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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 542   View pdf image
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542
a large majority of that committee were from
the counties in Maryland, and it would be im-
possible in the face of county prejudices against
Baltimore city to obtain their sanction to such
doctrines. We were not speaking for the city
of Baltimore, but for the whole State, and
showing that it was necessary to have har-
monious action. Nor was it proper to bring
forward questions on which the party was di-
vided. Let me refer the gentleman to the reso-
lutions of the Democratic City Convention,
passed during the session of this Convention for
a sound exposition of our doctrines. The gen-
tleman had said that speakers went through the
State repudiating representation according to
population. Had not the gentleman from Charles
county (Mr, Jenifer) borne testimony to the
fact that his (Mr. B's) humble self, in the anti-
reform county of Charles, did in July last, in
the presence of the present Governor, then a
candidate, proclaim that he (Mr. B.) would
himself vote in this Convention for representa-
tion according to population, in the House of.
Delegates, but then declared himself in favor of
a compromise by leaving the basis of the Senate
to stand as it now is.
Mr. JENIFER, That is all correct; but the
gentleman stated at the same time that he did
not know the views of his constituents.
Mr. BRENT, of Baltimore city, remarked that
he differed with the recollection of the gentle-
man; he (Mr, B.) had not said that he did not
know the views of his constituents.
He said that he had been nominated without
instructions, but he would vote for representation
according to population. He never did or could
have said that he was ignorant of the views of
his constituents. And the gentleman had con-
firmed the fact that he had avowed his own de-
termination to vote for representation, and pub-
licly had displayed his colors. He (Mr. B.) had
never sailed under false colors. He had never
repudiated representation according to population.
He had always said that the people had a right
to representation in both branches of the legisla-
ture; but he had said he was in favor of a present
compromise between territory and population;
which compromise he had advocated and explain-
ed here. But when the gentleman said that the
city of Baltimore is against this thing, why not
put a clause in the Constitution, and test the
question in Baltimore. He challenged the gen-
tleman who claimed to represent a certain wing
of Baltimore, to put in the Constitution an arti-
cle declaring that we shall have representation
according to population, provided the people
should so declare in June next. He (Mr. B.)
would abide that issue. And he would say here
publicly, that if the people of Baltimore did not
cast a majority of 10,000 in favor of it, he would
not undertake to preach republican doctrine
again.
Mr. THOMAS said. that as he was the originate
of this proposition for districting the State in the
election of the judges of the court of appeals, he
might be allowed to say a few words. He had
never had, from the beginning of the session to
that hour, a purpose or sentiment to disguise.—
He had always looked upon the judiciary as a
branch of the government having nothing to do
with politics, and he would not assist in giving it
a political organization. And when he said a
political organization, he meant to distinguish it
from the office of Governor. And as some of the
gentlemen on the other side of the argument,
(Mr. Brent, of Baltimore, and Mr. Spencer.)
were insisting that those who ascribe intelligence
enough to the people to elect a Governor, ought,
if they would he Consistent, to favor the election
of the judges of the court of appeals by a general
ticket, he would inquire briefly whether there was
not a manifest distinction in the cases assumed
to be parallel.
The people of one section of Maryland may
readily have the requisite information to elect a
candidate for Governor residing in another sec-
tion, because he personates a political creed or
principle. The political opinions of a candidate
for a political office, are known all over Maryland.
His opinions entertained, in common with others,
have been discussed, examined and illustrated
upon every hill and valley of our wide-spread
land. When the candidate is brought out, be is
as perfectly at home by the fire-side of our peo-
ple in one section, as he is in another. It was
enough to know that he was sufficiently honest
to carry out the principle for which he contended,
He was a mere agent and depositary of political
power. Now, carry that out, and apply it to the
judiciary of Maryland. There was no analogy.
You could not discover it. And if gentlemen
could show him there was any analogy in the
case of the judges, he would be pleased to learn. If
they would show him that there was one of those
great principles lying at the foundation of that
political party to which he had given his youth
and manhood, (and to his connection with which
he looked back with no regret, having nothing
to retract or to qualify,) involved in the choice
of ajudge, he would not be found faint-hearted
in its advocacy. He stood now ready—he had
always stood ready—to maintain the truth in
that respect. If he had evidence to satisfy him
that the court of appeals ought to be composed
altogether of politicians of one class, he would
be as untiring, uncompromising, and stern and
steady in the maintenance of that opinion, as in
his past political life.
But when gentlemen asked him to take a party
course in reference to the election of Judges .as
analogous to the election of politicians to a po-
litical office, he would claim to have it clearly
proved that they were to be clothed with polit-
ical powers.
Show him what political principle they per-
sonate. Where was it? They were to be ap-
pointed to decide questions between A and B,
in which the public generally had no sympathy.
They were to decide questions of law. And
gentlemen knew there was a wide distinction
between the Supreme Court of the United States
and the Court of Appeals of Maryland, In the
former, great political questions were often to
he decided; in the latter, it is difficult to anticipate
that any question of that character will
come up for determination. In our Court of


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 542   View pdf image
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