The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-09-08

l dld not dlV0cate5 tut on Lh6 contrary op-
posed vestipg in the Governor the absolute right
to appoint Justices of the Peace. My PROPOSE
ton 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
20 the court Of common pleas of each county
When they agreed in their nominations, the Go
vernon lad only TO perform the duty OF issuing
commissions tc the persons nominated but II
these two bodies presented different lists, he had
the right of selecting from either, but was con-
fined 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 Government was appointed
by a council of appointment, 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 domi-
nant party in the State, to the influence derived
from this Council; and were, therefore, slow to
believe, that majority Of friends of that party
in the Convention, would be willing to abandon
it entirely. Their apprehensions, in this res
pect, were. IN no inconsiderable degree, con-
kips president of the Convention) at the head
of the Committee on the Appointing Power
Our report, however, put to flight these suspi-
cions, by recommending, 1st. The abolition of
the old council of appointment; and, ID That
the different officers of the Government should
be selected and appointed in the following man
ner, viz: The officers Of the militia, principally
by the militia themselves; the State Officers by
the Legislature; sherffs and all judicial officers,
mt iustipes Of the hU fhp Governor
and Senate; clerks and district attorneys by the
COURTS mayors and clerks of cities by the COM
mon councils of the respective cities, and JUS
tees of the peace by the people of the towns
Most of these recommendations were adopted by
the Convention; but sheriffs 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 proposed by me, after I'M
essential modification. MY reasons for that pro-
position are fully stated in the copy of Hollands
Life, which has been transmitted to me by Mr..
Alexander, one of the signers of your letter, but
are too extended for insertion here. Some Of
those reasons had their origin, as you will per-
ceive, in the difficulties which we had eXpe-
riepeed during the war, in consequence of the
local magistrates being for season in the hands
of the Opposition, and consequent indisposi-
ton, on my part, 10 separate the Executive,
whose duty it was to cause the laws to be en-
Another and a prominent reason is expressed
in the following extract from the observations
made by me, on the occasion awe do not, sir"
said Mr.. Van Buren,, ''deny the competency of
the people to make proper choice; this argu-
ment has been unfairly and untrully stated
Those who oppose the election of justices, do not
do so bee luse they have any distrust of the peo-
pie. The objection to having them elected did
not flow from that consideration, but was with
respect t. the officer elected 1t was becaus- the
magistrate would, ofnecessity, be acquitted with
| all who opposed and all who supported him.
| This would more or less bias his IRind in favor
of those to whom he owed his election. 1t would
| be giving the rich and powerful great advan-
tage over the poor; and even lift did not itwould
excite jealousy, and suspicion of unlainess on
his part, which in its operation, would be nearly
as prejudicial to the public peace as if real in
! Justice was done. These were the reasons which
had led him and others to doubt the propriety of
| having magistrates elected"
The Constitution of New York has subse-
quently been so amended as to make justices of
the peace elective, and although have been alb
sent from the State during most of the time since
the change, have good reason to believe that
the SYSTEM thus altered, has worked we'll. No
one, assure you, rejoices more sincerely than
| do at this renewed evidence Of the competency
OF the people for the direct management OF the
most important of their public concerns. But
while am thus, gratifed by the change, can
not regret the motives by which was actuated
in supporting the measure originally adopted
To protect the weak against the strong, is one of
the chief ends for which civil Governments are
instituted. We may differ, for none of us are
iniallible, about the means of accomplishing this
cardinal object, but shall, trust, never do so as
to the principle.
| The publication sent to me by Mr.. Alexander,
is genuine copy of the first edition of Professor
| Hollands work. herewith return 1t, with the
remark that it was written without communica-
ton with me, but contains, as far as it goes, a
substantially correct history Of nay political
| course.
] am, gentlemen, respectfully,
Your obedient servant,
NJ. VAN BUREN,.
| To Messrs. w. ETHAN, GEORGE MAY, MICHAEL
! CLINE, WILLIAM McKIBBER, VIM. KNIGHT,
| JAMES FARMER, ]. c. ALEXANDER, MILTON
LESLEY, ADAM SlLLAvENT, ID, Fl. REED, WILL
LIAM ]. Moore, and SAMUEL PARTLow, Dan