me to lose sight of a very important consider-
ation; that in the election of an officer by
the large mass of the people, there is no means
of fixing the responsibility of the incumbent
upon anybody. It is divided among the whole
mass of voters; whereas in the appointive sys-
tem the governor himself is held responsible.
The court will, therefore, always be more
carefully selected from men suited to the
place,
Besides, our government is nut a pure
democracy. It is not even so far a democracy
that the people have a right to elect. It is a
representative democracy, it is true; but it
has conservative elements in it as well. One
of these conservative elements is and should
be, that the judiciary should be as far removed
from the people as compatible. What I mean
is this; that there should be no judge placed
in such a position or condition that his sup-
porters or friends can claim that he should
yield to them a favor which he would not
grant to a stranger.
It is absolutely certain, since judges are but
men like all the rest of us, that if there be a
highly influential individual in the county or
the district, who has zealously supported the
individual as a judge, it is natural that that
judge should have a leaning towards him and
his interests, whereas a judge ought not to
know anybody. It would often happen in
the election of judges by the people that the
most popular man was by far the least quali-
fied for the place. In fact, it is well known
that some of the very best men, the men best
suited for such a place as judge of the court
would perhaps obtain the fewest possible votes.
Instead of pushing himself, and endeavoring
to secure voles, probably the most suitable
man would be a man who would shrink from
being dragged before the public and made a
candidate for their suffrages.
it is for these reasons, briefly stated, that 1
shall advocate the appointive system. I have
no objection in the world to exercising every
right in voting which I think would conduce
to the public good. But as it has well been
suggested the office of judge is not a representative
office. He ought to stand aloof, far
above any communication or political affinity
with anybody in his district. These are my
reasons for supporting the appointive system,
and I shall do so with a great deal of pleasure
The question being taken, the result was—
yeas 51, nays 19—as follows :
Yeas—Messrs, Goldsborough, President
Abbutt, Annan, Audoun, Billingsley, Black
iston, Carter, Crawford, Cunningham, Dail
Davis, of Charles, Davis, of Washington
Dellinger, Dent, Duvall, Ecker, Edelen Gal
loway, Harwood, Hodson, Hopkins, Jones, of
Somerset, Keefer, Kennard, King, Lee. Mar
bury, Markey, Mayhugh, McComas, Mitchell
Morgan, Murray, Negley, Nyman, Parrain
Peter, Purnell, Ridgely, Robinette, Sands
Schley, Schlosser, Smith, of Carroll, Smith |
of Dorchester, Smith, of Worcester, Swope,
Thomas, Turner, Wickard, Wooden—51.
Nays—Messrs. Berry, of Baltimore county,
Bond, Brown, Chambers, Daniel, Earle, Hop-
per, Jones, of Cecil, Lansdale, Miller, Mulli-
kin, Parker, Pugh, Russell, Stirling, Stock-
bridge, Sykes, Thruston, Todd—19.
When the names were called,
Mr. DAVIS, of Washington said: My vote
on this question indicates my individual pre-
ference. At the proper time I shall with a
great deal of pleasure vote to allow Baltimore
city such a system as will suit them best. But
with reference to the system for the whole
State, I vote "aye."
Mr. STIRLING said: I do not vote upon this
question with any reference whatever to the
question of the elective or appointive judicia-
ry; but I think this word ought not to be
stricken out, no matter what the convention
intends to do; and I therefore vote ''no."
The amendment was accordingly agreed to.
Mr. THRUSTON. ..1 move to amend this sec-
tion by inserting alter the word ''election,"
the words ".or appointment."
Mr. THOMAS. What is the object of that
amendment, I would ask the gentleman?
Mr. THRUSTON. I think the object in very
apparent. If we adopt an elective system of
judiciary, then in case of vacancies there must
be appointments made by the governor for
the rest of the term so vacated, or until an
election can he held. And the object of my
amendment is to provide that the same quali-
fications shall be possessed by the person?
who are appointed to these offices, that are
possessed by those who are elected to these
offices.
Mr. THOMAS. if that be the object on the
amendment, there is a section in the present
constitution, which I will submit at the
proper time, and which will provide for the
very same thing which the gentleman desires
to provide for. it is the section in relation
to vacancies occurring in consequence of death,
resignation, or disqualification cot judges. I
do not think this is the proper place for this
provision, and therefore I shall vote against
the amendment now offered.
Mr. STIRLING. The convention has em-
phatically determined in favor of an elective
judiciary, and we may as well make all ne-
cessary provisions as we go along. And
unless you make some such amendment as
that proposed by the gentleman from Allegany
(Mr. Thurston,) the governor can ap-
point to fill a vacancy a man who has not
resided in the State one day.
Mr. THOMAS. I submit that the better way
would he to provide by a separate and dis-
tinct section, in relation to vacancies caused
by death, resignation, or otherwise, and not
mix it up with a section which provides for
the election of these officers.
Mr. STIRLING. You are fixing the qualifi-
cation about residence now. |
