go far; and I am perfectly willing to trust
them hereafter. I believe they will look at
this proposition as I look at it; as one emi-
nently just, as one which will in file end lie
productive of no additional taxation ait a',
commensurate with the convenience and ad-
vantage which this will afford. But even if
the people do not so regard it; if the major-
ity of my constituents were to oppose it—I
have no means of knowing it --- still I would'
not feel myself obligated to vote against it,
unless there was some other reason than the'
sentiment of the people; for if I felt con-
vinced that they were mistaken with regard to
its practicable working if put in operation, I
should feel myself justified in voting for it as
I have done. I have a betier opinion of the
people of Baltimore than has been expressed
here again land again by its immediate repre-
sentatives. Whenever anything is clone which
any one of the gentlemen from Baltimore city
seems to think will run counter to the feel-
ings and wishes of any particular section of
that city, they come here and appeal to the
majority to vote against it because it may
possibly lose' votes for the constitution.
Mr. STIRLING. I hope the gentleman will
except me from that remark. I do not in-
tend to make any such appeals in behalf of
Baltimore city. My own impression is that the
vote of the city of Baltimore will not have the
slightest effect in adopting the constitution.
I referred in my remarks to the counties in
the western and northern part of the State.
Mr. SMITH, of Carroll. I understood the
gentleman, if not tonight, certainly on fre-
quent occasions, to advocate this doctrine,
which to me has no practical force whatever.
I believe if the people of Baltimore city, or
any large portion of them, vote against this
proposition as it whole, because some few of
its provisions do not meet their wishes, it
would be weakness and cowardice ill us, that
it would bo slavish in us to yield lo such
wishes and such mandates. I for one shall
certainly not do so. I aim acting on my own
individual responsibility; doing in this mat-
ter as I have done heretofore, what I think is
best for the whole people"; and from that
course I shall not turn.
it appears lo me that there is manifest and
glaring inconsistency' in the conduct of the;
gentlemen from Baltimore city and others
acting in that view, in this matter, compared
with that upon another part of this report.
It is well known that the convention deter-
mined, by ;a consideration vote it is true, that
the elective system should prevail in tine
selection of the judiciary; and further, that it
was determined also by a not very decisive
vole, but by ii very small majority, that the
judges of the' court of appeals should be
elected by general ticket and not by districts.
My friend from Baltimore city (Mr. Thomas)
had an amendment pending. The question
had not been finally determined. The sec- |
tion was open for consideration. On my mo-
tion the further consideration of it was post-
poned in order to furnish the gentleman an
opportunity to express his opinions, and to
invite the attention of the convention to it
fairly, candidly and fully. The gentleman
from Baltimore city and others, this morning,
insisted that the convention hiving deter-
mined, not by a decisive vote, but by asmall
majority, as the journal showed, that the
judges of the court of appeals should be
elected by .general ticket, and not by the
qualified voters of the several districts re-
spectively; it was mot proper for the conven-
tion further to investigate the matter; that it
was not proper that there should be a reconsideration.
While I was willing that that
matter should come up: while I believed,
and believe now, that the better and fairer
proposition in the end would have been, and
that after yours would have demonstrated it
as I candidly believe, that the people should
select from the several districts respectively
the four associate judges, and the chief jus-
tice from the whole State, yet I yielded to
my friend from Baltimore city so far that 1
did not press the amendment against the
wishes of those gentlemen who expressed the
opinion that it should not be considered.
Now the convention having determined in
precisely tine same way that there shall be &
judge in each county in the State, the gentle-
main has expressed his surprise, his conster-
nation almost, that. there should have been
such a vote by a majority of this house, and
that they should have dared to differ with
him in this matter.
It may be a misfortune, but it is the. fact,
that we cannot. all look ait things ' in the same
light. While differing from the gentleman
upon this or any other proposition, I claim
to do it fairly, candidly and concientiously,
with us much concern for the success of this
constitution he can himself entertain. 1
do not ask himself or any one else how 1
shall vote. I consult my own judgment. It
is frail, imperfect., human; still it is tine best
guide I have. And if defeated in a measure,
1 will try to set an example which the gentle-
man many well follow, to yield pleasantly,
and to retire as gracefully as I can. I shall
net attempt by direction or by indirection to
make it appear that those who have differed
from me are not as competent to judge as 1
:am.
Now, sir, coming back to first principles,
1 say that this proposition of itself meets my
hearty approbation. It is not connected at
all with the other matters which have been
debated with it. We may pass this provis-
ion in the report) and adopt it as a section
of the report; and yet we may with perfect
consistency refuse to interfere in the slightest
degree with the orphans' courts as they now
exist, or to throw three counties into a cir-
cuit. This stands alone by itself; and I do |
