of every citizen of Maryland, are involved in
this commission. I cannot, for any gratification
that it might give me, pander to a feeling like
this. I want a permanent and an independent judi-
ciary. I want no agitation to be raised every five
or ten years. I am satisfied, I certainly shall not
vote to submit the elections of the judges of our
courts to the people; but I intend at the proper
lime to move a change in the section that I think
will be beneficial to the people; in order to length-
en the tenure, and to prohibit re-eligibility. I
would rather have them elected for five or three
years, provided you say that they shall never
again look to a seat upon the bench, than to elect
for ten, fifteen or twenty years, and say that they
shall be re-eligible,
I know something about human nature; and
show me ajudge, pure as he may be; show me a
minister of the gospel, the best Christian upon the
face of the earth, and you show me still a human
being. There is an immense difference in the
habits of men. Some men are better than others;
and my impression is that a large majority of the
people are pure, honest, and intend to do what is
right. But what do I know about your judiciary
system? I have never had but one lawsuit in my
life; but courts of law are necessary, and we
could not get along without them. I consider
our judges and lawyers, when such efficiently as
creditable to the State and to the country, and
equal to any other class of men in the country.
I believe that some of them as are honest and
pure, and will administer the law rightly, provided
you keep all temptations from them; and I tell you
that where there is temptation, men glide off im-
perceptibly and by degrees into corruption. Do
you tell me, that if you, a member of this highly
honorable profession, were sitting now upon the
seat of justice instead of the chair of this august
body, and if you had just gone through an agitat-
ing and exciting canvass, and if two individuals
came before you, who bad been present at a political
meeting, one of whom was your adversary
perhaps, and had abused you, while the other, in
your defence, had unjustifiably attacked him and
outrageously abused him, you would have no feel-
ing connected with the case, and when the very
man who was charged with the assault, had per-
haps by his influence carried your election? I
do not mean that you would allow yourself to
be biased in such a case, but there would be a
strong temptation.
We may at first have very good officers,
but ultimately I think the election by the people
would be a very serious injury to the masses.
There is little difference of opinion in Dorchester
county upon this subject; and I think I know
their wishes as well as any man in the county.
They want an independent judiciary. They have
considered its importance to them and to the
State. We want men at the bench of our courts
who will deel out even-handed justice to all;
who will fairly and impartially administer the
law. Some say that the people should elect
clerks, registers, sheriffs, constables, and every
other officer. But let me warn this Convention
earnestly, though plainly, against tampering with |
a power so important to the people. Nothing
but Holy Writ can more clearly and strongly set
forth the evils growing out of pandering to the
popular prejudices, than was made out by the
gentleman from Kent, yesterday and the day be-
fore. I confess that I have been surprised since
I have taken my seat in this honorable body, to
find, what I considered, was an amount of radical
feeling. I am one of those who have long since
determined never when I could avoid it, to give
a certainty for an uncertainty. What I known
has worked for the benefit of the people, I do
not wish to see changed. And so thoroughly
am I convinced that to establish by this Conven-
tion, the re-eligibilty of your judges, would he to
work injury to the people that I cannot go for it,
and shall sincerely regret to see it made a part of
the organic law of our State, and if it he so, it
shall be so without my vote.
The question being taken upon the motion to
strike out, by yeas and nays, resulted yeas 23
nays 45, as follows:
Affirmative—Messrs. Lee, Chambers of Kent,
Donaldson, Dorsey, Wells, Randall, Kent, Weems,
Colston, John Dennis, Crisfield, Hicks, Goldsbo-
rough, Eccleston, Phelps, Tuck, Sprigg, Bow-
ling, Hearn, Fooks, Jacobs, Sappington and
Kilgour—23.
Negative—Messrs. Ricaud, Pres't pro tem.,
Mitchell, Morgan, Merrick, Howard, Buchanan,
Bell, Welch, Lloyd, Sherwood of Talbot, Da-
shiell, Miller, Bowie, Spencer, Grason, George,
Wright, Dirickson, McMaster, Shriver, Johnson,
Gaither, Biser, Annan, Stephenson, McHenry,
Magraw, Nelson, Stewart, of Caroline, Hard-
castle, Gwinn, Sherwood, of Baltimore city
Ware, Schley, Fiery, Neill, Harbine, Brewer,
Anderson, Weber, Hollyday, Slicer, Smith, Parke
and Shower—45.
So the Convention refused to strike out.
Mr, HOWARD moved that the Convention ad-
journ, but afterwards withdrew the motion.
Mr. CRISFIELD rose to offer an amendment, in
order that it might go upon the journal, to be
hereafter acted upon. The Convention having
refused to strike out that portion of the bill which
provided for the election of judges by the peo-
ple, and also refused to fix the term of good be-
haviour, it seemed to him that the attention
should be directed towards the perfecting of the
system.
He moved to amend the fifth section, by strik-
ing out the word "three," and inserting "four,"
and by striking out all after the words "judicial
districts," these words, "one on the Eastern and
two on the Western Shore, which said districts
shall be laid off as the gubernatorial districts
are," and inserting in lieu thereof the following :
"The counties on the Eastern Shore shall com-
pose one district; Allegany, Washington, Frede-
rick, Carroll, Baltimore and Harford counties,.
shall compose one district; Baltimore city shall
be one district; and Anne Arundel, Howard,
Montgomery, Prince George's, St. Mary's,
Charles and Calvert counties, shall compose one
district."
Mr. DORSEY moved to amend the fifth section, |