cles, and elect their own judges from their own
knowledge, you will always find that they get
good judges.
Mr. SPENCER. In reference to New York, I
know the press is licentious in a great many
things—the papers condemn the election of
judges by the people. A man was lately indicted
then charged with being a swindler. The an-
nunciation of his acquittal has gone forth to the
world. The papers, which usually speak the
sentiments of the people, are proclaiming that he
is a great scoundrel, and state that if a man only
has money, he can buy his way through any
court. I do not believe it; but when a sentiment
of that kind is uttered by the public press in re-
ference to the judiciary, ought we not to stop
and reflect upon this subject?
These, Mr. President, are my views on
this great and deeply interesting question.
and the opinions of my constituents, with a
few exceptions, when I was elected to this Con-
vention—I shall by my votes carry them out as
far as practicable. But should it he the determi-
nation of a majority of this body to elect the
judges by the people, be assured that in all the
sincerity of my heart, that I will endeavor to
make the schema as perfect as possible, and will
support and sustain it with all my heart, here and
at home.
Mr. CRISFIELD moved to amend the fifth sec-
tion of the report of the committee by striking
out the words, "for the term of ten years," and
inserting in lieu thereof the words, "during good
behavior,"
Mr. CRISFIELD said:
The vole upon my amendment brings the Con-
vention to decide the question, unconnected with
other questions, between a term of ten years and
a tenure of good behavior. It is not mixed up
with any question as to how the Judge is to he
appointed. I shall not occupy the time of this
body with any remarks in favor of this proposi-
tion .
The able argument advanced by the gentleman
from Kent, (Mr. Chambers,) is sufficient to con-
vince me, if I had entertained any doubts upon
the subject, and I feel that I could add nothing
to its weight, on any thing which could give it
additional force. And allow me to add, I have
heard no suggestions from any quarter which
weakens the force of that argument or my con-
victions. I ask the yeas and nays on my amend-
ment.
Mr. WARE rose for asimilar purpose.
A motion was made that the Convention ad-
journ.
which was not agreed to.
On motion of Mr. WARE,
The Convention was called.
On motions of Mr. SHRIVER,
All further proceedings under the call were
dispensed with.
The yeas and nays were then ordered on the
adoption of the amendment offered by Mr. CRIS-
FIELD,
And being taken,
Resulted as follows: |
Affirmative—Messrs Chapman, President, Mor-
gan, Ricaud, Lee, Chambers of Kent, Mitch-
ell, Donaldson, Dorsey, Wells, Randall, Kent,
Weems, Dalrymple, Crisfield, Dashiell, Hicks,
Goldsborough, Tuck, Sprigg, Bowling, Grason,
Fooks, Jacobs and Davis—23.
Negative—Messrs. Sellman, Howard, Buch-
anan, Bell, Welch, Ridgely, Lloyd, Sherwood
of Talbot, Colston, Eccleston, Phelps, Miller,
Bowie, Spencer, George, Wright, Dirickson,
McMaster, Hearn, Thomas, Shriver, Johnson,
Gaither, Biser, Annan, Sappington, McHenry,
Nelson, Stewart of Caroline, Hardcastle, Gwinn,
Stewart of Baltimore city, Brent of Baltimore
city, Sherwood of Baltimore city, Ware, Schley,
Fiery, Neill, Harbine, Kilgour, Brewer, An-
derson, Weber, Hollyday, Slicer, Fitzpatrick,
Smith, Parke, and Shower—49.
So the amendment was rejected,
Mr, DONALDSON then moved to amend said 5th
section, by striking out all after the word "and"
to the word "who," and inserting in lieu thereof
the following:
"For each of said districts one judge of the
Court of Appeals, shall be appointed in the fol-
lowing manner:—Three persons of integrity and
sound legal knowledge, being above the age of
thirty years and residents of the district, shall be
selected by joint ballot of the legislature, and
their names shall be presented to the Governor,
who shall thereupon commission one of said per-
sons to be a judge of the said Court of Ap-
peals."
On motion,
The Convention then adjourned.
DEFERRED DEBATES.
Remarks of Mr. W. COST JOHNSON, Friday,
March 28, on the question of Representation.
Mr. W. COST JOHNSON said, he was free to
confess he had never hoped that the views which
he entertained would be successful and trium-
phant in this Convention, for the very basis up-
on which the law apportioned representation
here, gave to the small counties a preponderance
of power on every vote to be taken. The small
counties could form just such a project of a
Constitution as they pleased, and hence he felt
but little inclination to engage in any of the dis-
cupious but had contented himself chiefly
with silent voting.
It had been stated that those who advocated
popular representation, and a division of all the
counties and the city of Baltimore) into sep-
rate election districts, which districts should
elect but one member, each, to the House of De-
legates, was starting a new and strange doc-
trine. It was to correct this error that he had
been induced to take the floor for a few mo-
ments.
These principles are sustained as I will show
not only by argument, but by what might be
far more convincing authority; the past history
and early laws of Maryland—and it can be
shown that all departures from those principles |
