such a high office as this. I am afraid, sir, as
the gentleman from Queen Anne's just now
said, to go further than I feel the ground firm
under my feet. I admit that we are living in
an age when we are sweeping on to some point
unknown. Not only we of the United States,
but the whole civilized world, are in a state of
progress towards some point that no man can
see. We are told by astronomers that the sun,
with all its planets and their attendants, is moving
forward in the vast sidereal system towards
some spot which we are unable to see, although
they can tell us the direction. So the whole
civilized world is moving forward in a slate of
progress towards some point which we cannot
discern; and all that we know is, that it is in
favor of popular rights. It is sometimes called
progressive Democracy; but whatever be the
term that may be applied to it, I believe in that
fact, and I belong to that school. I am willing
to move on. This Convention is a striking proof
of the existence of that onward motion of the
entire community in which we live. But in
going forward, I am desirous of going gradual-
ly, step by step, and no further than we can see
where we are about to tread,
What great evil will result from the adoption
of this provision? Ten years hence, if this con-
stitution be adopted, the people will have it in
their power to call another Convention to change
it, and in twenty years they may change it. Let
us see how it works. Let us apply the touch-
stone of experience to it. As we move on in
this regular progression, we can correct our
course, or the people can correct it, as far as
they may think it necessary, I know that I
may be thought unfaithful to the school to which
I have just said that I belong—that of onward
motion, I admit that the people of the age in
which we live are remarkable for a continued
and an increasing activity in the public mind.
There is no question in ethics, in politics, in
religion, in science, that is not now made as
familiar to the mass of the people as household
words. The cheap press has done it. The
cheap issue of books has familiarized them to
all these investigations. You hear every where
in societies discussions upon the deepest ques-
tions of political economy, as you ride along the
road or in the cars. The effect of a high tariff,
one of the most difficult questions of political
economy, is discussed every where. The peo-
ple take an interest in every thing that trans-
pires, There is not a man tried in Boston for
murder, but the whole community in the United
States read daily the evidence published, and
form an opinion as to the innocence or guilt of
the man. The discovery of that new planet—
the must brilliant effort of human genius, is not
only made known to the school-boy, but he is
familiar with the mode by which this sublime
discovery was made. So it is with all ques-
tions of science and politics. I admit that con-
dition of the mind of our people, I am willing
to conform to it, I would give them all the
power that they desire—all the power that they
ought to have. My distrust is not in the peo- |
ple—it is in the man who fills the office of
judge. I distrust him, I think it is said that
the people will have a supervisory control over
his action when he comes before them a candi-
date for re-election. I am not willing to bring
the judges before the people as a tribunal of re-
view. It would confuse them, and embarrass
them. They would be unable to form a col-
lected opinion upon his judicial decisions of the
last ten years. I fear the effect of the tempta-
tion upon the mind of the individual; and there-
fore, according to my present judgment, I am
willing to let one judge occupy the bench for
ten years, and then let some body else take the
place.
Mr. SPENCER. I have been so much accus-
tomed to accord with the opinions of the gentle-
man from Baltimore county, (Mr. Howard,)
that I regret now being obliged to respond to his
remarks. It affords abeautiful spectacle in this
Convention, and one which I have observed since
the commencement of this important question,
that it rises above all party considerations, and
which, if we dispose of it aright, will occupy
the same high and elevated platform before the
people. I find myself upon this great question
associated with gentlemen of high political sta-
tion of the opposite party to my own, and I find
myself separated from others with whom, upon
party questions, I have been closely associated.
The moral spectacle is afforded to the commu-
nity, that the judiciary question is above party
strife.
This is no new question to me. For the last
twenty-five years of my life, I have had my eye.
upon the question of judicial reform. And if
there be a single point ill it, which of all others.
I consider essential to the purity of the bench,
it is the limitation of the tenure combined with
re-eligibility. I would ten thousand times rather
vote for the life-tenure of the judges, than to
have it limited to ten years, and then not to have
them re-eligible. I will venture to assert that,
if you elect your judges for ten years, and if
they are not re-eligible, they will be the vilest
panders to party the world ever saw. I may be
wrong; but that is my opinion; and I trust that
there will not be afforded an opportunity to see
whether my prediction may be true or not. I
trust the Convention will see the matter as I see
it, and avoid the evil which I apprehend.
The gentleman from Baltimore county has
said that there is more force than in any other
expression in our language, in that which we
receive from the highest source—"lead us not
into temptation." I concur with him; but I say
that if you wish to lead the bench into tempta-
tion, then pursue the very course suggested by
his argument. What sort of temptation would
he be surrounded by ? The judge is elected to
the bench, and has no inducement whatever held
out to him to pursue a high and elevated course.
All the inducement he would have would be to
reward the men who have elected him, and to
punish those who have opposed him. If the
judge is not re-eligible, and is such a man as
would be liable to be led astray by temptation, |
