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system or the other could change this; but he argued
that by the test of experience, the term of years system
was the better of the two.
Mr. Ritchie had come to this Convention believing that
the life tenure policy was the most efficient, but after a
free interchange of views, and the most complete exami-
nation of the subject, he had arrived at the conclusion
that it would be unwise to return to that system, and he
had come here this morning prepared to vote for a less
term even than was suggested. The question was, what
would secure an independent judiciary. Gentlemen in
favor of the life-tenure maintained that the elective sys-
tem might render the incumbent liable to partisan influ-
ences; of this there could be no doubt; but this was not
the only influence to which he would be subjected. Every
officer, no matter how appointed, is liable, more or less,
to outside influence. It is with the man himself, it is the
moral manhood of the incumbent, be the tenure what it
may, or the manner of appointment what it may. They
had had instances, in the last few years, of judges, under
the appointment system, who had, when the day of trial
came, wilted like grass, and of judges, under the elective
system, who had stood up in the defense of the right with
a heroism beyond all praise.
As he had stated before, it was a matter beyond the con-
trol of any system; it depended on the incumbent himself.
Of one thing there could be no question; the people of
Maryland were opposed to this change, and if it was made,
when in the lapse of years and the mutations of party, or
other change of the organic law might be proposed, no
feature would be more seized hold of or taken advantage
of by demagogues and agitators than this life-tenure
feature. In regard to the limitation beyond the age of
seventy years, he was in favor of it, but would give to the
Legislature the power to retain the services of the judge
who was capable; but they were not dealing with excep-
tions, but with the rule, and he could not consent that
any judge should be retained at the sacrifice of the good
of the public.
Mr. Page replied to the remarks of Messrs. Archer and
Farnandis, and maintained that they had failed to adduce
any argument in support of the assertions made by them.
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