Now, with regard to the Criminal Court, it is
proposed to give one judge to that court, that in
reference to the prompt discharge of his import-
ant functions, he may proceed with the prompt-
ness and energy which belongs to individual
action.
In regard to the saving of the expenditures of
the public money, we ask you to establish a Po-
lice Court, that important arm of civil govern-
ment—which, from its ready and efficient action,
Is calculated to insure the public tranquillity.
We desire that the arm and authority of the
various courts shall go, day by day, hand in hand
with the power of the municipal government, to
protect all our rights. These powers are derived
from the people; the object of their aim should
be peace and good order, and we propose to in-
vigorate their exercise by the discipline of law.
There is therefore no increase of judges. We
have five judges now, two in the criminal and
three in the county courts. In reference to the
police court, I am entirely willing that an amend-
ment shall he made, that the judge of that court
shall be paid out of the city treasury.
I have made these remarks, and speak from ex-
perience. It is a matter of indispensable interest
that this boon should he granted to us by this
Convention. I hold, with my colleague, that if
the present system continues, there will be no
docket, and that the happy time will come, looked
forward to by my friend from Washington county,
in one of those rapt and joyous visions of his pro-
phecy, when there will be no occasion fur law-
yers. There is now an absolute denial of justice,
and time and again have applications been made
to me with regard to some changes in this sys-
tem, upon the ground that until such changes be
effected, it was idle to speak of courts of justice,
They are mere words of promise to the ear, but
the hope has withered. I withdraw my amend-
ment.
Mr. HOWARD. I make a motion to postpone
the further consideration of this subject, and I do
it for the purpose of throwing out a suggestion.
It appears to me that we had better first ascer-
tain whether the high court of chancery is to be
continued. If it is not, then I will go with the
gentleman from Baltimore city to established a
chancellor there. But if the present chancery
court is to be discontinued, then they can transact
their business in that court. I believe, from
the indications around us, that it is the desire of
this Convention to abolish that court, I am will
ing to see it continued. My suggestion is, that
I would propose to take a distinct vote of the
Convention whether the chancery court shall
be continued or not; and after that is ascertained,
we shall then be able to go on and apportion this
power among the judges there with more judg-
ment than when this question is in a state of on
certainty. If I make such a motion, and it should
prevail, I will lay on the table a resolution merely
expressing that the chancery court shall be continued,
as it at the present time exists. That is
my opinion, but I think that a majority will decide
otherwise. After this is decided we can ascertain
whether it is necessary to establish a new chan- |
cery jurisdiction for Baltimore or not. I make
this motion to pass over the consideration of this
section for the purpose of taking up a resolution
which I shall send to the Chair that the court of
chancery shall continue as it now exists.
Mr. SPENCER. We can turn to the 26th section
and take it up.
Mr HOWARD. Does that section provide for it?
Mr. SPENCER. It does.
Mr. HOWARD. Then I move to pass by this
section informally for the purpose of taking up
the section named by the gentleman from Queen
Anne's.
Mr. MORGAN. I think the chairman of the
committee (Mr, Bowie) would like to be present
when that subject comes up. He did not expect
that it would be taken up to-day, or he would
have been present.
Mr. HOWARD. We had better ascertain wheth-
er a majority ii in favor of the abolition of the
court or not.
The question was then taken on the motion to
postpone the further consideration of the section,
and it was decided in the affirmative.
So the consideration of said section was post-
poned.
The Convention then proceeded to consider the
25th section, winch was lead as follows:
Sec. 25. No new original bill shall be filed of
received in the high court of chancery of this
state from and after the ratification of this con-
stitution by the people of the state, nor shall any
cause be removed from any other court in the
state to the said court of chancery, from and
after the said ratification; but all causes and
proceedings now pending, or which may be pend-
ing in the said court of chancery at the time of
the said ratification, shall be heard, determined
and proceeded with, by the present chancellor
or his successor in office, until they shall be
brought to a final close, provided the same be
done in five years from the time of said
ratification, and at the end and expiration of said
five years from the time of said ratification, or
sooner, if the business in said chancery be sooner
disposed of, the office of chancellor of this state,
and the office of register in chancery, shall be,
and they are hereby abolished. The present
chancellor and register in chancery, and in the
event of any vacancy in their respective offices,
their successors in office respectively to be ap-
pointed as at present, by the governor and sen-
ate, shall, during said five years, or other shorter
period, receive the same salary and compensa-
tion which they now receive. The legislature
shall provide, by law, for the recording, safe
keeping, or other disposition of the records, de-
crees and other proceedings of the said court of
chancery at the end and expiration of said five
years or other shorter period, and for the trans-
mission to the several counties of the state and
the city of Baltimore, of all such causes and pro-
ceedings in said court as may be then undisposed
and unfinished, in such manner and under such
regulations as may be deemed necessary and
proper.
Mr. HOWARD moved to strike out the section, |
