But their resistance was in vain,
and after a long and angry struggle which stirred the people
of the Commonwealth profoundly the provision for the secret
ballot was abrogated. But the result of the contest was that
the Whigs were routed at the special election for delegates
to the Convention. That body was controlled by the Coalition
by a very large majority. Their triumph made them also lose
their heads.
So when the Convention assembled in 1853, they disregarded
the pledges which had enabled them to get the assent of the
people to calling the convention, and provided that the tenure
of office of the Judges of the Supreme Court should be for
ten years only, and that the Judges of Probate should be elected
by the people of the several counties once in three years.
It is said, and, as I have good reason to know, very truly,
that this action of the Convention was taken in consequence
of a quarrel in Court between the late Judge Merrick and General
Butler and Mr. Josiah G. Abbott, two eminent leaders of
the Democrats, members of the Convention. They had neither
of them agreed to the proposition to change the judicial tenure.
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