marked, upon all other departments of the go-
vernment, I feel but little concern, compared
with the one we are now considering. I desire
to see a pure judiciary. I may be mistaken in
my notions about the best mode to bring about
such a result. I know that men are but men.
I know that education, proper discipline, asso-
ciation, &c., makes a vast deal of difference in
human beings; but it is an old saying, and a
pretty true one, " every one has his place, and
every one his price." I will not remain silent,
when I am told that we have a want of confi-
dence in the people, that we mistrust them,
because we desire to moke an independent judi-
ciary for them. and when we are willing that
the people shall elect their own judges, though
I would like to have had a longer term. I am
willing to give these judges, when they shall be
elected, a liberal, though I do not want to give
them a profuse compensation, but I never will
give my vote to make them re-eligible, unless a
sufficiency of time shall have elapsed to cool
their political ardor.
I am not disposed to protract this discussion.
I was asked, a week or ten days since, whether
I supposed that there was any one here aspiring
to fill these offices we are about to create? Well,
I am a modest man, and do not like always to
say what I think; but judging from what I have
seen here, and heard here, I have come to the
conclusion and take the liberty of thinking that
there are those here who would not object, at
least have patriotism enough to reconcile
them to taking if called upon, some of these
high offices. I have no objection to that. Arc
you going to give to the people a judiciary such
as their lives, their property, their persons re-
quire. That is what I look for and desire, and
that what I intend to vote for. I never intend
and never have intended, to pander to that sort of
prejudice that is often gotten up. The people are
honest, the people intend to do right, the people
if let alone, will do right, and always would and
always will if not misled by agitators. But it is
to guard against the studied efforts of agitators,
of men who, to answer particular purposes, care
very little about the interests of the people, I
desire to see this amendment negatived. I shall
submit quietly to it, though not without regret.
I feel that I am divested of all selfishness, I
never can be a judge, prosecuting attorney, or
any thing as an attorney. My children are small,
and all females but one. In this matter, I look
entirely to the preservation of the interests of
the people. For this I have supposed we were
called here, but now begin to doubt whether all
have come here with that understanding and at
least that determination.
Mr. GRASON said: The re-eligibility of the
judges presents a question that is not entirely
clear of difficulty. It is certainly important that
the office should be so constituted as to induce
competent persons to accept it. If judges are
elected for ton years, and are ineligible afterward?,
the people will be compelled to choose between
lawyers, who have lost their practice, and those
who have never had any; unless a much higher
salary be allowed than is proposed by the Con- |
vention. Lawyers in full practice will not relinquish
their business for a seat on the bench,
from which they must retire at the end of their
term. When it will be too late to resume their
professional labors. But it is urged, as an ob-
jection to the re eligibility of judges, that instead
of firmly discharging their duty, they will fre-
quently be influenced by a desire to conciliate
popular favor, for the purpose of securing their
re-election. Admitting that weak or corrupt
judges might possibly be controlled in their decisions
by the fear of losing their popularity, how
could they be secured from such influences by
making them ineligible, unless they are deprived
of the right to fill any other office after the expi-
ration of their term?
We are about to confer on the people the privi-
lege of electing all the important officers of the
State, and a judge, ambitions of public distinc-
tion, would be as apt to yield to popular clamor,
from a wish to be elected clerk, or register, or
member of Congress, as for the purpose of being
continued in the office which he held. Besides,
he would have no inducement to improve his ca-
pacity for a station in which he could not be con-
tinued; but on the contrary, would be more likely
to participate in party contests, as the only means
of securing a party nomination to some other office.
When the vote was taken yesterday, for
the election of judges by the people, I was pre-
vented, by indisposition, from taking my seat in
Convention. When the name of a member is not
found among the yeas and nays, on questions of
importance, he is sometimes suspected of a wish
to avoid responsibility. I therefore take the pre-
sent opportunity of stating that, if I had been pre-
sent, I should have voted in the negative.
Mr. HOWARD said, I regret exceedingly that in
the vote I am about to give. I shall differ from
some of these gentlemen with whom it has been
my pride and pleasure to act, and in whose opinions
I have always placed great confidence. The
older I become, the more distrustful I am of my
own judgment. To that natural distrust, there
is added now the consideration that I dissent from
those gentlemen, whose opinions are always enti-
tled to my respect, and sometimes commanded my
acquiescence. I intend to vote for this proposi-
tion. The gentleman who just addressed the
Chair (Mr. Grason) said it was a question sur-
rounded with difficulties. It is so. The main
consideration which influences me is not any dis-
trust of the people, or an unwillingness to confide
any question to them, but it is a conviction of the
infirmity of our nature. There is more wisdom
in the few words that are put together " Lend us
not into temptation." than was ever compressed
into the same compass before. " Lend us not into
temptation." We are about to place upon the
bench a man who will have the control of ques-
tions deeply interesting to the public, deeply in-
teresting to private citizens. I desire to secure
for him an exemption from temptation of every
kind. It is true, as the gentleman from Queen
Anne's (Mr. Grason) has just said, that other
offices are open to these individuals, and in the
effort to obtain them they may swerve from the |
