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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 316   View pdf image (33K)
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section being under consideration, and the pending ques-
tion being on the amendment of Mr. Archer to make the
term of the judges fifteen years instead of during good
behavior.
On motion of Mr. Jones, the Convention resolved itself
into committee of the whole, Mr. Dent, of St. Mary's, in
the chair.
The committee then took up the third section of the
judiciary report.
Mr. Jones took the floor in advocacy of the section as
reported by the committee on the judiciary.
Mr. Brown also followed in support of the section as re-
ported. During his speech Mr. Brown remarked that the
general opinion from experience was that the administra-
tion of justice had deteriorated since the adoption of the
new system.
Mr. Vansant said that was an argument against the
whole elective system.
Mr. Brown said the question of election was not now
before them, but he would say that he believed the whole
system of election to be vicious, but that in the present
temper of the people it was probable that good judges
would be selected. Mr. Brown then proceeded to argue
the whole subject at issue.
Mr. Peters followed in reply to Mr. Brown. He ex-
pressed his entire dissent from the views that inde-
pendence and impartiality were to be secured only by a
life tenure. He had occupied a seat on the bench himself,
and had very important questions affecting life, property
and honor before him for adjudication, and in his decisions
had not been swayed for one moment by any desire for
re-election, and this he believed would be the case with
other judges. As stated by his able colleague (Mr. Ritchie)
yesterday, this was a matter which rested with the indi-
vidual judge. Mr. Peters concluded by expressing his
preference for a term of eight years, but would be willing
to vote for ten.
Mr. Maulsby said that there was no doubt much di-
versity of opinion on this subject in different parts of the
State, and different degrees of interest, but he could
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 316   View pdf image (33K)
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