shows its population to have been 46,555. Con-
sequently, when my vote allowed to Baltimore
six delegates, upon a ratio of 5000 as the basis,
instead of six, Baltimore would have been en-
titled to eight delegates. I only mention this to
put myself right before this body, and to show
that when a delegate from Baltimore, I never
did, as was charged against me, vote to allow to
Baltimore more delegates than by its population
it was entitled to, and to show that the gentle-
man can make mistakes as well as other people.
Mr. SPENCER, I had the honor to discuss this
question on yesterday; but, as I then stated to the
Convention, I had not anticipated doing so for
several days to come, and had therefore made no
previous preparation. I desire at this time, with
the indulgence of the Convention, to submit one
additional reason that influences me in my posi-
tion upon this subject. It is my apprehension
that by giving the election of the judges to the
people, the Independence of the bar will be
greatly affected. I wish it to be distinctly under-
stood, that I have not the slightest fear of the in-
tegrity of the people But my apprehension is
that that integrity and confidence will be abused,
By way of illustrating my apprehension in rela-
tion to this, I will ask the Convention to imagine
two individuals residing in the same judicial dis-
trict, and candidates for the office of judge. One
of them is learned in the law, industrious, pure
in all his moral habits, retired, firm of purpose,
impartial and just in all his views. A man of
that description would necessarily command the
admiration of all. The members of the bar
would know him to be eminently suited for the
station. But the other individual is known as
an active politician, and one who has directed the
political machinery of his county. He has been
an active partisan. His office, perhaps, has been
the nucleus in which all political conclaves have
been held. As an advocate before a jury, he is
plausible and sagacious; and yet he is wanting
in the firmness of correct purpose, in legal abili-
ty, and in impartial temper and disposition. The
members of the bar have to discriminate be-
tween the two. They will know at once that
the man who has been the great partisan leader,
will be most likely to be elected; but they know
that the other man is the man in whose hands
justice could better be confided. They know,
too, that if they advocate the man who is best
fitted for the station, he will be just in every respect;
that he will have no enmities to gratify,
and will not punish indirectly those who have
opposed him. They will know that on the contrary,
the other will have venom in his heart, and
if they oppose him, and if he is elected, every
member of the bar who had voted against him,
will become the subject of his iron rule; that all
those schemes which can be resorted to directly
or indirectly, insidiously, by subtle or crafty
modes, will be resorted to for the purpose of ru-
ining those who opposed him, and their clients.
I fear then, that in such a case, the independence
of the bar would be entirely destroyed.
Mr. BOWIE. I have no desire to press the
vote to-day. I have taken no part in the discus- |
sion at all. I considered the matter settled yes-
terday, The report of the judiciary committee
recognises the broad principle that elections of
judges of the Court of Appeals as well as of oth-
er judges are to bemade by the people.
The gentleman from Anne Arundel has moved
as a substitute another mode of appointment, the
presentation to the Governor of three names
from which one should be selected. Having
called for a division of the question, it raises the
precise question which I understood to be set-
tled by the House on yesterday.
We have a quorum, and I think as full a house
as we shall have on Monday, and I should like to
see the question taken to-day. There seems to
to be a great unwillingness to speak; and there
is not a member here who believes that a major-
ity of this House can be got to vote for any other
mode of appointment than by the people. The
names can be recorded, if gentlemen wish it.—
But after the deliberate voting which has been
had, instead of continuing the battle, it seems to
me that gentlemen ought to lay down their
arms.
Mr. SPENCER. Upon a question like this, in
which so much interest is felt, I want to see a full
vote. I am not disposed to be pertinacious in
regard to my own views. I shall most cheerfully
acquiesce, if the majority are in favor of an
election by the people. But I wish the decision
of the Convention upon such a question as this to
go to the world with a moral force, I want each
important provision of the Constitution to go out
with the sanction of a majority of the Conven-
tion.
Mr. DONALDSON said a few words.
Mr. SPENCER. If there were but one propo-
sition before the house, that of the gentleman
from Prince George's, (Mr. Bowie,) the gentle-
man from Anne Arundel, (Mr. Donaldson,)
would be right in supposing that the question
on striking out would be a test vote. But that I
do not understand to be the fact. There are
three propositions before the chair. One is the
main question, another is the amendment of the
gentleman from Somerset, [Mr. Crisfield,] the
third is the amendment I had the honor to sub-
mit. This amendment thus embodies more than
the mere election of the judges by the people, if
the refusal to strike out is sustained, it covers a
great deal more ground than a vote upon the
gentleman's proposition, because it refuses to let
in these other pending propositions, which em-
body the question with regard to the number of
the judges; the judicial districts, and the mode
of appointment. This question then embraces a
great deal more than a mere test question upon
the proposition of the gentleman from Anne
Arundel.
Mr. JOHNSON, I do not rise for the purpose
of going into a discussion of this question, but
simply to urge that a direct vote upon it be tak-
en, that we may progress and get through our
business here. The idea that this is a thin house
to-day, is no proof that there will be more members
here on Monday or Tuesday. That
house seems to be anxious to vote and |
