and this will be forever its effect. I then say to
the members of this Convention, and through
them to the people of this State, are you to be
driven from this wholesome restraint upon the
judiciary, because Louis the Sixteenth was exe-
cuted by a mob, and that, therefore, there might
be a revolution in this country some time or an-
other? God forbid we should be deterred by
such instances of revolution and of oppression.
I will not enlarge upon the argument I have
submitted to this Convention in favor of the re-
striction of the life tenure of office, because pub-
lic sentiment upon this subject is immutable and
as fixed as the mountains Public sentiment upon
that subject has been fixed for the last twenty
years in this State. It first commenced its whis-
perings about the year 1820. Since that time it
has been growing stronger and stronger, until
like a mighty avalanche, it has swept away all
opposition; and the entire people have been in-
duced to believe that a life tenure is dangerous to
freemen
Mr. President, having defined my position in
favor or the limitation of life tenure or office, I
come to the first branch of my proposition. How
are judges to be appointed? If there be any
body of men in this State that I desire in my
heart to see removed from alt part of political
excitement and passion, it is the judges. In my
mind, there is a mode of appointment by which
this can be secured. Heretofore our Governors
have been elected from mere party considera-
tions, and the evil has been continually growing.
Our Governors are regularly nominated by
party caucuses and party cliques. Why? Be-
cause. the entire patronage of the State has been
in his hands. Every clerk, every register, every
justice of the peace and for a long time the com-
missioners and the judges of the levy courts, now
all the judges of the orphan's courts, and of the
judges of the county courts, all, all are dependant
on him. A new light has dawned upon us. This
evil is to cease, this Pandora's box is to be closed.
No longer are inducements to be held out to
politicians in this State to intrigue and combine
men, money and station, to elevate to the office
of Governor any particular man, with the ex-
pectation that he is to parcel out the patronage of
the State, to the advancement of the cliques and
combinations that have elevated him. Strike
from the Governor all his patronage, elect your
clerks and registers, and all other officers by the
people. Let the Governor have no power over
them, and let this Convention, by its acts, show
that we will, separate from all political mache-
nery, that branch of government, the judiciary
that we will place it out of the way of political
combinations and schemes. Let the record go
forth to the world that this Convention has de-
clared, that by this high motive they have been
impelled—that the judges are no longer to be the
instruments of party, but are to be preserved for
holier purposes, and I would like to see the Gov-
ernor, with this principle announced to the world
with this act done, who would have the temerity
under the circumstances, to select a judge be-
cause he belongs to the one party or the other |
The man does not breath who would dare do so.
Every inducement would impel him to select good
men. Elected by no Combinations, no political
machinery or trickery, and to subserve no herd
of office-seekers patronage, but merely to dis-
charge the financial duties of the office of Gov-
ernor, to recommend measures to the Legisla-
ture, and to watch over the interests of the State,
he would appoint, from time to time, by and
with the advice and consent of the Senate, the
soundest and most virtuous men as judges.
Sir, I have formed an abiding conviction, that
if this course is pursued in this body, then we
will see a system brought into existence which
will be the pride and boast of Maryland. You
will avoid two extremes. You will have the
limitation of the tenure of office, and you will
keep your judges out of the field of politics. If
the people are to elect judges, how will they be
elected? They will be nominated by political
caucuses, precisely in the same way that your
sheriffs are now nominated. And is there a man
in the State who does not see this crying evil?
If there be in this State any officers, next to the
judges, which ought to be removed from the in-
fluence of political prejudices and passions, they
are these sheriffs of the counties. I can go into
many counties and show you that if as sheriff is
Democratic, nearly all the jury, petit and grand,
are Democratic, and so in regard to the Whig
sheriffs, who form their juries of Whigs. I can
carry you into courts and show you that if a man
is charged with an offence, and he stands high in
his party, and the jury happen to be of opposite
politics, political excitement and opinions will
be introduced, and you might as well attempt lo
pull down the courts as to see justice done. If
you wish to have your judges mixed up with poli-
tics, if you wish them to enter the political arena,
elect them by the people. The same caucus
which nominates a sheriff, will nominate a judge.
We can derive upon this subject no opinion
from the States where it is now being tried.
The State of Mississippi is quoted as authority.
The opinions of men upon this subject are as
various in that State as there are men who re-
sides there. One distinguished gentleman from
that State, if you ask him the result, will tell
you so far as the Court of Appeals is concerned,
it operates well; that where the people have to
elect in a large district, and they have to depend
upon the recommendations of members of the
bar, who always advise them right, and they
elect good judges; but when you come to the
smaller districts where the people select their
own candidates, they will tell you that judges
are badly selected, I dare say the gentleman
from Prince George's will say it is the reverse.
There are gentlemen who hold the revere of it;
but I can appeal to other gentlemen who have
information upon this subject, and who will agree
with me, when I say that this is the opinion of
some of the most intelligent men of the State of
Mississippi.
Mr. BOWIE. The gentleman did not under-
stand me. I say the reason of the thing is the
reverse, where the people reside in smaller cir- |
