Thank God, we have accomplished it. No man
now can rise before this Convention and under-
take to question for an instant that there is an
overwhelming majority in favor of that right of
suffrage. And I tell you now, sir, and honor-
able members of this Convention, who stood
with us upon the subject of electing judges by
the people, I would not give a rush for the pow-
er—I would give it back gladly—if we are to be
denied the power of re-eligibility. The well-
being of this system depends upon starting it
right; upon your electing the proper class of
officers in the first place. And when do you
suppose, as my friend from Prince George's
(Mr. Tuck) has just now intimated, that you
will ever bo able to get a man fit to preside
upon the bench in a court of justice, when at
the time you ask him for his services, you tell
him, Sir, if you shall show hereafter that we
have fixed a right estimate upon you, and that
you are, in point of fact, worthy of the place in
which we place you, still at the end of ten years
you shall re-turn to the ranks of private life, and
it may be to indigence itself. He would scorn
the proposition. He would be justly indignant
at being called on to forsake his professional
pursuits fora scat on the bench, when he is to
be told that, however faithful and competent he
may show himself to be, he is to be dismissed at
the end of one term.
Every body here loves the people, the dear
people, and no body has indicated that love for
the people in more measured terms than my
friend from Dorchester, (Mr. Hicks.) But how-
ever great your love may be, you, who set your-
selves up par excellence, as loving the. people, it
does not exceed mine. I propose to test that
fact. I propose to see whether yours is a mere
profession, or whether you are prepared to practice
it to the end. We call upon the sovereign
people upon a particular occasion to elect a
Judge. They elect him. The judge is an able,
honorable and virtuous gentleman, who bows to
no sinister influences, is led off by no false in-
ducement, abates no job of heart or hope, but
still bears up and steers right on to that which
he believes to be right Nine years of 'the ten
for which we have elected him have expired,
and his constituents become anxious to know
what is to be the fate of that upright judge. All
men with one voice proclaim that he is the fa-
vorite of the people, not because he has elec-
tioneered with them, not because he has truck-
led to low behests, but because he has acted
with uprightness, independence and propriety.
We say that we so far love the people as to con-
fide in them the power to elect that faithful
officer. But the honorable gentlemen upon
the other side say—our love does not go quite
to that extent. We think we love them well
enough to try whether or not they can make a
good selection in the first place; but if they
prove that, if they have made a good selection
of a. faithful and honest officer, we do not love
them well enough to let them go on to re-elect
him. There is the difference between the hon-
orable gentleman from Dorchester and myself. |
I am willing to carry out the experiment. In
the first instance, it is but an experiment.
But observe to what consequences this may lead.
We are to go into the community to look for
judges. We are to elect men upon trust. If the
elected judge turns out ill, at the end of the ten
years he ceases to he judge; but if he turns out
well, we are not only desirous to retain him, but
retain the right to retain him. The gentleman is
willing that the people should make the experi-
ment in the first place, and select a man and place
him upon trial, but if he turns out well he is not
to retain the place. On the other hand if he
proves a valuable officer, we would say to him,
in the language referred to by my honorable col-
league, (Mr, Howard,) "Well done, good and
faithful servant;" while, if he be untrue to us and
prove derelict to duty, we say to him, " Depart
into outer darkness." Our love for the people
would induce us to allow them to enjoy the ad-
vantage of a re-election, if the just experiment
should succeed. Now let us see whether my
friend? over the way or myself are the most ar-
dent in our love for the people.
I said that I did not propose to take up your
time. I have said more than I intended. I do
not like to differ from my friend on my left, (Mr.
Howard.) but I cannot possibly agree with him.
He seems to think that because there may he other
men in a particular district competent to preside
in a court of justice, we should turn out the incumbent.
Why should you be uneasy upon the
subject? says my friend, is there but one honest
man to be a judge in a particular district? But
when you have fairly elected fit men, and when
he is actually performing the judicial functions,
why should you turn out a tried and faithful ser-
vant, and go about groping in the dark for one
who may not he near so good? I do not mean to
say that there is not one suitable man, or that
there may not be forty. But when you have a
judge you know to be in every way fitted for the
office, there is a risk in throwing him aside. And
why run off after strange gods ? Why should my
friend anticipate danger, from the fact that there
may he a dozen other fit persons for judges in the
neighborhood. quite equal to the man presiding?
We have one known, tried man, and there is no
necessity for going off in search of others.
I have done; but before I close, I must tender
my thanks to the gentleman from Anne Arundel,
(Mr. Dorsey,) for allowing me [laughter] to
close. Ah. I see the honorable gentleman is not
in his seat. I was going to thank him for allowing
me to conclude without interruption. This
is the first time, I think, in which I have got so
far on without being interrupted at least four
times; and I have sometimes thought that my
friend from Kent (Mr. Chambers) was too much
given to this practice; bill no more of this. If
the Convention will pardon me, I will make a
remark or two in reference to the judiciary.
I have no feeling of animosity toward any mem-
ber of the bench of Maryland, and if I had I
would scorn to avail myself of my position here
to give vent to it. I am on terms of intimacy
and friendly intercourse with many of the judges |
