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After some debate, in which Messrs. Kilbourne, Wickes,
McKaig, Archer and Maulsby participated, the motion was
rejected.
The question was then announced as on the amendment
of Mr. Rider to strike out fifteen and insert twelve; which
was disagreed to.
Mr. Brewer, of Baltimore city, moved to insert ten in
place of fifteen; which was negatived.
Mr. Cunningham moved an amendment that the term
shall be fifteen years, and the judge then be ineligible for
the fifteen years succeeding; which was disagreed to.
Mr. Gill took the floor in support of the section as re-
ported by the committee, and drew a parallel between
that and the pending amendment, which he said would
inaugurate the worst system that it was possible for the
wit of man to devise. He had looked at the independence
of the judiciary as the corner-stone of the jurisprudence
of the country, as the surest safeguard for their liberties.
He had hoped that when this Convention came here it
would look at this matter, not through party spectacles,
but solely with a view to the best interests of the people.
He had hoped that they would give the best system to
the people which it was possible for them to do with their
limited opportunities.
The system of appointing the judges had always been
dear to his heart, and the whole experience of his life had
confirmed him in his views. This, however, could not be
accomplished with any hope of success as circumstances
now existed, but to secure all possible benefits, the tenure
should be during good behavior. He had an amendment
which he had prepared to offer at the proper time, making
it incumbent on the clerks and registers of wills to trans-
mit at each session of the General Assembly the number
of cases decided, tried, and undisposed of by the judge,
and the number of days in which the court sat, which in-
formation shall be referred to a joint committee. The
judges were thus entirely within the control of the Leg-
islature, and could be removed at any time, no matter
what their age was or how long or short a time they had
been in office, for incompetency or misdemeanor. He
asked where this could be improved.
307
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