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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 746   View pdf image
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746
Even if the present Chancellor should be con-
tinued, the work could hardly be finished in five
years.
if he was to try a case every day, he could not
finish them in two years; but Chancery suits
could not he got ready in that regular way. The
ordinary life time of a Chancery suit was from
six to eight years, arising from the death of par-
ties and other causes. There were so many par-
ties, they were continually dying. By the time
the representatives of one who had died could be
ready, another one would die, and thus the time
would be prolonged. Besides, lawyers could not
be induced to give up their business in other
courts, and to concentrate it upon the Court of
Chancery, merely to wind up the business of that
Court. And, then, what was to he done with the
records ? Were they to be scattered in fragments
all over the State of Maryland ? In nine cases
out of ten, the cost of hunting them up, as the
evidence of titles, which depended on them,
would be more than the property would beworth.
He should vote against the amendment, and should
consider the State of Maryland very fortunate if
they could close up the business in five years.
Mr. HOWARD said that a little arithmetic would
show that even the liberal allowance made by
the gentleman from Baltimore would not close up
the business. There were 2000 cases on the
docket. In two years, excluding Sundays, there
would be 600 days. The Chancellor then would
be obliged to dispose of three cases per day, every
day in the year, except Sunday. It was utterly
impossible to do this, if any such care and cir-
cumspection was used as ought to be used. What
would be the consequence? The new judiciary
system was expected to keep pace with the wants
of the community; but here it would be encum-
bered, almost at the very outset, and loaded
down with these superannuated cases which had
been standing a quarter of a century. The sys-
tem might be amply sufficient for the current
business; but as the United States some years
ago distributed its surplus revenue, it was now
proposed to distribute this load of debt among
the different courts; and it might utterly prevent
them from properly discharging their duties. He
did not consider five years as any too long to wind
up the business of the Chancery Court.
Mr. PHELPS said that he had been for a long
time an opponent of the Chancery Court. But
if the business could now be sent to the different
counties without great inconvenience and injus-
tice, it would not be necessary for the Chancery
Court to remain in session for a single day. It
certainly could not dispose of its vast amount of
business in two years; and any reason which
would justify its continuance for two years, would
require its continuance for a time sufficient to
close up the business. At an early period of the
session, he had submitted an order requiring the
Register of Chancery to transmit to this body a
list of the number of cases then on the docket
the years in which they originated; and the
counties to which they belonged. The reply
showed that there were 2000 cases yet untried
It would be better to abolish the court now than
two years hence. And if any time at all was to
be allowed to wind up the business, five years
would be none two much.
Mr. GRASON said that gentlemen in the western
part of the State had not been in the habit of re-
sorting to the Chancery Court, and took but little
interest in the numerous cases which remained
unlitigated there. But if five years were allowed
for winding up the business, the Chancellor would
be obliged to dispose of at least one case and a
half each day. He would not be able to close it
up entirely; but there would be comparatively
few cases remaining, and these could readily be
transferred to their respective local jurisdictions.
There was another difficulty in closing them up
in two years. A great many of the parties had
been at considerable expense in employing coun-
sel, who were now-attending to these cases. If
they should be transferred to other courts, new
counsel must be employed, and the cases must be
commenced de novo, at an increased expense.
The sum of $9000, the difference in the expense
between two years and five, would be entirely
out-weighed by the advantage of continuing the
court.
Mr. RANDALL said that the receipts from the
Chancery Court were $2100 per year; so that the
actual cost was less than $1000. The expense
of the court was less than one-third what gentle-
men had considered it.
Mr. JOHN NEWCOMER moved that the question
be taken by yeas and nays ;
Which being ordered,
Appeared as follows:
Affirmative—Messrs. Dalrymple, Bond, Bell,
Welch, Sherwood, of Talbot, Colston, John Den-
nis, James U. Dennis, Dashiell, Constable, Cham-
bers, of Cecil, McCullough, Miller, Bowling,
Dirickson, McMaster, Hearn, Jacobs Shriver,
Gaither, Biser, Annan, McHenry, Nelson, Carter,
Thawley, Hardcastle, Sherwood, of Baltimore
city, Ware, Schley, Fiery, John Newcomer, Har-
bine, Michael, Newcomer, Brewer, Weber, Fitz-
patrick, Smith, Parke, Shower, Cockey and
Brown—42.
Negative— Messrs. Ricaud, Pres't, p. t., Mor-
gan, Blakistone, Hopewell, Lee, Chambers, of
Kent, Donaldson, Wells, Randall, Kent, Sellman,
Weems, Howard, Buchanan, Williams, Phelps,
Bowie, Tuck, Spencer, Grason, George, Wright,
Fooks, Stephenson, Magraw, Gwinn, Stewart, of
Baltimore city. Brent, of Baltimore city, Neill,
Waters. Anderson and Hollyday—33.
So the amendment was adopted.
The question then recurred on the adoption of
the substitute offered by Mr. RANDALL to the 25th
section, as follows:
"The present chancellor and the register in
chancery, and in the event of any vacancy in
their respective offices, their successors in office
respectively, who are to be appointed as at pre-
sent by the Governor and Senate, shall continue
in office, with the powers and compensation as at
present established, until the expiration of five
years after the adoption of this Constitution by
the people, and until the end of the session of
the Legislature next thereafter, after which pe-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 746   View pdf image
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