abundantly capable of making the selection
for themselves.
Is it not a notorious fact that a man can go
into any judicial district in the State of Ma-
ryland, into any county of the State of Mary-
land, and inquire of the most ignorant man
he can find there, who is their best lawyer,
and he will immediately be told. In our
own county the little boys, the children in
the streets, can point out the best lawyer in
the. county.. So that the parties who are to
make the selection in our county are better
qualified to do so than the governor or the
legislature, of whom not five men, three
men, and perhaps not one man out of the
county will know anything about the parly
to be appointed. The governor and the leg-
islature must rely upon information obtained
from others, from the delegates or senator
from the county, or they must rely upon personal
representations made lo them as to the
fitness of the party who asks for the office.
I am one of those who are willing to trust
the honestly of the people in the selection of
their officers at all times. There is just as
much corruption, jus' as much wire-pulling,
just as much personal preference in the se-
lection of judicial officers by the governor
and the legislature, as there is among the
people; and more so. They are appointed
through the representations of personal
friends; and there is just as much liability to
get incompetent men as there is by allowing
the selection to be made by the people. After
all, these things are to bejudged by their re-
sults, The elective feature has been adopt-
ed, I believe, in most of the States; and
have yet to learn that the bench in the States
is now more corrupt or less competent than it
was under the appointive system.
Therefore I am in favor of the election of
the judges by the people, not only in the circuits,
but in the court of appeals also. It
has been argued that the man in a distant
county of the State has no interest in the se-
lection of a judge for the court of appeals.—
Be is as much an integral portion of the
State of Maryland and of the population of
Maryland, living in the county of Allegany,
as if he lived in the heart of Baltimore city ;
and he has just as much right, and perhaps
just as much interest to the extent of his fi-
nances, in the selection of a judge of the
court of appeals as the main who lives in the
heart of Baltimore city. The man whose ju-
risdiction extends all over the State, over
every part of it, is as much the officer of the
individual who lives on the top of the Alle-
ganies, as of the man who lives on the shores
of the bay; and the one citizen is just as
much interested in the selection of that officer
as the other; and it is just as right and proper
that he should vote for him. Hence the pro-
priety of electing judges of the court of ap-
peals by general ticket. This system of select-
ing judges of the court of appeals by dis- |
tricts is not proper, because every man in every
portion of the State has an equal interest
in the selection of the judges of the court of
appeals, because they preside over his cases
and determine them. The judge of the court
of appeals does not decide the cases that
arise particularly in the district in which he
is chosen, but he sits injudgment upon cases
that come to him from districts that have no
voice in his selection. There is injustice ill
that , and as a State officer he ought to be
elected by a State ticket.
A State officer is the servant of the entire
people of the State, and the entire people of
the State have an equal interest in hiss lection.
So I am really on principle inclined to favor
the election, both of judges of the court of
appeals, and of judges of the district courts.
1 believe it would be most hazardous lo at-
tempt to take away this right of selection
from the people.
Gentleman in this convention have been
speaking much about the apprehension that
they might do something to jeopardize the
adoption of this constitution. In my bumble
judgment you cannot more effectually jeop-
ardize the adoption of this constitution than
by attempting to take away a right which the
people know that they possess. The people
are jealous of being deprived of power they
once possessed. You would a thousand times
better never have given it to them at all;
there would then not be so much difficulty in
withholding it. But having possessed it, hav-
ing exercised without, any dissatisfaction to
themselves or any detriment to justice through-
out the State, they will be very loth to give
it up. If gentleman are sincere in their disposition
to inert nothing in 'this constitution
that may jeopardize its passage, I think they
would better bevery careful about attempting
to take away from the people this privilege.
There are a few of the lower officers of the
State, such as constables, road supervisors,
and perhaps magistrates, whom there may be
some ground fur appointment; at least the
constables and road supervisors. But as to
the higher officers, the judiciary, I am not
inclined to touch them, or to change the
principle concerning them which now exists
in our constitution. The people have not suf-
fered. The complaint in our county is not
about the circuit judge, or not about. the court
>if appeals particularly, except that they think
they ought to have a chance to assist in the
election of officers who preside over their cases
if they are elected at all; but it is with regard
to these little petty offices where they have
suffered. But there is no complaint; there
is no wish or desire, I believe, among the peo-
ple to have a change in regard to the mode
of selecting circuit judges or judges of the or-
phans' court. There may besome difference
of opinion with regard to these lower offices;
and I am not so very particular about
them, whether you elect the magistrate, or |
