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D E B A T E S
STATE OF MARYLAND,
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 view, 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 has 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 here recommended. I shali ihereupon Mr. ABBUTT'S annendinent, and they fore vote against the motion which has been were orderid.
made by my colleague Mr. STOCKBRIDGE. I do not know that there Mr. Thomas. I am as much indisposed as is any object to be attained by taking up the my. col cague (Mr. Stockbridge,) 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 submited by the gentleman from Bale bef»re the country a great many years; and timore city (Mr. Albott) to strike on the probably every member of the convention has word appointment." And I am as fixed in his judgment fully matured upon the subject. my opivion as to the expediency and justice I shall t'Terefore not take up the time of the of the election of judges as of all other officers con rentiou 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 them from the time I was a boy; bied in the report. I am satisfied that the from the time I first commenced 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 people 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 say that. during the last fifteen years in the Siate, un- Mr. Thomas. Then I beg pardon; but I der both systems, first the one and then the assert that in so far as my immediate conother. But there arv other gentlemen present stiluency is concerned, that portion of the who have perhaps had the same opportunities State which I repi esent, being the working for observation that I have. I am sutisfied men of the State, they 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 have remedy by the course of the law of of Maryland under the elective system; and I the land, and ought to have justice and right 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 ibis 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 rerightness of judges are essential to the impir- garded by this convention, in the provisions tial administration of justice, and a great se- wbich they will put into ihis new constitus curity to the rights and literties of the peo- tion, as the section which the gentleman has
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; avd i be 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 gove 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, wbich is to be the that the people should freely and intelligently immediate representative of tbe 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 higher laws are unconstitutional they are to go bequalities than what are supposed to constitute fore the court of appeals, and their constita. the popular man in the community. A flu- tionality is to be decided by that court of ent tongue, and a knack of getting elected to appeals. So far as that is concerned, your