Were they officers that held their term by limited I
power? Were they officers created by the will
of the people, and not by the power of the Go-
vernment? Were they officers that were not in-
fluenced by popular excitement? No, sir; it was
with them as it will be with judges at all times.
I care not how your judges are appointed, when
popular and tumultuous revolution comes, when
the overwhelming torrent of the people is turned
out for good or for evil, in any revolutionary
manner—whenever that shall occur, whether the
judges be appointed by the Crown, by the Exe-
cutive, by the Legislature, or by the people, they
will be but ropes of sand. Whenever, in this
country, the people shall become excited to po-
pular phrenzy, whenever the unhallowed senti-
ment which was uttered by a distinguished individual
of the State of New York, ( Mr Seward,)
distinguished from his position, having been Go-
vernor of that State, and now a Senator—when-
ever that sentiment shall become universal—
"That there is a higher law than the law of this
land,"—whenever that sentiment shall pervade
the public mind, the judges will become its vic-
tims as soon as any other men. They are sub-
ject to the same passions and the same influ-
ences; they are controlled by the same prejudices,
subject to the same popular phrenzy. Then
this reference to popular clamor and popular ex-
citement, can have no influence in this body in
restraining or in preventing the action of this
Convention in the limitation of the tenure of the
office of judge,
Why, sir, will any man pretend to say, that
with no limitation of the tenure of office in our
State—the office being for life, or during good
behaviour—that the system has worked well? I
intend no attack upon the judges; I have a re-
spect for them all; and what. I say is not influenced
by unkindness. In advocating the course
I do here, I shall fearlessly—I will not say fear-
lessly, for it is not necessary—I shall speak in
candor and in sincerity. I shall express my indi-
vidual opinions of our judicial system, with the
frankness of a man. Now, can any man say that
our system has worked well? Here I intend to
impeach no man who has appointed judges, nor
any judge who holds office. But will any man
pretend to say that the best men in our State have
been appointed judges? Will any say that the
most learned, talented and virtuous men have
been appointed judges? I should like to see the
man who would have the temerity to assert such
a thing. The learned gentleman from Anne
Arundel said that he could show that in come
instances, they have been appointed without re-
ference to party. This may be so I will not
deny it. But is there a man in Maryland, who
has any knowledge of the history of the State,
who has lived among the people, who does not
know that in many instances—I will not say all—
the judges have been appointed by the Executive
on the score of party? I know particular in-
stances in which judges—at least the history of
the times has told me so—have actually been
nominated to be appointed by political conven-
tions. Any man who is familiar with the history
of Maryland, knows that judges, in some in- |
stances, have actually been nominated by politi-
cal conventions.
We all know, every body knows, that this is
the history of the mode of appointment of judges
in this State. Is it any disrespect to the judges
to say so? Is not every man bound in candor to
respect the history of the times, and to speak of
what has taken place ? I appeal to all within the
limits of this State, if in view of these facts any
member of this Convention, in the discussion of a
question, should withhold these facts, if he would
not be recreant to his trust and a coward to his
duty ? I say that our system has not worked
well, and not having worked well, I am in favor
of a new mode by which this great evil will be
controlled and regulated. Sir I advocate in the
strictest sense, the limitation of tenure of the of-
fice of judge. My object is to provide a system
which will give us a judiciary that will be above
the influence of all excitement, political or other-
wise. I desire to see that system, which whilst
it gives to the judges appointments for a number
of years, sufficient to guarantee their indepen-
dence, will at the same time hold out to them the
check, that at a certain time, in the course of a
certain revolution of years, their conduct is to
pass in review. If you will appoint judges for a
limited tenure of office, I am not tenacious wheth-
er they are elected by the people or appointed
by the Governor. I prefer it is true the last mode,
for when we consider man's infirmity, is it not
right that this essential and necessary guarantee
should be had, to secure a sound judiciary ? Is
it not the nature of man that if you give him un-
limited power, he will abuse it? Is it not his
tendency to usurp power? and to carry the
power given him to the inmost extreme? We
have had some extraordinary examples in this
country, of men who have surrendered power.
The examples are few, and those who have
done it, are held up as men of the loftiest patriotism
and purity of character, but enlarge the
powers of any man, I care not who, and he is a
man still ? Yes, sir,
"Mankind is a show-box—pull the string—
Ruling passion the picture will show him,
For in spite of his fine theoretic positions,
Mankind is a science, defies definitions."
It is true, he has a high motive before him, in-
citing to the noblest action. It is true he feels
that the public eye will be upon him; and the
great and important obligations resting upon him.
Nevertheless, he is still a man, and his tendency
is to rebuke all who in any way cross his path.
The same infirmity leads a judge to turn the extreme
powers of his office against those who at-
tempt to cross his path. Let me imagine, that
the State of Maryland should have upon her
bench a man of political passions, prejudices, and
excitements, of angry feelings. and deep resent-
ments, crafty, subtle, and cunning. Let me ima-
gine the Court of Appeals, or any District Court,
presided over by a judge of this kind. In the
hands of such a man, the powers of a judge with
a life tenure of office subject to no removal ex-
cept by impeachment, would be omnipotent.
This is the effect of the life tenure in office, |
