from 1806 to 1851 137

half of the century the court had one copy of the
record and one copy of the brief of facts and
points of counsel as an extra aid to it, in addition
to the full oral argument which was the main
dependence of the judges.

Until 1826, there was no limit placed upon the
length of oral arguments, on either shore; in that
year a limit of six hours for each argument was
fixed by rule of court on the Western Shore, where
the amount of business was much the larger, and
that limit remained until 1851. On the Eastern
Shore a limit of five hours was adopted at the
June term, 1849, immediately after three days of
argument by five counsel in all, in a case of Mas-
lin v. Thomas.¹⁰ Of course these limits left coun-
sel abundant time for the fullest presentation of
a case, and the utmost of enlightenment to the
court; and doubtless such men as Pinkney,
Winder, Taney and Wirt usually gave the court
the fullest presentation and enlightenment possible
as they traced the way through the facts and prin-
ciples to be considered. But long argument was
not always long enlightenment, even with these
men. Wirt said of Pinkney in 1824: 1¹

On a great occasion in Annapolis I heard him speak for three
days. On the first day, two or three hours were in his best
manner; the rest of that day, and the whole of the following
two, were filled up with interminable prolixity of petty com-
mentary upon one or two hundred cases. The Court, bar and
everyone were tired to death.

The times tended to make dramatic performances
of lawyers' arguments, and there was no little
straying beyond relevancy in performing the part

10. 8 Gill, 18.

11. Kennedy, Life of Wirt, II, 179.