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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 315   View pdf image (33K)
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judges in office would have been turned out. In Great
Britain the judges held their office by the life tenure, but
it seemed as if the very existence of the government was
bound up with the judges; at all events, they did not have
these revolutions there, and this was where the compari-
son with the jurisprudence of that country failed. This
life tenure, then, would not answer. Three changes in
the original law in seventeen years. Hence it would seem
that it matters little what is done by this Convention.
It was not at all unlikely that, before the time designated
in this amendment, or the term of the judge expired,
there would be another change in the organic law.
Mr. John Parran hoped this constitution would last for-
ever.
Mr. Garey hoped so, too; but they were living in the
times of revolution. This was the age of the fierce de-
mocracy, and it was impossible to predict what would oc-
cur. The elective system had first been inaugurated by
the democratic reform party in 1851, and yet the party
which came here in 1864 was bitterly hostile to that party.
Still the Convention of 1864 did not presume to change
the system which was then in operation. With all the
lights before him, he should vote for the amendment of
the gentleman from Harford, (Mr. Archer. ) The Su-
preme Court of the United States, which was appointed
by the President, had faltered when the liberties of the
people were in the greatest danger, and this proved that
it must be the nerve and uprightness of the individual
judge upon whom the people could rely.
On motion of Mr. Barry, the committee then rose, re-
ported progress, and asked leave to sit again.
The President resumed the chair, and the Convention
then adjourned.
FORTY-EIGHTH DAY.
ANNAPOLIS, TUESDAY, JULY 16.
Convention met at 10 o'clock. Prayer by Rev. Father
Burke.
The unfinished business, being the report of the com-
mittee upon the judiciary, was then taken up, the third
315


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 315   View pdf image (33K)
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