
ing: The counties of St. Mary's and Charles,
shall constitute the first circuit.; the counties
of Anne Arundel and Calvert, the second;
the counties of Prince George's and Mont-
gomery the third; the county of Frederick,
the fourth; &c.
Mr. MILLER. I hope the gentleman will
move to open the section for the purpose of
making that amendment. I know that our
friends from Prince George's are anxious
that it should be done. We desired a judge
for each county; but failing in that I am
satisfied that the judge of the lower district,
St. Mary's and Charles, would have very
little to do; and the judge for Anne Arun-
del and Calvert may very well have attached |
- to his circuit, I think, the county of Mont-
gomery.
3 Mr. STOCKBRIDGE. Distinguished citizens
of those counties have assured me so; and
that is the reason I called attention to it,
thinking that if we could save the expense of a
judge, it was an item worth considering, I will
now move that these three circuits be so con-
solidated that St, Mary's, Charles and Prince
George's shall constitute the first, and Anne
Arundel, Calvert and Montgomery, the se-
cond.
Mr. ABBOTT. What do they expect to do
when they get a population of forty, fifty, or
sixty thousand inhabitants? These circuits
must remain until the constitution is altered.
Mr. MILLER. When we get that large
number I hope we shall throw this constitu-
tion aside.
Mr. CUSHING. The gentleman from Prince
George's said when the subject was before us
on the second reading, that it was almost
impossible for the business to be done; that
be had known in the winter season of men
lying in jail six months at a time; and that
justice could not be rendered in that circuit
on account of its extent. Now it is proposed
to put the circuit back, when we have di-
minished it on account of the representation
of gentlemen from Prince George's, that jus-
tice could not be done, and that men were
lying in jail six months at a time, and again
to make it what the gentleman from Prince
George's considered monstrous and unjust.
Mr. PARRAN. I hope the report will not
be opened. As a member from Calvert
county, I am very well satisfied with the
present arrangement. If to gratify the gen-
tlemen from Prince George's, they are to go
back to the old circuit, what becomes of
Montgomery? As a necessary consequence,
it must go back to Anne Arundel and Cal-
vert, or else make a separate circuit. I do
not presume it is intended to make that a
separate circuit, the object being to reduce
the number of circuits. Montgomery there-
fore is to be put in the circuit with Calvert
and Anne Arundel. I think the present ar-
rangement is beter; and I hope the con-
vention will not open the report.
The motion was not agreed to.
ORPHANS' COURT.
By unanimous consent the 26th and 27th
sections were transposed.
The 27th section having been read,
Mr PUGH moved to amend by striking out
the words, ' at the time of his election," in
the 16th line, and transposing the last two
clauses of the section, so that the words " to
be paid by the said counties and city respec-
tively," should be inserted next after the
word "compensation."
The latter portion of the section, as adop-
ted upon the second reading was:
' 'No person shall be elected judge of the |
