The Arkansas advocate., 1835-03-06

WhQ tOCe tno P1oPiS, eiS CS' 0St's' ' theg cannot be too free--that there is 10 of- ficeIwhich ought not 10 be conferred direct 1 Fly 5y the people, by a popular expression of heir will. That this is very fatteringio to lhd people, and nightly inclined to tickle ftbdir vanity, we well know, but lei the pnb- illclreaect that it was by such delightful Esoolhiags of popular vanity, and such spe- eious popular measures, that the despets of the French revolution gained and for long lime kept their bloody thrones. We know that the people look suspiciously on any one who opposes ;he unlimited application of the right of franchise to every office and every dignity Ne know, that tlllly jndg- ing, and we'll knowing, that all power and dignity emanate from them, they jealously desire to have the direct dspensaiion ot both. They should consider, that the for iifcations which a beieagnered garrison throws up not only serve to hedge them selves in, but 10 keep the enemy trtthoat. If our judges are not judges indeed-iust and Iearned-oar property, liberty and life are ever in danger. As learning n judge tends to secure these rights and privileges, whatever ensures to us that learning, is se- curing to us our freedom. And, after all, what Is the difference whether Ne or OUT re- Presentatives choose the judges? If we give the latter this power--if we confer f upon them when we elect them--it certain ly emanates from us, The representatives in State Legislature generally represent their constituents, much more than tae re- presentalives sn the national Congress.
 In order to determine whether popular or Legislative election would be the more like j iy to secure the cpd desired, letus advance the following positions:
 Firsfa-A legislature is better fitted than the whole body of the people, to judge of the legal knowledge and fitness of a eandi- date for the judicial office.
 Secoad: The qualifications far=which he people would elect a judge, are not those which are most necessary to the pro- fPer discharge of his doties--and
 Philadelphia elections would ever bring forward multitude of candidates, al ways creating risk that some incompetent person would obtain the ofiice-whereas the practice ofaPpoinimonts would diminish the number Of applicants.
 Common sense teaches US tic truth oi the fr-t position. The common population of State is not inmediateIy-and, in a great proportion, not even personally ae- quaiated with the prominent men of talents lin the State. They see them now and jhon but they naither have the time, he iacli- nation, nor the power, of fathoping fheir learnlng and their legal knowledge. They judge from superficial appearance and from repuation--often from the mere fact of success. For example, we have lawyer --most capable Of enacting the judge
 Perhaps he has had the fortune to lose ma- lny cases. He is distinguished by pro- found legal aeqairements--a corprehen- Sive grasp of inteIlect--a logical accuracy of reasoning-b he has none of the tinsel and sPangies of oTatorcal display:--lIe Is unvaIuod by the people, and very reasona. 1biy. But who do know him! His friends --and his enemies of his own standing-- ihe men who are the legislators of he Stale i--men of knowledge, and capabilities for judging ot his knowledge. The few proni- nent' men in every State are well known to one another. They are intimate with one ahother-and certainly they must know more about one of thelr compeers than the
 people. A fine and flourishing speech-a
 string of hard words--or a few impatient
 assertions, might impose on the multitude,
 but would not be,iikely to do so on item. I
 coald easily point to many examples in this
 Territory, where county judges and prose-
 outing aliornies have been elected by the
 people, without a single qualification re-
 qulred by the office, were i: not inyidiols
 aid personaii. i'o filo eAprrience of ali men teaches us that an unletiered populace can
 not be capable of judging the legal qnalfi-