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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 479   View pdf image
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479

wide world, a written Constitution containing so
noble and perfect a truth, as is implied — indeed,
it may be said, expressed — in this language. It
goes beyond the English system; and goes be-
yond ours in Maryland. There is no removal
by the address of any, or all the other depart-
ments of the government. Nothing but miscon-
duct, a charge of misbehavior in office, sustained
by proof, will remove a judge of the United
States. And how, sir, was this received by men
thoroughly imbued with that American spirit,
that love of republican liberty, which forms the
best security for our hopes? The Federalist — not
only one of the ablest publications, but decided-
ly the ablest of that day, coming, as it did, from
the pen of Mr. Madison and other patriots —
considers this, as one of the brightest gems in the
Constitution of the United States. (Mr. Cham-
bers here read, from the Federalist, several pas-
sages to the point. )
The most distinguished American jurists, (he
said, ) have concurred in the opinion. Wilson,
Tucker, Story, all, who have deeply and tho-
roughly investigated the subject, all concur, in
regarding this principle, as the great sheet anch-
or, by which our national ship of state is secured.
(He here read several of these authorities, and
said: )
I would invoke, Mr. President, for these opin-
ions, the most devoted attention. I do not claim
it for the sake of my own argument, but because
it is the written recorded counsel of men, who
were ornaments of the age in which they lived —
men of undoubted intelligence and wisdom, and
of undoubted purity. Sir, I speak from no mo-
tive to obtain approbation from any quarter; I
speak from a deep, a solemn, and abiding con-
viction, that I am addressing men about to per-
form a duty, the consequences of which will be
felt for weal or for wo, through all time, by eve-
ry portion of our community. If the question
were merely to take one man from the bench,
and put another in his place, it would be com-
paratively insignificant. But here the highest
possible obligations teach us to regard ourselves,
as the guardians of all the immense interests in-
volved in this great subject. An experiment,
which is tried to-day, and, if it fails, leaves us
to-morrow to return to our condition, is a trifle.
If it affected only our pecuniary interests, they
might be repaired; if it operated, only upon mat-
ters of party dominion; it might be submitted to,
for a time. But here is a step proposed, which
can never be retraced; here are interests far be-
yond the temporary possession of political power
or wealth; interests dear to every human being
in society, in every relation they bear to each
other, and for all coming time. The rights at
stake are the rights of persons, the rights of pro-
perty and of reputation. And pray, sir, what
other rights, as citizens, can we have? All we
hold dear, is included. I disclaim, with disdain,
all political influences. Upon other occasions 1
have felt them, nor have I disguised them; but
on a great subject like this, affecting all portions
of the State, party considerations sink into utter
and absolute insignificance. Parties will rise

and rule, and pass away; but the administration
of law and justice, and the protection and secu-
rity of all our rights, civil and social, should be
perpetual. I hope every gentlemen here will
forget not only his political interests, but his po-
litical prejudices and antipathies, if he has indul-
ged any. The poor, the injured, the oppressed,
the helpless — the orphan — the desolate widow —
all, who are objects of the care and concern
of government — all appeal to us, as the guardians
of their interests; all, who now or who may
hereafter occupy a place in these classes, in the
long line of generations yet to succeed us; all call
upon us to provide for their security. If you fail
to provide for them, and to do it now; the neglect
can be repaired by no human power. They can
look for it no where, but in the firm and unbend-
ing course of the law; and, if now, by our ac-
tion, that course be checked: if the fountain be
now polluted, or its stream disturbed; no time,
no power hereafter can restrain the erratic cur-
rent, or purify its source.

We have seen the opinion of the sages who
framed our admirable system of government for
the United States. Let us now, for a moment,
attend to the lesson taught us by those distinguish-
ed men who framed our own State institutions.
Veneration and respect have universally been ac-
corded to them. Their devotion to free princi-
ples of government was unbounded, their intelli-
gence unquestioned. Their work, and all we
know of them, commend them to our highest re-
gards. Above all, they lived at a period and
under circumstances which led them to employ
all their noble faculties, without any mixture of
sectional, personal or party feelings or interests.
All were patriots, all pursued one common ob-
ject—the common good. Ambition and the love
of office, had not exerted their evil influence up-
on their passions and prejudices, nor warped their
judgments. All were governed by the high and
holy sense of duty to the State.
I am not to be told, Mr. President, of the pro-
gress of the age, the change in men and things
since their day. It is most true, we have wit-
nessed astonishing changes, such as our ancestors,
even in '76, never thought of, in the wildest
dreams of fancy. But, in what departments are
those changes ? Surely not in the eternal laws
of truth and morals. These are co-existent with
the Deity. They are eternal as bis throne.
They came down to man with the immortal spirit
which his Maker breathed into him as his life.
Progress may be made in arts, in science, in the
various applications of the great principles which
govern matter, in the discovery of new princi--
ples, if you please, as well as in the modification
and application of such as are known, and in all
inventions which adapt such principle in the use
of our race. But I he laws of moral truth and
moral propriety are immutable. You may adapt
the great principle and power of steam to the
propulsion of the car, or you may adopt the still
more wonderful, but subtile power of the electric
fluid, in the transmission of thought. But the
obligations of the moral law are the same amid
all these vast changes.



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 479   View pdf image
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