Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1844-07-12

| in favorsof e,nbodying the Judges of the Snpe-
,ior, Tor Dis,rict) Court, and making them. a
Supreme Court, Of review, and fer the correc.
| ton of errors!
g. "How would you have the Judges of the
| Supreme and Superior Court and what would
| you fix as the tenue Of Office!
4. "What are your views in relation to the
| organization Of a court Of Common Pleas
How should the Judges be appointed, and
what the tenue of their Office! "
We are in favor of judiciary system
similar to that which they have in the
State Of Indiana, with some slight modifi-
cations. There the Judicial power is ves-
ted in Supreme and Circuit courts {; the
first is composed Of three judges oppoint-
ed by the Governor and Senale-,he lat>
ter consists of President and two asso-
ciates Judges 1T the first appointed on joint
balo, by both branches of the legislature
for the same term as the Supreme judges,
which is seven wears, The latter elected by
the people The alterations which we
would suggest are no, very important. yet
we should prefer limiting their term of Of
flee 10 six years, this will best suit bien-
NAL sessions and appointing all the judges
supreme, circuit and associates. by both
houses of the legislature on joint ballot
This system has substantially been adop-
ted by number of other States, and
works well. The only plausible objec-
ton is The increased expense of maintain
ing separate supreme court. which IN
our opinion is fully counlerbalanced by
the superior advantages which such an or
ganization possesses. This expense may
be fel, in some Sigh, degree during our
infancy as State but will dwind'e into a
mere circumstance as our population in
creases, while the benefits of the system
will be feI, in proportion. as legal conlro>
versies between individuals rise in num-
Der. magnitude and completely. Those
who have studied human nature, know
how tenacious men are of opinions once
formed and expressed, and how prone too
they are to assimila,e the views and opin-
ions of others to their own.
IF the supreme court should be compo'
sed of the circuit or district judges,
mans cause will be jeoparded just in pro-
portion as this principle of human nature
| .-.~y vNist in the mind of the Judge, who
has already adjudica,ed the case, and the
influence which he may exert over the
minds of his fellows Now in court of
the last resort. the decision Of which is TO
| be forever final and binding upon the par
ties, and where. it may be, the dearest in
,erest which man holds in this world is
involved, il is Of the utmost importance
that it should be SO organized, as that the
iudces can give the freest and most unbi
assed scope to their judgments. unswayed
by the prepossessions and pride of former
opinions, in order that the decision OF the
law may be pronounced. according TO It's
true intent, with scrupulous imparlialiiy.
Under such system, the rights OF lndI-
viduals will be better pro,ected-the pr'n-
ciples of law settled with greater certain>
", and the decisions of the court more UNI
form and authoritative. These considera,
lions i. seems to us are not to be out
| weigneu srmpy vy - :. Il -..>A.ase
of maintaining sepera'e supreme court.
|, must occur TO every rejecting mino 'na'
the same high objects are not 10 De a''a'li'
cd bv court of errors, that Is required 70
review ills own decisions.
&. "In what manner would you have Jnsu-
cesof the Peace appointed, and what Inc 'el'
ure ofthei, office!
6. How would you have Sheriffs appointed
and how extensive would you make the 'e''
nre Of their office /! Would you render 'he''
ineligible, to reelection
MAGISTRATES and sheriffs in our opinion
should be elected as they now are oy ia"'
ho,b as TO term of Office and re-esig'ol'i'y'
Are YOU in favor of Incorporating, IN
Constitution, an article prohibiting the Legs
la,ure from passing acts OF incorporation, 'o'
Bank purposes Ioaosa
canals, and other purposes or "oo'o ".
urovde, tina, the Legislature exercise so""0
| discretion, in those matters :.
We are not in favor Of embodying II
tho constitution an article prohibiting 'he
LEGISLATURE from passing acts OF incoapofa
,;e,, for hanks purposes
ro.ds-canas and other purpose. NO
..ro we IN favor of authorizing by express
GRAN, in the constitution the exercise .
such power. But would prefer Leaving
his and all other questions either o
Jonhful or obvious expediency, wher'
tho constitution of the several States have
left il. to the sober judgment and dlscre
| lion of the people themselves.
This hes, COMFORTS with The true theor'
Of our State governments. II Pro'eeu
upon The hypothesis that the peoPle ~.
cess The capacity 10 judge OF the prop1'e',
ses.ah measures for themselves. II mes
ohar,ers should prove banefui TO me 'n'er
e e'' Of the people a. large. the remedy Is !;
ess " , hands. On The other hand
.he' should be thought beneficial. and
.ne ;,,;,v Of the people should desire IN
""src;se Of such power. let it be done