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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 467   View pdf image
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467
as if they had them in their direct power. In
this I see objection. I gave that as one of
my objections to a long continuation in office.
As to making any personal charge against either
of the gentlemen, I did not mean to do it. I
spoke of the natural necessary consequence of
these long continued associations.
Mr. CHAMBERS. The Convention have heard
the gentleman. If he means to say there is any
thing in the association of the present members
of the judiciary—
Mr. BOWIE. I do not mean to say any thing
against them.
Mr. CHAMBERS. Then there is no necessity
for me to disclaim. There are other facts,
which the gentleman has thought proper to state,
which may be essential in the view he may take,
but of which I do not profess to have the least
knowledge. He says that the cause of this Con-
vention, is the desire of the people to have the
judges elected by the people, and a radical
change in the present judiciary system, of course
with a tenure for a term of years. Now, sir, I have
only to remark, that I have heard the particular
cause for the calling of this Convention assigned
by gentlemen on this floor, who assumed to know
exactly why it was, and several other causes, and
not this one have been each on different occasions
alleged to be the cause. The gentleman supposes
that a person who is not now in favor of electing
judges by the people, is as rare an object as a
"black swan." With a perfect knowledge that
what I say is to be seen and read by those who
sent me here, and that I am to be judged for the
accuracy of this statement, and appreciating fully
the responsibility under which I make it, I tell
the gentleman that in the political portion of that
community with which I have been associated, I
have yet to hear of the very first man who ex-
presses the opinion which he considers universal,
and I feel authorized to include also in this
category many of adverse politics.
Mr. BOWIE. I ask my friend to enquire of two
of his colleagues, whether they have heard many
of their constituents express an opinion in favor
of an election of the judges by the people ?
Mr. C. (after speaking to his colleague, Mr.
Lee, who occupied the adjoining chair,) said, my
colleague near me, who has within the last few
hours returned, after being at his home lor a
number of days, confirms what I have said to
the fullest extent, and assures me he does not
know of a whig in the county of that opinion,
Mr. PHELPS. I have just returned from my
county, I have been there during the session of
the court, when I had an opportunity of meeting
a great many persons, and never, during the can-
vass last fall, or since, do I recollect to have
heard a man say he was in favor of electing the
judges by the people.
Mr. CRISFIELD. Those who were in favor of
electing the judges by the people, were defeated
in my county.
Mr. CHAMBERS. I only mean to say to the
Convention, that when a gentleman rises and
speaks positively about facts of such a character
as the one now noticed, it can mean, no more than
the expression of an opinion on his part, and the
weight of such an opinion must, of course, in a
great measure depend upon his means of infor-
mation.
Mr. BOWIE, The gentleman has called on
gentlemen to testify; I suppose I have a right to
do the same thing?
Some conversation followed on the part of
Messrs. Dirickson, Jacobs, Foulks and Bowie, as
to the ground taken in respect to the election of
judges by the people, in the recent canvass by the
several gentlemen who were candidates as dele-
gates to the Convention from Worcester county.
Mr. CHAMBERS proceeded. I called no witness
to the stand. The gentlemen who made their
statements, did so from a feeling of justice to the
statement I was making. But I have no other
use to make of the information, except to say
that when the gentleman from Prince George's
estimates the number of black swans by the num-
ber of persons who are opposed to the election of
judges by the people, he will make black swans
cease to be a rarity. I do object to the gentleman's
undertaking to speak, as he has spoken,
for the entire Eastern Shore, in so positive and
dogmatic a style, that a man who dares to doubt,
begins to quake fur the safety of his limbs almost,
and especially when all this is accompanied with
that tremendous stamp that threatens the security
of the floor. As to the Southern counties, the
votes of the members will, in due time, indicate
their notions on this subject, when we shall see
if the gentleman has more warrant for his opin-
ion in regard to their views, than for those of the
entire Eastern Shore.
Mr. BOWIE. The gentlemen is entirely mis-
taken. I did not say the Eastern shore were in
favor of electing judges by the people. I said
that on the subject of judicial reform the East-
ern shore and the Southern counties were actu-
ated solely, or rather more perminently, in cal-
ling this Convention together, by a desire to see
some reform in the judiciary, than by any thing
else. What their opinion is as to the election of
judges by the people I have no means of knowing,
but I said, that that question was the all absorb-
ing question to the people of our section of the
State, including the Eastern shore.
Mr. CHAMBERS. I think the gentleman is en-
tirely mistaken. His course of arrangement was,
that two great questions only could occasion a
call of the Convention, one the question of repre-
sentation, the other judicial reform; that as to
the first, the people of the Eastern shore had too
much sagacity, too much good sense, to send
delegates here to sacrifice their own political
power and importance, and, therefore, the entire
Eastern shore did consent to the Convention
from the sole motive to reform the judiciary.
Mr. BOWIE. Yes, sir.
Mr. C. Now, sir, what is the fact? What
does your record testify ? I speak not of any
fact on the authority of my personal knowl-
edge. I ask no concession upon the faith of my
individual opinion or assertion, but I refer to the
unmistakeable proof upon your journal. And
how does it bear upon the gentleman's idea as


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 467   View pdf image
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