come to the bench, they are no better than others
You must hold out inducements for them to do
their duty as holiest and correct men. The in-
ducement offered in the present case is the hope
of re-election. Remove that from before their
eyes, and they would fall from their high estate—
they would cease to be the pure and incorrupt
officers which the public voice had made them.
This seems to he the sum total of the argument
on that aide in favor of the elective judiciary,
My opinion is, that the constituents of a good
judge are capacity, integrity and independence,
and to this end we should endeavor to get the
best men, give them good pay and appoint them
for life or for very long terms, and I do not think
that all these important ends are to be attained
by the mere hope of re-election. But as we are
to have them elected by the people, I shall vote
for their re-eligibility as some mitigation of the
evil.
I have come to this conclusion not without
much reflection, and difficulty on the point. I
shall not go fully into the argument. The rea-
sons have been well assigned by others who
have engaged in the discussion, and especially
by the gentleman from Queen Anne's, [Mr. Gra-
son.] You cannot get the best men to go upon
the bench, with a knowledge that they must go
off again after ten years, and be compelled to
seek support for themselves and families in other
pursuits. And if you get proper men for judges,
they will likely, towards the end of their terms,
so shape their course as to receive some political
employment. The course they will adopt, will
readily occur to those who know any thing of
the pretensions set up by office seekers on the
plea of services rendered to their party. For
every man who seeks and takes an office thinks
he sacrifices something for the public good, and
when he loses one place, makes that his strong
argument in support of his claims to another.—
When the judgeships become prizes among as-
pirants before the people, we shall find that
judges are no better than their fellow-men—that
they have the same weeknesses, if not faults, and
that their patriotism is of no higher stamp than
that of others.
By denying to them a chance for re-election,
you take away one powerful incentive to virtue
and uprightness of judicial conduct, and open a
dozen inducements to depart from the strict line
of duty in as many temptations to offices of
higher honor and greater profit.
The people will not elect a bad judge if they
know it. It is proper that they should have an
opportunity of re-electing a good and faithful
one. The argument of the friends of the system
concedes the probability of a judge conducting
himself improperly without this inducement be-
fore him, and as I have very little confidence in
the elective system, I should be unwilling to de-
prive the people of this chance of having a good
judge in the end—a feature that seems now to
commend itself to the friends of the system as
furnishing the strongest guard against corruption
and official misconduct. |
Remarks of Mr. TUCK—same date.
Mr. TUCK. It is my misfortune to differ from
my colleague, the chairman of the judiciary
committee; and I wish to say that while we differ
we do so in good faith to each other, our consti-
tuents, and the Convention. Situated as we were,
we had no canvass at all upon this subject. I
never heard the matter mentioned before the
Convention, and hardly half a dozen times since.
I think our people are against election by the
people and in favor of a life tenure. My friend
thinks differently.
I rose merely to state this fact, and that I shall
vote for striking out, as indicating what I be-
lieve to be the opinion of my constituents upon
the subject of the judiciary. Concurring with
the views of my friend from Somerset, (Mr.
Crisfield,) after this vote is taken, and the two
prominent features shall have been passed upon
by the Convention, adversely to my views, I
shall most heartily assist in giving the bill such a
form in other respects as may seem to be best
calculated to promote the public interests.
I have no recollection (said Mr. T.) of having
made any public declaration of my opinion on
the subject, prior to the election. I certainly
never, at any period of my life, dreamed of vot-
ing for an elective judiciary, and frequently said
so The night of the election, my colleague .
stated that he was favorable to an elective judi-
ciary, and I as distinctly stated that I would not
support that mode of appointing judges. At the
same time, I said that if the people desired that
plan, they must apprize me of their views. I
certainly would follow their wishes if I knew
their sentiments on this subject to be different
from my own. I do not believe that there has
been any such general expression of opinion in
our county as would amount to a demonstration
of the views of our constituents. They have
not made known their opinions by way of instruc-
tions. They have confided the subject to our
judgment and discretion. It is our duty to act in
the way best calculated, in our opinion, to ad-
vance their prosperity. With this I am sure they
will be satisfied.
It could not be expected that we were to agree
in every thing. If we agree in one thing, we
might differ on another subject. I believe that if
our opinions had been known before the election
the result would have been the same. We should
all still have been returned to the Convention.
The people of my county are anxious to have a
good and acceptable Constitution. If one is to
be made, they desire the best that can be had, I
am not prepared to say that they will reject the
Constitution, unless acceptable in all its parts.
Thought suppose they will vote against its ratification
if it contains one or more features striking
directly at any vital interest. I have voted
on this question, as I thought would be agree-
able to those whom I represent. A large majo-
rity is against my view of the proper mode of
electing the judges, and I shall now aid the
friends of the measure in perfecting the details
in such way as will be most beneficial to the peo-
ple of the State. |
