Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1844-07-12
STATE CONSTITUTION.
For the Herald.

STATE
For the Herald.
Ma. RussELL:--There are some things con.
| tanned in the heterogeneous of s. Many Vo-
ters." which are. perhaps, more properly the
subject Of legislative enactment than OF consii-
tutional provision; but, as requested. will
give my views upon all the questions pTopo-
sed, and will take the liberty TO give 10 some
cases, some of the considerations which gov.
ern my opinion in the matter.
The Governor should, in my opinion, be
elected by majority Of votes given, and
should hold his office for the term of two years.
l prefer that pleurality Of votes shall elect,
rather than to give the election to the legsla-
lure, but would have the election referred a.
gain 10 the people, in case no candidate should
receive majority Of all the votes, and on the
second trial, have the vote restricted to the
| two candidates who shall receive the highes,
| vote.
] am not in favor of supreme court indie.
sendent of district court, bnt am in favor,
| for the present at least, Of " embodying the
judges of the district court and making them
supreme court Of review, and for the correc-
ton Of errors" Lam informed, that the num-
Der Of cases Of litigation in our courts. are far
less than they we're formerly. and that the
comparatively few. It will probably be deemed
necessary, soon, TO create one or more new ju.
dicial districts in the new counties Of our Ter.
ritory. 1t is believed that the judges will
have ample time TO transact all the business
which will come before both the supreme and
district courts. The supreme court should hold
an annual session, believe for the term ofsome
two er three weeks. l hold that we should
consult economy ia our public expenses, and
it seems to me, that the Office Of the judges of
supreme court. independent Of the distric,
court, would, at present, approach 100 near a
sinecure to be jus,ifable.
The objections urged against the Judges Of
the district court, holding court Of review,
is that sympathy and community Of interest
will influence the judges TO confirm eac, 9TH
ers opinions, | hold to be gronndless. A de-
cent respect for the character Of our judges,
forbid the entertaining of such suspicion, and
facts proves the imputa'ion unjust. If how
ever. fears are entertained on this matter, the
difficulty - --~;lJ .'L.iatrd by a ruie Of
law, providing that judge shall not sit on
the bench, where his own decisions are under
review.
am in favor Of having the dis,ric, Judges
elected by the duly qualified voters ia their
respective districts.
bidder ground. 1t has evidently always been
the design of the legal profession, to surround
inc law and the ministers Of the law with an
imposing aud artificial sanctity, which IS cal.
culated, and perhaps designed, rather 10 Sc.
cure the aggrandzement of the Judge, than the
Impartial administration OF Justice.
| Inc character Of society in former times.
might have rendered the artificial san,ii, and
PomP' with which the bar Of Justice was sur
| rounded, productive of wholesome restraint.
| Inc awe inspired by the official robe and can.
might Then have contributed TO inforce the ohe
d'e"ce OF the law, which, at the present dav.
Is rendered BY the intelligent citizen Of our
community from principle. they having com.
mon interest in having wholesome restraints.
and good order in community. believe that
! am correct In saying, that majority Of the
legal profession, belong to that class Of poli,i.
clans who have, from the commencement of
our government. held to, and acted upon the
doctrine, that the people are not capable Of un-
outstanding thelr own interest, and therefore
not suitably qualified to elect their own Off
GERS. This class OF men take it upon them
selves TO direct and regulate public opinion
with regard TO the judicial arrangement, of the
S'a'e Governments. II is commended by them,
that the judiciary should be crea,ee indenend.
EFT of, and irresponsible to the people. from
whom they derive their authority and snnnor,.
The reason assigned in the private circle for
this arrangement, is that the people do no,
possess sufficient intelligence to appreciate le-
gal talent, and that they have not principle
and hrmness enough TO resist the impor,uni-
lies OF demagogues. who may solicit their
votes. The reason given in public to the peo-
pie, why they should no. elect their own iodo.
es. is, that it The judges were made diiec,iv
dependent on the people, they could not resist
the temptation to abuse their Office. reward
their friends, and avenging themselves on
their opponents.
The first reason consider as an ;,e,,, ~
the intelligence Of community. the o,ha, Is =
libel on human nature. hold thar ne;,ha, &c
the objections have any just found alton in fact.
at the present time and present condi,ioo Of
society. 1''''o" u