The Illinois free trader. (Ottawa, Ill.) 1840-1841, 1840-09-25

but also additional facts in regard to other
branches of the general subject, which
cannot be otherwise than serviceable in
enabling you to form correct estimate
of the merits or dement's of my course.
did not advocate, but, on the contra
ry, opposed, vesting in the Governor,
the absolute right to appoint Justices of
the Peace. My proposition was to give
the nomination Of justices to the board of
supervisors in each county, (which is
composed of individuals annually elected
by the people, one in each town in the
county, and to the court of common
pleas of each county. When they agreed
in their nominations, the Governor had
only to perform the duty of issuing COM
missions TO the persons nominated, but if
these two bodies presented different lists,
he had the right of selecting from either,
but was confined in his choice to the
names thus presented. TO do Justice to
my course, it is necessary that you should
understand the circumstances under which
it was adopted, and the reasons by which
! was influenced, as they were assigned
at the time. Under the old Constitution,
almost every officer of the state Govern
ment was appointed by council Of APP
pointment, composed of the Governor
and four Senators, selected by the House
of Assembly. Those who entertained
the erroneous opinion which regards the
possession of patronage as a source of
popularity, and an engine of power in
Governments like our own, attributed the
long ascendency of the then dominant
party in the state to the influence derived
from this council, and were, therefore,
slow to believe that a majority of friends
of that party in the convention would be
willing to abandon it entirely. Their
apprchensions, in this respect, were, in
no mconsidcrable degree, confirmed, when
! was placed by Governor Tompkins
president of the Convention) at the head
OF the Committee on the Appointing pow
er. Our report, however, put to flight
these suspicious, by recommending, LIST.
The abolition of the old council of ap-
pointmcnt, and I'd. That the different
officers OF the Government should be Sc
lectcd and appointed in the following
manner, viz: The officers of the militia,
principally by the militia themselves
the state officers by the Legislature
sheri6s and all judicial officers, except
justices of the peace, by the Governor
and Senate clerks and district attorneys
by the courts mayors and clerks of cities
by the common councils of the respective
cities, and justices Of the peace by the
people of the towns. Most of these re-
Communications were adopted by the con-
vention; but sheritls and clerks of coun-
ties were directed to be chosen by the
people, and justices Of the peace in the
manner stated above, as having been pro-
posed by me, after unessentia modifca-
tion. My reasons for that proposition
are fully stated in the copy of Hollands
| life, which has been transmitted to me by
Mr.. Alexander, one OF the signers of your
here. Some of those reasons had their
origin, as you will perceive, in the diff
culties which we had experienced during
the war, in consequence of the local ma
gstracies being for season in the hands
of the Opposition, and consequent indis-
position, on my part TO separate the Exc
cutive, whose duty it was to cause the
laws to be enforced, from all agency in
their selection.
Another and prominent reason is ex-
pressed in the following extract from the
observations made by me, on the occa-
sion: ave do not, SIR" said MIR. Van
Buren,, "deny the competency of the peo-
pie to make proper choice this argu-
ment has been unfairly and unlruly stated.
Those who oppose the election of JUST.
ces, do not do so because they have any
distrust OF the people. The objection to
having them elected did not flow from
that consideration, but was with respect
to the officer elected. 1t was because the
magistrate would, Of necessity, BIZ ac-
quainted with all who opposed and all
who supported him. This would more
or less bias his mind in favor of those to
whom he cwed his election. 1t would
be giving the rich and powerful groa,
advantage over the poor and even if it
did not, it would excite jealousy, and
suspicion Of unfairness on his part, which,
in its operation, would be nearly~ as pre-
judicial TO the public peace as if real in
Justice was done. These were the rca-
Il 4 Il