Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1843-07-08
HENRY NJ. PAINE.

a. 4 writer in the Union, a thorough. going
democratic print, makes the following obsef-
vations. We have seen less sane ideas in
our days.
SHOULD DGE he APPOINTED FOR
LIFE Tt were in vain to pass good or
wise laws, unless they should be impartial.
y administered by pure and Independent
Judges. Justice, it il said, is blind by
this Is meant that her decrees should BIO
distributed without fear or favor and Ger.
ta.nly, II is universally allowed that moth.
ing is more injurious 10 The welfare or hap.
piness Of n nation, than Il corrupt admins.
tration Of Justice. Now, | assert that
nothing could be more calculated to pro.
duce such an evil result, than making the
office OF Judge n temporary one. That
Judges should be elected, in the first in.
stance. IL all very well but should they
be required TO quit the Bench at the end of
n year, or even of three or -four years, and
again to solicit the votes of electors. il
would prove most injurious to the purity
Ct their official character: for Judges are
but mon and are Influenced by the san
passions and desires as othef men in case
then their office were but temporary, all
their thoughts while on theBench would
be occupied about tho means Of gaining
favor and securing n reelection thence
would flow a most corrupt administration
of the laws. The laws may be interpreted
either with too much strictness or too much
laxity. and both manners are equally
wrong and contrary 10 the spirit of justice.
In monarchical governments where the
Judges are appointed and removed Mt the
will of the sovereign, they ever interpret
the laws too strictly in favor of power
the contrary would inevitably occur in a
popular government in which the Judges
should hold their office but temporarily and
by recurring elections, all their decisions
would be most lax, partial and fatally
mild or severe. 1t may be said that such
an objection could be removed by not al
lowing of the reelection ~ofjudges ; but
under such an arrangement / would ask,
what kind of men could be induced to
take their seat on the Bench Even as
things now are, it is acknowledged on all
hands that there is d difficulty in procuring
capable men to accept the office for ca.
pable men by their practice at the bar can
generally make more than the amount Of
the salary of a judge. How would it be
then if the salary we're not only moderate,
but should be also a mere chance income
to be received for two or four years ? Why
in such a case, none could be found to &C.
cept the situation except mere ignofant
pretenders, who at the bar could find none
willing to trust them with the conduct of
the simplest brief. Besides, the faculty of
Selling on the salient points of eontending
cases, and Of grouping and presenting
them With facility, power and impartiality,
like all other faculties of the mind, can be
perfected only by time and practice; and
TO remove a judge Just when he would
have acquired in perfection this faculty so
necessary to the proper fulflment of his
duties, were 10 inaict serious injury and
less on the public.
These considerations and others, which
a desire not TO be too heightened in my re-
marks prevents me from stating, induce
me, for onc, to think that judges should be
appointed for life, or during good beha-
vlour and that makisg their office a tempo
rary or chance enc, would prove a nation.
al misfortune If not a curse.
These remarks hare been suggested by
my observing that many Journalists favor
the temporary holding of Office by Judges,
and they seem TO take it for granted that
the people will demand that a clause TO
that effect shall be inserted in the new
state constitution to be formed by the Con.
~vention among others. your contempora.
ry of the. village asks in his last: whether
Judges shall hold their office for erer and
euer or only for admitted time ]. c.