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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 308   View pdf image (33K)
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In his intercourse with prominent Democrats they had
said that it was time they should go back to these rules
of the past as the only proper way to secure an inde-
pendent judiciary. He believed that this system, as re-
ported by the committee, could not be bettered. He had
practiced law for more than forty years, and the dearest
wish of his heart when coming into this Convention was
to secure an independent judiciary; and must he now go
back and tell the people that this Convention had resolved
to adhere to a system that had never worked well? He
believed that on this very section the committee were
more unanimous than on any other. He hoped that this
small boon would not be denied them. He had hoped to
be able to report to the people that the election of judges
was to be abolished, but this hope had been abandoned,
and now they asked for the next step. Make the judge's
position depend on good behavior, and he will have every
incentive to go to work for the good of the people; but
make him dependent on popular elections, and every in-
centive will be removed to be impartial and just, and the
scales of justice will not be evenly balanced.
Mr. Wickes knew that debate was not palatable, and
did not expect to enlighten members, but believing that
this question underlies the whole superstructure of our
government, he felt that he would be derelict in his duty
if he did not give utterance to his life-long convictions on
this subject. It was their duty to secure to the State of
Maryland an independent judiciary, and by this he meant
one that was as far removed as possible from influences
and bribes. In our form of government an essentially in-
dependent judiciary is required, one that is removed from
every influence that may have any tendency to corrupt
it, or bias its decision in any way. It is only through the
judiciary that the great living principles of liberty and
right secured to the people can be protected from the cor-
ruptions of the executive and legislative departments.
One fact has been clearly demonstrated by the late war,
that the only protection which the people of this country
have from oppression and wrong is from the bench. Since
1861 he defied any one to put his hand on one single act
by which the rights and privileges of the citizens have
been secured except by the bench. Sometimes it has
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 308   View pdf image (33K)
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