Southern planter., 1832-05-19

municipal and political jurisprudence. Exercise
the rieh, then Of eeciing your Judge, be sweaTs
10 decide according 10 The established law. You
wish and instruct him to decide according 10 your
notions You are tho principals, and have as great
a right, and as competent capacity ioJudge oi'be
law, IS be has Your lotions diler from hisi-he
must then violate tie obligation placed upon him,
or he must disregard your wishes, your Instructions.
II he adopts the former course be violates his oath,
and proves himself to be unworthy the high sta
tion he occupies. II he is still firm, and pursues
the latter course, you punish him for his frmness,
and stamp upon his prosperity in indelbe chauc-
tors, "a faihless agent" This would be produc
tive Of ev--and would surely lead TO confusion.
Again,--a Judicial district extends over a consi-
derable extent Of country, and the local interests,
The views and tbelpTeudces Of the citizens therein,
very diiierent-Tbese causes operating, will neces-
sarily induce different constructions upon the same
laws Well the Judge must decide In Wilkinson
TO suit the people there, and decide 10 Amt 10 suit
the views Of her ciiizens-or be sustained IN hilk.
inson for ono decision, and the same decision be the
basis Of opposition 10 him in Amte. Is not cOniu.
sion the most glaring feature appearing upon this
state Of things, and will not evil he the necessary
result G-Here am 30 iorcibly reminded Of one Of
Esop's fables, and he moral that may be drawn
therorom, that cannot refrain from giving Il re-
laiion "The lion and the bear engaged together
in hunt--by agreement il was common cause,--
they were industrious, and succeeded m taking
stag--each one desired the prey TO himseli--they
we're independent firm and unyieldng--they ap-
pealed to battle. to decide the contested claim
victory refused to declare for ether-ihey al length
became so much exhausted, the power Of action
was gone. The fox who had been a silent specta.
tor OF all their movements, seized upon the for
tunaie moment s triumphantly bore ofrthe prize."
The morals suppose the Judge decides different
nom the views ofthose upon whom he depends for
Office THAT he has competitor who thinks as he
does, and IL too candid, too manly and honorable
10 keep his sentiments concealed ;-whilst they are
conending upon the same ground in the same com.
mon cause, will not some demagogue who will be
all things unto all men, come and play the fox,
take advantage Of their situation, and acquire the
oihce TO himseli3 need not tell you this is an
evil that may happen, and one that we should be
cautious to guard against.
but agalnj there never was a popular election
without the existence Of parties, and when temper
60 WIN cooiness and moderation, il is as It should
be--bui experience teaches us that where there are
parties, the angry passions arse, and then the udo
ment that noble faculty which guides and directs
the human will, is hurled from bis throne. and the
empire Of reason becomes an anarchy inhabited a.
lone by malice, SANDER, intrigue and oppression.
Place Judge upon the bench who has been forced
70 solourn with such unwelcome abitan,s- ,hon
bnng before him In doubtful case one who has
gone all lengths 10 promote in opposition IN him
who has spared no pains to defeat his election ami
care not how pure he may be, the feelings Of manss
nature must be eradcated, and his heart connosed
OF different and more corrupt materials. II ne does
not anxiousy hope that the cause ofbis friend NAV
po me 1euef cause. Whoever then has the leas,
Anowicage o. himself, or Of human nature, must
aunl,' Una. "nen we eonce desrc the certainty Of any
PIo1e'n, ,ne task Is halfperiormed-the certainty IS
easly Is honestly established--and sill the Judaa
is anxious TO do right, and this anxiety does bnt ss
ss' TO oewlder him, and confusion is therefore The
inevitable consequence.
II may be conlended that this objection - ,,oi;-
cable 70 the election oflegisaive, as well az Jndi.
'ai ohceFsi butt say not, and their respective situ
luons are easily designated. In the case of the
legislator, the cause Of the whole people tooetbar
with his own interest are before him, his acIs arc
general IN their operaon and ifiniurious IN his an
,my must be also injurious to himselfand bis rond
n the case Of the Judge, the cause of sinole ;n'
i"dual Is before him; his acts are special. he
himself Is not embraced therein, and an injury N
N enemy, IS necessary benefit to friend
propose now TO shew the method of felecting
uogeS ey tho people, is opposed to the first prin.
'ples OF our government, and is calculated to des
roy the security Off citizen, &c. I
writer's upon government have given iIs but ,broe h
Hgnai or simple forms; monarchy, an aristocra. )
y, and democracy. History has furnished 3. h
'i'n correct view of each; and by reference /,
hereto, Il will be found that the two former have 81
ways been sustained by strong hand and violence I
nd have consequently been oppressive 10 those ,yb r
ON o'rIn or fortune were moi permitted to partci. Il
l'e IN 'ne administration thereof; the latter has
'ldom existed, and even then for limited time 5,
mere oelng no control over the passion, no di. d
'euou 70 'ne wH OF the citizen, they soon became
Sciied, and like the exasperated sernen, waged = a
ar against themselves, and found within their own o
lsoms the instrument Of destruction and death
ms history we are bound to presume was familiar
those who formed the government of the United c.
aeS, anu mat therefore the wise legislators the
iiyainc soldiers, and the vrtuous patriots who g
sisted IN It's formation, pro6tng by the experi. b
ice oi iormer ages, did intend to guard against tc
e expressions following in the train of an eris,o- n