University of Baltimore Law Forum Volume 27 Article 2 Number 2 Spring 1997 1997 Commemorative Histories of the Bench and Bar: In Celebration of the Bicentennial of Baltimore City 1797-1997 John Carroll Byrnes Former Associate Judge, Baltimore City Circuit Court Follow this and additional works at: http://scholarworks.law.ubalt.edu/lf Part of the Law Commons Recommended Citation Byrnes, John Carroll (1997) "Commemorative Histories of the Bench and Bar: In Celebration of the Bicentennial of Baltimore City 1797-1997," University of Baltimore Law Forum: Vol. 27: No. 2, Article 2. Available at: http://scholarworks.law.ubalt.edu/lf/vol27/iss2/2 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Forum by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. Articles COMMEMORATIVE HISTORIES OF THE BENCH AND BAR: IN CELEBRATION OF THE BICENTENNIAL OF BALTIMORE CITY 1797-1997 by The Honorable John Carroll Byrnes INTRODUCTION under the guidance of the History Project of the Baltimore Courthouse and Law Museum Foundation, his year, the City of Baltimore celebrates the and has been developed with the talent and enthusiasm Ttwo hundredth anniversary of the official of many people.2 recognition of "Baltimore-Town" as a city with the internal power of self-governance. In commemoration of the City's bicentennial, the University of Baltimore a discussion of Maryland's federal judiciary by Francis 1. School of Law and the Law Forum are pleased to offer Gorman, Esquire, (including a list of all judges who have served on the U.S. District Court for the District of Maryland). these excerpts from Commemorative Histories of the 2Those who have served as researchers, writers, and editors at Bench and Bar in Celebration of the Bicentennial of various stages of the project are: Kenneth B. Abel, Esquire; Baltimore City, 1797-1997, as a tribute to all of those Kimberly A. Aller; Honorable Solomon Baylor; Marsha D. who helped forge our City's rich legal heritage. Bolton, Esquire; Valerie W. Collins; E. Scott Conover, Jr., Commemorative Histories should also serve as a Esquire; Joseph P. Corcoran; Matthew J. Daneker, Esquire; reminder to those who are presently involved in the Daniel Friedman, Esquire; Honorable Lewyn Scott Garrett; Honorable John M. Glynn; Joan Bossmann Gordon, Esquire; practice, purveyance, or study of the law that their Francis 1. Gorman, Esquire; Michael E. Greene, Esquire; Eric R. endeavors may one day be recorded by future genera­ Harlan, Esquire; Yanick T. Hazlewood; Kelly C. Huckno; Cass tions of Baltimore citizens as they reflect upon the L. Jones, Esquire; Robert B. Kershaw, Esquire; Sloane Fried accomplishments of their predecessors. Kinstler, Esquire; Jill D. Loper, Esquire; Jeffrey W. Maddrey, Commemorative Histories has been a collabora­ Esquire; Hugh 1. Marbury, Esquire; Kathleen M. Maynard; William Alden McDaniel, Jr., Esquire; John W. McGlynn; David tive effort of the Baltimore Courthouse and Law R. Moore, Esquire: Daniel P. Moylan, Esquire; Heidi A. Moylan, Museum Foundation, the judges of the Circuit Court Esquire; M. Brooke Murdock, Esquire; Eileen O'Brien, Esquire; for Baltimore City and the Bar Association of Eugenia Reed Oshrine; David A. Prichard, Esquire; Robert E. Baltimore City. It is not a complete history, but a col­ Sharkey, Esquire; Jennifer L. Sites, Esquire; Ashley E. Spencer; lection of monographs which, together, present an and Leslie S. Winner, Esquire. informative mosaic of the life of the law in our City's Invaluable consultation was provided by Professor Garrett history. I The writing of the history began in 1991 Power; Edward C. Papenfuse, Ph.D., State Archivist, Maryland State Archives; Patricia V. Melville, Director, Reference Services, Maryland State Archives, Hall of Records; Honorable 'Commemorative Histories ofthe Bench and Bar in Celebration Robert B. Watts; Honorable David Ross; Honorable Robert I.H. of the Bicentennial of Baltimore City (J 797-1997) consists of Hammerman; Honorable Joseph H.H. Kaplan; Honorable Robert several informative papers. Only excerpts of some are included L. Karwacki; Honorable David Mitchell; John Sondheim, here. Among those not excerpted are a discussion of the recently Director of the Maryland Room of the Enoch Pratt Free Library; established administrative judge position by Eric R. Harlan, Harry S. Johnson, Esquire; Honorable John R. Hargrove; Esquire, the fIrst published list of every judge who has served the Honorable George L. Russell, Jr.; Honorable James F. Schneider; citizens of Baltimore City from 1715 until the present time, a list General Philip Sherman; George W. Liebman, Esquire; of all clerks and administrators of the Supreme Bench/Circuit Honorable Robert F. Sweeney; Honorable Kathleen O'Ferrall Court of Baltimore City, a list of all chief judges and Friedman; Honorable William H. Murphy, Sr.; William