Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1879-12-19
Written for the Sentinel.
An Elective Judiciary.

Mr.. Editor lin my opinion, one of the
most unhealthy, unwise and injudicious pro-
visions in our State Constitution, is that
which makes our judiciary system elective.
A Judge, in the exercise and performance
Of his judicial functions, should be free and
untrammeled from all extraneous circum-
stances. He should be selected because Of
his unblemished purity Of private character,
his known eminent ability and fitness for
the office He should be without prejudice
and uncontrolled in the legitimate duties Of
the bench, or show any Partially or favor
The ermine of his robe should never be
soiled with the dirt of the political gutter
HIS tenure of office should be for life and
good behavior, upon arriving at certain
age, if he so desires, should be allowed to
retire upon handsome and comfortable
competency. The history and experience OF
all times have fully demonstrated the wis
dom and expediency of these truths.
If the judiciary is TO be maintained pure,
| impartial and effective in all of its opera
tons, it should be kept aloof and from un-
der the influence of politics and not be made
the football of every dominant party. Its
in the courts where the people look for JUS
| tice, the support and protection of their
| rights and liberty, the punishment of crime
and the preservation of order If the judi
ciary be corrupt, then, indeed, does one Of
the strongest bulwarks of government be-
| come weak, uncertain and unsafe, and we
may expect to fall upon times freighted with
the greatest evils.
If the tenure Of the judiciary depends up
on the will of the people, liable to change
every few years, if the judge is compelled to
pander to the fiuctuating opinions which
| pervade and disturb society, or liable to be
removed because of his support of this or
that measure Of public policy, then it may
be truly said, that this tribunal becomes
shorn Of its august prestige, its great object
defeated, its effectiveness for good impaired;
legal grist-mill grinding out bad law as
well as good law. In making this declara-
ton, l am sustained and strengthened by
the writings of those great legal luminaries
whose opinions have given weight and be-
come part and parcel Of the legal jurispru-
dence of the world-such jurists as Mar
shall, Story and fancy, and we may add,
those great legal lights of Maryland, Pink
ney, Martin, and, l think, Judge Chambers
entertained similar views.
| am aware that experience has fully
shown that when power is once lodged with
the people, they yield it with great reluc-
lance. But question involving such a
magnitude of interest, the great arbiter in
all the disputes arising between man and
man, they should be educated to the neces-
sity Of such change. The power of APP
pointment should rest in the Chief Executive
of the State, and his appointment be sub
mitted to the Senate for a careful scrutiny
and confirmation.
In giving my opinion upon this important
branch of State government, would not
have it understood that reflect in the slight
est degree upon our present judiciary. Asin
the past, 80 in the present, Maryland can
point with becoming pride to the purity,
learning and official integrity Of her bench.
1t is the tenure whereby they hold office
to which | am opposed, it is the venerated
land marks which have been obliterated
and swept away under the restless march of
political progress, that | would see restored,
such a restoration of old usage as would
give TO our judiciary an exalted dignity
place it beyond the influence of political SEN
| timent, above suspicion, without reproach,
| impregnable to assault, incapable of wrong.
| Offices were never created for the individual
benefit of one man or set of men, but in the
| furtherance of the interest of the people and
| the better protection and convenience of So
ciety, and consequently that standard of
qualification and that tenure of office should
| be adopted which would best conduce to its
successful and effective execution
In the further illustrating and sustain
ing of my views upon the evil ten
denotes of an elective Judiciary, / have
only to turn my eyes upon our sister
State, Virginia. All of her county judgdes
and several of the corporation judges are
to be elected next week and the Read
justers, who hold the balance of power in
the legislature have determined to make a
clean sweep. Judges who have reflected
honor upon the ermine of the old common
wealth, who have discharged their duties
with honesty, ability and impartiality, will
be removed for political opinion, and new
and inexperienced land in many instances
unqualified, men will be put in their places
What a shame and disgrace upon the State,
that ever held her Judiciary as the white
rose to the civic crown of her glory and
honor. VERITAs