by considerations of that sort, unless we can
trace it to some such sentiment, some such all-
absorbing interest which the people of those sec-
tions of the State feel in some department of the
government. Now, I am free to say, that in my
portion of the State, and I have no doubt that in
this respect the feeling was equally common to
those of our brethren who live in larger and more
populous portions of the State. I am free to
say, that we alone, were actuated by the sole,
and exclusive desire, so far as my judgment will
allow me to form an opinion, to obtain reform,
more particularly, in this great branch of our
government—the judicial department of the
State. I never would have consented, nor do I
believe the people of Prince George's would
have consented, nor do I believe the people of
the Eastern Shore would have consented—aye,
or the people of any portion of the State who
looked alone to other questions, than those of
mere political power, would ever have consent-
ed to a Convention to reform the Constitution,
but in the hope of having some wholesome, ne-
cessary, radical change in the judicial department
of the government, which would bring home to
their consideration, not as mere politicians, but
as citizens, a just appreciation of that relief in
which their property, their lives, and their dear-
est interests in society were at stake.
Considerations of this sort, I have no doubt, up-
on the part of a very large portion of the people
of the State, more prominently than any thing
else, led to the call of a Convention to change their
Constitution. I say then, that is the most absorb-
ing question of all that could be submitted to the
consideration of this Convention. I am here to-
day to discuss it. On this question I have formed
opinions widely at variance with some of my
friends, in whose opinions I have great confi-
dence, and I must say that I shall go on, straight-
forward, in the line I have marked out for my-
self, not looking to the right or to the left, with a
single eye to the preservation of those great po-
litical rights which belong to the people, and the
maintenance of principles which I regard as in-
timately associated with their happiness and well
being, however deeply I regret the difference of
opinion between us.
I am met, in the outset, by these two amend-
ments, which propose to leave in the hands of
the Governor and the Senate in the one case
and in the other, in the hands of the Legislature
of the State, the appointment of the judges. The
report which has been laid upon your table from
the committee on the judiciary, proposes to give
the election of judges to the people. And here
perhaps, it may be well enough for me to say
that in reference to this question, as to the propriety
of electing judges by the people, there was
but little difference in the committee on the judiciary.
The committee is composed of thirteen
and out of this number not over three or foul
dissented from the report. Now, sir, this question
of electing judges by the people seems to
have taken some gentlemen by surprise. I recollect
the time very well when it was considered a
radical proposition. I recollect the time very |
well when, perhaps, you could not find one man
in twenty who thought that the judges should be
elected by the people. But I have lived to see
the day when I can find not over one in twenty
who is opposed to it. If there is any subject at
all upon which, more than any other, the popu-
lar mind has undergone a change, in my judg-
ment, it is this in regard to the election of judges
by the people.
Since I have been in this Convention, I have
seen at least fifty men who acknowledged that
at one time, they thought judges ought not to be
elected by the people, yet who have thoroughly
changed their views and opinions, and who now
come out in favor of the broad doctrine of the
right of the people to have the selection of their
judicial officers. I mention this merely to show
that there is and must be a gradual change going
on in the popular mind.
But I want no further evidence of the opinions
of the great majority of the people of the State
with reference to this question than the organi-
zation of this very Convention itself. I venture
to say, that whenever the vote maybe taken up-
on the broad question—whether the people shall
elect their judicial officers or not, you will find
that more than two-thirds are in favor of it; who
came here in favor of it, directly from their con-
stituents; who took the ground before their con-
stituents, that they were in favor of electing the
judiciary by the people, and whose opinions and
sentiments have thus been endorsed by the very
act of sending them here,
I have had several times to encounter the
argument, in private conversation, "we have no
evidence before us, that the people of the State
are in favor of electing the judges by the people,
because no petitions have been sent to us; no ev-
idence of popular will demonstrated here in the
form of petitions."
Why, sir, if we are to look at that we will find
but one subject upon which the people have pe-
titioned this Convention. In reference to all
great measures of reform, radical, entire, and
thorough changes in every branch and department
of your government, you will find that
there is but one single isolated question upon
which the people have thought proper to petition
this Convention, and that is, in reference to the
sale of ardent spirits.
Mr. BUCHANAN. The gentleman is mistaken.
I had the honor to present a petition in reference
to the abuses of the banking system.
Mr: BOWIE. I beg the gentleman's pardon.
It escaped my notice, or perhaps I was not here
when it was presented. I will not say that the
question in regard to the general spread of tem-
perance is not an important one, for I regard it
as one of the utmost importance to the people of
the State; but I leave that to the moral associa-
tions of the country; I leave that to other force
of public sentiment and to influences to he work-
ed out, beyond the limits of this body, rather
than to the action of a Convention assembled to
frame fundamental law.
I mention this to show that if there should be
any gentlemen upon this floor who should think
that the mere fact of our having received no pe- |