W. administrative judges of the Supreme Bench/Circuit Court of Cahill, Jr., Esquire; Dr. Jeffrey K. Sawyer, Director of Legal and Baltimore City from 1867 until the present, a history of the Ethical Studies, Department of History and Philosophy, District Court of Maryland by District Judge John M. Glynn, and University of Baltimore; and Avery Aisenstark, Esquire, Director 27.2 U. Bait. L. F. 5 Articles Excerpts from the following segments of property, Charles Carroll had the first choice of lots, Commemorative Histories are included in this article: and he selected a spot near the northeast comer of the (l) The Evolution of the Circuit Court for Baltimore basin and Calvert Street.s City; (2) Our Courthouses; (3) The Baltimore City Court and the African-American Lawyer; and (4) A B. The Development of the Courts Brief History of the Women of the Baltimore Bar. The development of county courts began with the THE EVOLUTION OF THE CIRCUIT establishment ofthe Kent County Court in 1638, when COURT FOR BALTIMORE CITY the General Assembly passed a law "establish[ing] 1632-1997 courts for the geographic areas known as St. Mary's and Kent Island."9 This marked the beginning of I. THE COLONIAL PERIOD courts with separate geographical jurisdictions in A. The Beginnings of "BaItimore-Town" Maryland. Thereafter, county courts were founded in each county at the time the counties were organized. 10 In 1729, the Maryland General Assembly autho­ Originally, the county courts and the Provincial rized the purchase of sixty acres of farmland in what Court had overlapping and complementary jurisdiction was commonly called Cole's Harbor3 for the erection over civil matters. II The Provincial Court, however, of a town.4 The land was to be apportioned into sixty consisting of the governor sitting as chief judge with lots of one acre each, and all subdivisions of that land his council of associate justices, 12 clearly had superior were to be recorded with the Clerk of the Baltimore authority. In 1773, the county courts were granted County Court.5 This was the beginning of what is now concurrent jurisdiction with the Provincial Court over Baltimore City. criminal matters. 13 The property upon which "Baltimore-Town" was By 1768, the town of Baltimore had grown in founded belonged to Charles Carroll and his brother Daniel. The commissioners of the new town agreed to BSee SCHARF, supra note 3, at 53. 6 pay the Carrolls forty shillings per acre. As originally 9ELBERT M. BYRD, THE JUDICIAL PROCESS IN MARYLAND 2 laid out, the town extended from Gay Street on the (1961). On December 30, 1637, Captain George Evelyn was east to Liberty Street on the west. The waterfront granted the position of Commander for Kent Island, and this year etched out the southern border of the town, while an is often cited for the actual beginning of the County Courts. See irregular line near Lexington and Fayette Streets, VIII Md. Arch xi. It was not until 1642, however, that the geographic areas known as St. Mary's and Kent Island were marked its northern boundary.7 As prior owner of the given autonomous powers as counties, and so the name "County Court" might not properly be used to describe the first years of Captain Evelyn's court. See id. of Legislative Reference of Baltimore City. IOMarilyn L. Geiger, The Administration ofJustice in Colonial 3Cole's Harbor was what is known today as the Inner Harbor, or Maryland, 50 (Ph.D. Dissertation, 1973). New York: Garland, Baltimore Harbor generally. See 1. THOMAS SCHARF, HISTORY 1987. Other county courts that were established at the same time OF BALTIMORE CITY AND COUNTY 46, 48-49 (Regional the counties were organized include: Anne Arundel, 1650; Publishing Co., 1971). Calvert, 1654; Charles, 1658; Baltimore, 1660; Talbot 1662; 4See 1729 Md. Laws 12. Somerset, 1665; Dorchester, 1668; Cecil, 1672; Prince George's sSee id. An act of 1745 added land to Baltimore-Town. Jones­ 1695. Town, across the Falls River from Baltimore-Town, was joined "See NEWTON D. MERENESS, MARYLAND AS A PROPRIETARY with Baltimore-Town, encompassing what is today known as PROVINCE 232 (John E. Edwards, pub. 1968) (1901). Fell's Point. See 1745 Md. Laws 9. 12See id. at 229. 6 See SCHARF, supra note 3, at 51. 13Gust Skordas, Maryland Government: 1634-1866, in THE OLD 7See FRANK D.THOMAS, MONOGRAPH OF THE NEW BALTIMORE LINE STATE: A HISTORY OF MARYLAND 308, 323 (Morris Radoff, COURTHOUSE (Baltimore, A. Hoen & Co., 1899). ed.1971). 27.2 U. Bait. L. F. 6 Articles population and prominence and had replaced Joppa as commission for a Court of Oyer and Terminer20 and the seat of Baltimore County.14 For the first time, Gaol Delivery21 for Baltimore County, as authorized Baltimore-Town hosted a court, the Baltimore County by a law passed in 1793.22 The county seat of Court, which heard both civil and criminal cases.