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Assembled at the City of Annapolis, Wednesday, April 27, 1864 :
BEING A FULL AND COMPLETE REPORT OF THE DEBATES AND PROCEED-
ASSEMBLED, AND THE NEW CONSTITUTION.
Mr. ABBOTT. It does not accomplish the office by a constituency, are not the highest object which I bave in riew, which is to test recommendations for a judge. I think the the question at once.
experience i hroughout the country, wherever Mr. THRUSTON. I will withdraw the amend- it bas been tried, is that the independency of ment for the present.
the judiciary is better promoted by a system Mr. Morgan demanded the yeas and nays such as is bere recommended. I shali ihereupon Mr. ABBUTT's annendient, and they fore vote against the motion which has been were order d.
made by my colleague Mr. STOCKBRIDGE. I do notknow tbat there Mr. Thomas. I am as much indisposed as is any object to be attained by taking up ihe my, col eague (Mr. Stockloriage,) to make any time of the convention by any discussion of extended remarks in relation to the proposithese two great systems. They have been lion submitied by the gentleman from Balbef're the country a great many years; and timore city (Mr. Abbott) to strike out the probably every member of the convention has word " appointment." And I am as fixed in bis judgment Tully matured upon the subjict. my opivion as to the expediency and justice I shall tterefore not take up ihe time of the of the election of judges as of all other officers conventiou by any discussion. I have my of the people, as he is in relation to the apown opinion upon the subject, very clearly pointment. I will say here in relation to detined, what is best for the people, and what those opinions that they are not newly born. is best for the State. That opinion is embo I have held then from the time I was a boy ; bied in the report. I ain satisfied that the from the time I first coumenced 10 mix and plan here presented for the consideration of mingle among the people of the State. While the convention is the one which in the end the gentleman says that he believes that a will give most satisfaction to the people of great portion of the pople of the State are in Maryland. I am satisfied of it upon general favor of the appointment system. principles, and as the result of observation Mr. STOCKBRIDGE. I did not suy that. during the last fifteen years in the State, un- Mr. Thomas. Then I beg pardon; but I der both sysłems, first the one and then the assert that in so far as my immediate conother. But there are other gentlemen present stiluency is concerned, thắt portion of the who have perhaps had the same opportunities State which I represent, being the working for observation that I have. I am sutisfied men of the State, ihey are unwilling to give that all the essential qualities of a judge, as up this right of the election of judges by the set forth by us in two of the sections of the de- people. claration of rights, can better be atlained un- The gentleman has read from the bill of der the system reported here than by the adop rights in relation to the uprightness and intion of the proposition of my colleague (Mr. tegrity of judges. I suppose that he wants Abboti.) We have said:
to argue from that that the people cannot "Art. 18. That every man, for any injury elect good and upright judges. We bave had done to him in his person or property, ought an experience of fourteen years in the State to bare remedy by the course of the law of of Maryland under the elective system; and I the land, and ought to have justice and righ assert without any fear of contradiction from freely without sale, fully without any denial, any quarter, thai as a general thing the judiand speedily without delay, according to the ciary of Maryland this day is as good as could law of the land.''
be sel. cted for the price you pay to the men We have said also :
put in office. There is another principle in "Art. 32. That the independency and up- ine bill of rights which is as much tu be re rightness of judges are essential to the impir- garded by this convention, in the pro isions tial administration of justice, and a great se- which they will put into this new constitus curity to the rights and literties of the peo- tion, as the section which the gentleman has ple.
read. The first article of the bill of rights In the adoption of these two cardinal prin- says that all government of right originates ciples, I believe we are all agreed. The only in the people; and ibe second section saya question which divides us is, which of these that the people of the State have the sole and systems will best conduce to the great olijects exclusive right of regulating the internal govo there specified and aimed at. I have no doubt ernment and police thereof. upon that subject.
The gentleman says that the judicial power It should be borne in mind that the judicial of the State is not a representative power. office is in no sense a representative office. I will admit it; but still it is a power of the Wherever the people are to be represented State. It is the most important power of the through their agents, it is undoubtedly best State. Your legislature, which is to be tho that the people should freely and intelligently immediate representative of the people, might exercise their choice. But this is one of the go to work and pass its laws; and if those offices which calls into requisition bigher laws are unconstitutional they are to go bequalities than what are supposed to constitute fore the court of Appeals, and their constitathe popular man in the community. A fu- tionality is to be decided by that court of ent iongue, and a knack of getting elected to appeals. So far as that is concerned, your