tion, shall ever be opposed to a court which
shall occupy so high a position, being selected
by political conventions. My opinion is that
that court, should not only be above political
bias and political influences, but be above all
influences whatever, save and except the law ;
that the law alone should govern and rule the
mind of the court. As this convention has
decided otherwise, let us use the means which
will give to us as pure and as honest a court
as we can get,
Mr. MILLER, One word with reference to
an assertion made here to the convention re-
specting the election by general ticket of these
supreme judicial officers in other States. It
has been asserted that that is the universal
doctrine practiced by all the other States of
the Union. That is not the fact. In the
great States of Illinois and Indiana, two of the
great northwestern States, the supreme court
is divided into districts, and the electors of
the several districts vote for them in these
several districts only. So it is in Kentucky ;
and so it is in Oregon. How it may be in
other States I do not know; having only ex-
amined a few. It is not therefore the prevail-
ing opinion of the people who are most expe-
rienced in an elective judiciary, that they
should be elected by general ticket.
I think it is best to keep out of politics the
election of these judicial officers. Under our
present constitution, when the election of
judges was first thrown before the people in
our judicial district, two gentlemen of high
standing, both belonging to the same politico
party, came out as independent candidates to
that office, recommended by their friends.
hope it may continue to be so in other dis
tricts of the State. Chanceller Johnson was
one of the candidates, and the gentleman who
was elected, Judge Tuck, was the other
They both belonged to the same political par
ty, and both received Votes from each of the
two parties. I trust that the nomination of
judges never will be made a political matter
If it is, I have great fears that the judicial de
partment of the government, the most impor
tant of all, will degenerate into the same
state that some of the other departments of
the government have degenerated into.
Mr. NEGLEY. Will the gentleman allow me
to ask him one question? Did any President
of the United States ever appoint a judge of
the supreme court from any political part
but his own?
Mr. MILLER. No sir; I do not know that
he did.
Mr.NEGLEY. Did you ever know a State
governor to recommend to the legislature
when he had the power to appoint, any judge
except of his own party ?
Mr. MILLER. I am not upon the question of
appointment or election. Yes; in our own
' State Governor Hicks appointed a gentleman
of the opposite political party from his own
and Governor Thomas did the same thing |
Mr. JONES, of Somerset. 1' will state that
not only did Governor Hicks appoint him,
but when the time came for a new election,
both parties concurred and elected Judge Car-
michael without opposition. Judge Barton
also wag appointed by a political opponent.
The question being en the adoption of the
amendment of Mr. THRUSTON to the amend-
ment Of Mr. DENT ;
Mr. STIRLING demanded the yeas and nays,
and they were ordered.
The question being taken, the result was—
yeas 39; nays 30—as follows :
yeas—Messrs. Annan, Audoun, Barron,
Brooks, Cunningham. Cushing, Daniel, Da-
vis, of Washington, Ecker, Galloway, Hatch,
Hebb, Hopkins, Hopper, Jones, of Cecil, Kee-
fer, Kennard, Markey, Mayhugh, McComas,
Mullikin, Murray, Negley, Parker, Pugh,
Purnell, Robinette, Russell, Sands, Schley,
Schlosser, Smith, of Carroll, Smith, of Wor-
cester, Stirling, Stockbridge, . Sykes, Thrus-
ton, Wickard, Wooden—39.
Nays— Messrs. Abbott, Berry, of Prince
George's, Billingsley, Blackiston, Brown,
Chambers, Crawford, Davis, of Charles, Den-
nis, Dent, Duvall, Earle, Edelen, Gale, Hor-
sey, Jones, of Somerset, King, Lansdale,
Lee, Marbury, Mitchell, Miller, Morgan, Par-
ran, Peter, Smith, of Dorchester, Swope,
Thomas, Todd, Turner—30.
When their names Were called,
Mr. ABBOTT said: Much preferring the system
proposed by my colleague (Mr. Thomas,)
to divide the State into four judicial districts,
and to elect the chief justice by general ticket,
1 vote "no."
Mr. KINO said: For the reason assigned
by the gentleman from Baltimore city, pre-
ferring Mr. Thomas's amendment, I vote
"no."
The amendment to the amendment was ac-
cordingly agreed to.
On motion of Mr. GALE, on division—ayes
35, noes 26—
The convention took a recess until 8 o'clock,
P. M.
EVENING SESSION.
The convention met at 8 o'clock, P. M.
The roll was called, and the following mem-
bers answered to their names :
Messrs. Goldsborough, President; Abbott,
Annan, Audoun, Berry, of Prince George's,
Billingsley, Blackiston, Brown, Carter, Cham-
bers, Clarke, Crawford, Cunningham, Cush-
ing, Daniel, Davis, of Washington, Dent, Du-
vall, Earle, Ecker. Edelen, Gale, Galloway,
Harwood, Hebb, Hodson, Hoffman, Hopkins,
Hopper, Horsey, Jones, of Somerset, Keefer,
Kennard, King, Lansdale, Lee, Marbury,
Markey, Mayhugh, McComas, Mitchell, Miller,
Morgan, Mullikin, Murray, Negley, Nyman
Parker, Parran, Pugh, Purnell, Robinette,
Russell, Sands, Schley, Schlosser, Smith, of |
