It was well known that the existing rate of
fees, was changed under the act of 1826. There
was great complaint among the people of the
counties, that these fees were too large, and of
so complex a nature as to be not easily under-
stood. That another and better mode might be
adopted by the Legislature in place of salaries for
Clerks, he had no doubt. They could say that
the parties bringing the suit shall pay so much, so as
not to reduce the fees to such an amount as to ren-
der the office of Clerk worthless, but to keep
them up to such a standard as would secure the
services of competent clerks His friend from
St Mart's, (Mr. Morgan,) at the last session of
the Legislature, reported a bill which he did him
the honor to submit to him, and which he ap-
proved of, and which, if carried out by this body,
would remedy the evil, without inflicting wrong
upon any clerk. The people desired to know
with certainty, when they commenced litigation,
how much they would have to pay in the form of
fees, &c., and if they would make them certain,
they would be satisfied. He did not mean to say
that the clerks got too much, for in some counties
they received too little.
He would vole for the motion to reconsider,
and if the motion should be carried, he would
move to strike from the proposition the words,
"clerks of county courts," so as to make it ap-
plicable only to Registers of Wills.
Mr. DAVIS desired to correct the statement of
the gentleman from Baltimore county, [Mr.
Ridgely,] that he, [Mr. D.,] was opposed to the
reduction of the fees of clerks and registers.—
The gentleman had misunderstood him. His re
mark was, that if the Convention thought proper
to adopt the proposition of the gentleman, he de-
sired to secure the excess, if any, to the county
or city, where it accrued. But he had great
doubts as to its expediency,
Mr. GWINN did not comprehend the full force
of the argument of the gentleman from Prince
George's, (Mr. Bowie.) The sole question in
his, (Mr. G's.,) mind was this: Whether, under
the present system, the clerks of the county
courts and the registers of wills, were not paid
more than was sufficient to remunerate the ser-
vices performed. If this were true, it was proper
to enjoin upon the legislature the adoption of
some more equitable system.
Mr. BOWIE explained, that he said that he did
not see the propriety of laying taxes on the peo-
ple, for the purpose of pulling money into the
treasury, to be paid out again,
Mr. GWINN said:
That he was not now speaking us to the dis-
position of surplus fees, but as to the method of
of compensation, though he might assume that
the surplus money would be of more advantage
to the public, if paid into the common treasury,
than into the pocket of the clerk. As matters
now stood, it was certain that some officers were
overpaid. He had good reason to believe that
the. office of clerk in Baltimore county court,
was worth about six thousand a year; and that
the office of register of wills approximated in
value to the same sum. So loo, the office of |
clerk of Baltimore city court was scarcely infe-
rior in value and according to common belief.
It was true that the system, under which these
officers derived their emoluments, was uniform
throughout the State, yet it paid to them a sum
far beyond what was required to furnish the re-
quisite ability, industry, and integrity for the of-
fices in question. What was the remedy? The
only mode would be to let the legislature fix a
salary, justly proportioned to the services perform-
ed, and make such a disposition of the surplus
fees as they might think proper.
Was he to be told that the fifteen hundred dol-
lars was an abundant compensation fur the
register of wills in Somerset county, under the
present fee system, where the same amount of
business talent and integrity was required—but
that the same officer in Baltimore, lor the per-
formance of the same duties should receive five
times the compensation? It was altogether out
of reason. The continuance of this system had
done more to excite a feeling in Baltimore city
and the counties against the present Constitution
than almost any other abuse. It was a scandal
upon our laws that offices of a character so subordinate
within the limits of the State of Mary-
land, should pay a larger compensation than was
given to the highest functionaries under the Constitution
of the United States.
He could see no distinction between the office
of Register of Wills, and that of Clerk to the
County Court. The suitor had the same interest
in the Orphan's Court as in the County Court;
nor could he see any reason, why the pay of the
Register of Wills should be charged upon the
public treasury, while the fees of the County
Clerk should be paid by individual suitors. In
flue, the sum of the argument was that a man
should be paid in proportion to the services ren-
dered the State. The Governor received salary
only. The judges, chosen tor their superior
knowledge and integrity, were remunerated in
the same way—what possible reason was there,
why a mere desk, whose duties were chiefly mat-
ters of manual detail and office experience, should
be lavishly rewarded by a system of taxation; the
necessary tendency of which was to multiply the
forms of office?
He was in favor of the proposition of the gen-
tleman from Baltimore county, because he thought
it embraced all that could be desired. It would
do more to procure a speedy and suitable econo-
my in the administration of State affairs, and
make the Constitution more popular, than any
article which they had engrafted upon it.
Mr. MORGAN said:
That this subject had for a long time engross-
ed public attention, both anterior and subsequent
to the passage of the act of 1826. and no remedy
to correct the grievances complained of had yet
been applied, it had claimed the attention of
the Legislature last winter, and the conclusions
he had come to then, upon an examination of the
whole question, were different from those con-
tained in the section of the Constitution, which
had been adopted by this Convention, and now
I asked to be reconsidered. The latter clause of |
