The Litchfield County post., 1827-03-15

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broils the fray" and renders confusion worse
confounded," ill at length the bewldered UNI
pire plunges to some mad result, and prOdu-
ces conviction upon the minds Of those con-
cerned. that "chance is the high arbiter which
governs ALL" The infection of such an indivd-
ual upon the community, in the capacity OF
Judge, in whose hands are the fortunes, the
character, and the lives of our citizens, the
stability of our laws, the safety of every i'm
pOrtant institution, and the honor Of the stale
should be regarded as a great public calamity
and as throwing upon the authors of his ele-
walton, fearful responsibility. The evils, re-
sulting from this source, are essentially aggra-
waited, by the constitutional provision, that
the Judge shall hold his Office during good be-
haviour, which was inserted with view to
render the Judiciary independent, but has in
this particular, most disastrous operation.
No matter how much he may disappoint the
just expectations Of the legislature, mortify
his friends, and excite the contempt, if not
the Indignation Of the people at large, he has
a right to continue at an. eminence, to which
he is SO untitled, until he has attained three
score years and ten, unless removed by an
address to the Executive, from two thirds Of
both branches Of the legislature (Which will
be difficult if not an impracticable measure)
or by impeachment, the only adequate foun-
dation of which, is corruption, and not imba-
cility and incompetency to the duties Of his
station. The practical operation of the con-
stitution is to continue the judge in Office I'M
til very advanced age; as the probability
of a resort to the qualifying clauses, above re-
ferred to, to effect his removal is extremely
remote. The necessity of selecting with great
caution, suitable persons to an office more i'm
portant than any other, is greatly enhanced
by this interesting consideration. 1t is to be
regretted that in making these appointments,
the enquiry has not ALWAYS been is he qualified,
whether his mind is deeply embued with le-
gal acquisitions, whether he is possessed Of
discriminating inteIlect,and especially of what,
the great Chatham emphatically terms, "the
simplicity of common sense lin my appre-
hension the most important of the judicial at
| tributes) but whether his political mantle is of
the precise form, which happens at the mo-
Enent to receive the appreciation of popular
caprice, or whether by selecting this or that
individual, we shall best promote the objects
of party ACKNOWLEDGEMENT, and accomplish the
ends of party intrigue. That principles like
these, should he adopted, in making the exec
utive, senatorial, and congressional appoint
ments, is to be regretted, but the evil can he
endured as it is only temporary, and the Off
Ger is usually aided by the counsel of others $;
in the case however Of the Judiciary. it IS per-
manent, and the judge stands alone upon the
circuit where incapacity is not guided by as
ISOLATED wisdom.
An entire fitness, to'this Office requires rare
| combination of qualities, which seldom exists
Even great learning will not of course make
good judge, and celebrity at the bar does not
ensure equal success upon the bench. 1t may
however be assumed as safe rule, that un-
less the individual has been eminent at the
bar, the appointment should not he made; if
he has been thus eminent he should, or
should not he selected, depending upon the
question whether he does or does not pos
sess, other indispensable requisites. We have
known the usefulness Of a learned Judge great
ly married by constitutional intirmities of tenn
per; we have seen another iniure himself by
the immoveable pertinacity with which he
would adhere to a crude opinion in opposi-
zion to plain law and sound sense, and anoth-
er by his love of refinement and attenuated
distinctions, who would make the most i'm
portant causes turn upon estimating mote.
But such were not Ellsworth. Reeve and 9TH
ers who brought to the consideration of every
cause well balanced mind; cool, collected,
and discriminating. they examined with great
caution, on the right hand and on the left re-
ceived cheerfuIly the aid of counsel, in colIec-
I, ting the requisite lights, resorted to their
own ample stores Of learning and experience,
| and finally after having s,irvevpd the whole