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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 202   View pdf image
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202

ple assumed by him, in objecting to the seats of
Judges, he must insist on his amendment.
He referred to the fact, that the report of the
committee on credentials, had expressly admit-
ted the judges to seats on this floor, because the
old bill of rights did not apply in its terms, to a
Convention; and therefore, he wished to make
the new bill of rights explicit, on this subject.
Other gentlemen thought that we had no pow-
er to decide who should come into future Con-
ventions, but he was for passing the prohibition
now, and leaving to posterity to decide our pow-
er to do so. It would, at least, be a declaration
of the moral sense of this Convention.
Mr. B. then referred to the positions taken by
him when on the committee of credentials, (be-
fore a Beporter was appointed,) that a judge
should be far removed from any exciting element
of party strife, and if possible, isolated in his
sublimity—that he should devote all his time and
energy to his judicial labors, which his oath re-
quires him to administer "without delay." If
' judges were in future times, to come here, they
would soil the ermine of justice. Referring to this
Convention, through no disrespect, to the judges
personally, who were here, what have we seen?
We have seen judges here for weeks and months,
necessarily absent from their duties in the courts,
in proportion as they were faithful here—we
have seen them going into party caucusses.
[Here Mr. CHAMBERS inquired, if he had gone
into any caucus about principles of the new Con-
stitution?]
Mr. B. said, he did not mean to charge that,
but would the gentleman deny that he had gone
into a whig party caucus, with a view to an or-
ganization of the House?
if he would not deny that, it was the same
thing in principle, as it proved that the judge
was a party man.
Again, judicial reform, even to the uprooting
of the whole system, was one of the questions to
decide, upon which this Convention has assem-
bled. To allow men holding high judicial
places, in all future time, to be present acting up-
on their own tenure of office, would be greatly
calculated to depreciate the office of judge. I
do not mean to disfranchise judges—but let them
resign their judicial commissions before they can
serve in a Constitutional Convention
The gentleman from Kent, (Mr. Chambers,)
says, there are but few important men in his
county., [Here Mr. Chambers interposed and said
in his town.] But few important men in his town
and therefore, he says, that he is overburdened
with a multiplicity of small offices of various
kinds.
Mr. B. was sorry to hear that important men
were so scarce in Chestertown, but the very fact
of the gentleman's being assessed with so many
offices, proved that he could not properly attend
to all. [Mr. Chambers enquired if Mr. Brent
meant to say that he had neglected his judicial
office.]
Mr. B. replied that he had not so said, but he
did say that a man who had even that gentle-
man's dispatch for business, could not properly
attend to all the various offices he had assumed,

and he must necessarily neglect some one or
more in proportion as he attended to the rest.
But he, (Mr. B.) wished to be understood as lay-
ing down, in the Constitution, no rule for the gen-
tlemen who were here. He did not dispute their
integrity or merits, but he wished to lay down a
rule of public policy, based on human experience
of the weakness of mankind, and on the average
of human character.
Mr. CHAMBERS said the gentleman has inform-
ed us what he thinks human nature can do and
cannot. There were a great many sorts of hu-
man nature, and he was quite sure his human
nature differed from the gentleman's. We have
been plainly told by the gentleman, that political
organization and party interests, directed the
votes of members of this body. He much regret-
ted to hear it. He had not allowed party influ-
ences to regulate his votes here, nor should he do
so. The gentleman still harps upon his old tune
about the judges, and the neglect of their duties.
He acknowledged no higher duty than to assist
in making a Constitution, and to that duty he had
most assiduously applied himself. It was but an
act. of justice to his brethren, who, since the first
of December, were in session in the supreme
court, to say that the business of that court had
not been neglected. They had faithfully, wisely
and usefully performed the duties of that court,
and he believed he might say satisfactorily. The
gentleman had assumed the large license of cen-
suring, not only the judges, but the Legislature
and the people of his county. He was here by
the authority of the Legislature—if they had any
authority. He was here by the selection of the
freemen of his county, and he inclined to think
it was not a matter of very deep regret to them
that the gentleman supposed they acted very un-
wisely in sending him here. How far this dicta-
tion to the sovereign people—this refusal to al-
low them to judge for themselves, who should re-
present them, was consistent with the high-toned
notions of democracy, it was not for him to de-
cide.
The gentleman thought the judicial ermine
could cot escape a stain in this collision and
strife—that it was not in human nature. Now
it was in this, he supposed, his human nature dif-
fered from that of the gentleman. He could lay
his hand on his bosom, and aver that his opinions
were uninflenced by motives of interest. If he
could not, he would not be here. Why what
is there in the paltry salary of a Judge of your
Supreme Court, compared with his labors, to
make him so earnest in holding on to it? He
denied, in the boldest terms, that after filling the
office for more than sixteen years, he was not in-
debted to the State on a fair account, one dollar.
He had rendered services fully equivalent to
every cent and more. The same services at the
bar, would have secured him five times the
amount of pecuniary compensation. Let the
debtor and creditor sides of the account be fairly
stated, and the balance sheet would not be against
him. He could leave the bench to-morrow, with-
out the least apprehension of making a bad bar-
gain. In saying this, it was proper for him to
add that he felt the most profound sense of obli-



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 202   View pdf image
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