cancies. I cannot therefore vote to strike
out the word "appointment," whatever my
views may be with regard to the best system
to adopt.
The PRESIDENT. It is to test the sense of
the convention,
Mr. STIRLING. It will test it wrongly then,
if it leads us to strike out what ought to be
in there.
Mr. THRUSTON. I only withdrew my
amendment temporarily. I shall renew it
after wards.
Mr. RIDGELY. I do not see the slightest
necessity for the amendment suggested by
the gentleman from Baltimore city (Mr.
Stirling.) There is a special section which
provides for the case of death, resignation and
removal from office, which means that diffi-
culty. Here the word first occurs, and this
is lire appropriate place, it strikes me, in
which the sense of the house ought to be
tested.
Mr. CHAMBERS, I have but a word to say. 1
have heretofore expressed at large my views
upon the subject. I have not altered any
opinion I entertained since the convention of
1851. But may be permitted lo say that what
1 considered then as probable, all the mis-
chiefs I foresaw have not only been realized
but have been experienced to an extent fair
beyond my anticipation at that time. I hold,
as I always have heard, since I have hard any
intelligence upon the subject, that the tenure
for life or for good behavior, and the system
of appointment are both important, and the
former I deem still more important than the
latter.
1 merely mean now to have my opinion re-
corded as not only unchanged, but confirmed.
All the experience I have had is that you
have lessened the character of the judiciary ;
and I was going lo say, you have abolished
the respect to the organs of the law, which
those organs have in former times universally
experienced at the bands of the people. But
upon my opinion I do not deem it necessary
now lo enlarge, or the reasons for it. I un-
derstand that opinion? halve been formed.
But I rise now for the purpose of suggest-
ing the fact that this proposal is out of time,
There are persons upon this floor who will
advocate the appointment of a portion of
the judiciary, and the election of another
portion of it. I shall vote that way. I now
believe that a majority of this body will cer-
tainly adopt a system of appointment, so far
as the judges of the court of appeals are concerned.
The idea of giving to (he men in a
distant part of the State the appiontment of
a judge of the court of appeals, whose sole
authority is to decide questions of law; the
idea of giving to file man who lives at the
remotest distance in the State, whose habits
have never claim the exrcise of one moment's
reflection upon the qualifications ne-
cessary for a judge of the court of appeals, |
who perhaps may not know how many
judges sit there, or whether there is such a
court at all; the idea of calling upon such a
man to elect a judge to the highest judicial
tribunal of the State, is one which I hope
will not be considered proper.
If you undertake to decide the question of
the election of the judiciary as an abstract
question, and preferable to their appointment,
you embarrass those who intend to make this
distinction. I suggest, therefore, that this
is a merely verbal alteration. Undoubtedly
if the house shall at a future time decide
that the court of appeals shall he appointed,
and that the circuit judges shall be elected,
nobody will hesitate to turn back to this
section and add the necessary words to meet
that state of the case. The gentleman from
Baltimore will therefore perceive that he has
been in great haste to make this change, be-
cause there is not now the slightest necessity
for it. There is not a man here, certainly,
be his opinions upon this question what they
may, who would for a moment hesitate, if the
house should decile that the court of appeals
shall be appointed and the circuit judges
elect ed, to say it is right to make the change
in this section necessary to conform to that
i decision
Mr, SANDS. I do not purpose now to
argue the comparative merits of the two sys-
tems, appointive and elective. I should not
have risen at all had I not some days ago
intimated that I might perhaps as a member
of the judiciary committee, submit a minority
report. Circumstances induced me to alter
my mind with regard to that matter, be-
lieving that I could attain any ends I might
have in view as well by amendments of sec-
tion after section, as the judiciary report
shall he read, as by a minority report,
There have of course to my mind, as well
as to the minds of other gentlemen, been rea-
sons suggested for and against both systems.
I know that the judiciary power of our sys-
tem of government is perhaps the most important
branch of the government of; because it
does not matter what laws you have upon
your statue book, if your judiciary misinterprets
or misconstrues them. We are all
satisfied of the necessity of wise, learned and
impartial judges. The question of course
with us all is how best to obtain hem. How
shall we best obtain the man for Hie place?
Although the remark of my friend from
Baltimore who has addressed the con-
vention might at first strike the ear as not
containing the truth of the inalter, that the
people of the judicial district or circuit were
better qualified to judge of the man as to his
moral character, and as to his legal learning,
than the governor of the State, although it may
have seemed to have lit ie weight or truth in
it; yet reflection : you are to have a man to
occupy the bench of one of your circuits.
He is either to be chosen by the people or by |
