The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1873-05-10
DIR JUDICIAL SYSTEM,

In the preamble to the present consti-
tuition of Maryland, the Declaration of
Rights, we read in Article 10, "that
every man for any injury done to him
in his person or property, ought to have
remedy by the course of the law of the
land; and ought to have justice and
right freely without fail, fully without
any denial, and speedily without delay,
according to the law Of the land"
This is we'll said, for every man is
entitled to have justice speedily with
out delay" for injury in person or pro-
perty, for unless justice is speedy, it is
little better than no justice at ALL
There can be no fault found with Arti-
Gle 10, therefore. Its principles are
founded in wisdom; and its language
clear, bold, unmistakable. But when
we contrast the pretentious declarations
in the constitution with the practice in
our courts, the question arises-was
this intended by the Democratic Con-
vention of 1867 as satire on the work
of that honorable body? for we assert
without fear of successful contradic-
ton, that the judicial system, by which
every man was to have Justice and
right, freely without fail, fully without
any denial, and speedily without delay"
amounts in practice to denial Of JUS
tice and the ruin of the sutton. But
the system has its merits, and the chief
of these merits was the providing places
and fat-salaries for many learned bar
rister, who found it uphill business to
make decent living by practice at the
bar. This is not party question and
we do not speak Of it in partisan
spirit, although the constitution of 1861
served little else than party purposes.
1t is an evil which is universally con-
planned of, and at every returning ses-
sion of the court, with its vexatious
delays, the complaint is growing louder,
and the feeling more intense against our
three judge system. Every man who
is unfortunate enough to have a suit in
the circuit court of this county-and
we presume the case is similar in other
counties of the State-knows, or if
ignorant at first, soon will learn that
justice with US is not "speedy" The
injured party brings action in our court,
in the full expectation of having his
wrongs redressed WITHOUT DELAY, for
it is so declared in the Bill of Rights,
but then to him ensues search after
the speedy" justice, q trial which
"patience on monument" could not
endure. With his witnesses at great
expense he attends the session, and
innocently perhaps, with confidence in
the uprightness of his cause, awaits for
that promised justice, which in the title
page of the constitution of Maryland,
breathes, or seems to breath, the very
essence of true wisdom; but alas! he is
doomed to disappointment for at the
end of two or three weeks attendance at
court, and the neglect of his business
If farmer, his crops are all the while
suffering-he is told that the court
must adjourn, to attend the regular
term, which is about to commence in
Caroline or Talbot, or Kent county.
Our friends case was not reached,
and the same luxury Of long delay for
speedy" justice is before him at the
next term, and the next ad infnitum,
until the array of witnesses who were
to demolish his opponent, have demol-
ished him. We ask the people of Cecil
county if this is an overdrawn picture
If they, on the contrary, have not
known many such cases?
If we were disposed to treat the
question in partisan spirit, we might
point to the system established by the
Republican Convention of 1864. Under
that system, when the circuit court for
Cecil county adjourned, every case
ready for trial had been tried. Suitors
were sure of having their cases disposed
of, and if they were beaten, they had
the satisfaction, at least, of knowing
the worst and having the expense
stopped. Parties were not harassed
attending court at cost equal to the
amount of an adverse verdict, and yet
we had but one judge, and one salary
to pay out of the treasury. That one
judge received $4,000 per annum. We
pay now $500 to chief judge and
$4,000 each to two associate judges.
In these days justice has become one Of
our most expensive luxuries.
The people were told in the canvass
preceding the popular vote on the pres
ent constitution, that the three judge
system possessed great merit in the
fact that we would have a resident
Judge, and the utmost facilities, conse-
quently would be accorded to judicial
business in our county.
Under the constitution of 1851, there
were Baltimore, Hartford and Cecil coun-
ties in this circuit, with Judge Price on
the Bench, when more business, and
business of more Importance, was trans
acted, than is before the courts to-day
of the entire Eastern Shore of Mary
land, and yet ONE judge at salary of
$4,000 presided and disposed of it all.
Every case ready for trial was tried,
and in the main, we believe satisfac-
torily; and no man was dragged to