American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-09-11

THE JUDICIARY. We have repeatedly taken
occasion to express our disapprobation of any
change in the constitution of Maryland which
would place the Judges Of our Courts in de-
pendent situation, or subject them to party in
fuences. We believe that such change would
corrupt the fountain cC justice, and render per-
sonal rights insecure. Judges should be liberal
ly compensated for their services, SO as to be
enabled to devote their time and attention eX-
clusively to the discharge of their duties. In
New York the question Of electing the Judges
by the people is undergoing discussion, and in
Maryland the same suggestion hes occasional
" been made-but we trust that IN both states
there will be enough of wisdom and discretion
to avoid the adoption of so rash and hazardous
a measure. On this subject we copy from the
New York Herald, the following temperate
and excellent article. 1t expresses our senti-
ments precisely.
Independence of the Judicial Po,cer. Among
the various important questions, which are
likely to be discussed at the coming conven-
IlOn, WA NC llll Ol TIC Clc1ttOi vi
No other proposed change has had less atteR-
ton paid to it, and, yet, mons is more worthy
of consideration than this ere; indeed, it may
be said that 1t is one of the most vital matters
that could be preached at az assembly of the
people The judicial powe-, as well as the
executive and legislative, is an essential part
OF the machine oil government, its formalaa
must be as perfect as its functions are cssesl-
tIal Upon it depends the pure administration
of the laws; and, no matter how wisely legis-
latess deliberate and frame code, it will Ike q
dead letter, or pernclouS, unless honest, TIM
partial, and learned exPounders are placed up
on the bench.
| But the possession of these qualities alone,
are not sufficient to guarantee the pure adt2iri-
istration of the laws. One thing must be ad-
ded, that is, the perfect independence of the
iudGes-the entire sequestration of the beuck
! from all exteraal influences, such as too fire.
! qnGnty operate upon public men in other stu
atoms. They must not be the nominees Of
any party, nor must they, like the mass Of
their fellows, possess u peR>hant for any set Of
opinions. The perfection Of an eXpounder of
the law consists III having mind perfectly
free from Impressions e%trinsic to the tenor
and spirit Of the laws o. their country, Of
which they ought to be, as it " ere, living i'm
/ pSFsOlldtlOllS' NluhC clCStIFcj anu 40"
could they be such as we have described Sc
long as emulation and ambition exist at the
bar, there will always be laundering after
seat on the bench. At present this desire il
lsudable, and the means Of attaining to its OBJ
ect free from impurity an6 gnobe practises;
bot as soon as the proposed change is effected
If il will be--there are the same temptations
to scheming, and temp0riziEg, for the purpose
! of gaining popularity and votes, that prevail
over political candidates for place and power.
Put such man on the Judgment seat, as has
his political, as well as personal friends and
enemies, and you take very efiectual way to
strike at the root of impartiahty; for in spite
of the highest degree Of integrity and good in
tention, the fear of tie less OF Office, which
still would impend over him, would undoubt-
eddy unfit him from always acting justly.
Everything inclines those who enquire into
this, TO hold the independence of the judges as
indispensable to the solidity of civil institutions,
and the stability of the nation. Blackstone
writes beautifully on this topic, and his autho-
rity is high one. Indeed SC far does he go
that he ascrbes the power and stability ofEng-
land in great part to the perfect independence
/ of the Judges Neither the Crown on the one
hand, nor the people on the other, having the
slightest right to interfere with them. Once
appointed, their tenure of office IS secure and
perpetual; and having nothing tc fear from any
quarter, they can afford to be upright, which
they could not if they knew master. The Of
fects are visible; English history shows many
noble examples OF the firmness and integrity OF
her Judges.
We do not say it Is altogether impossible to
have honest Judges by electlng them, bet we do
say that the state of society would require
to be very pure, in order to avoid many grley-
Gus mistakes in selecting out OF it men ut for
the bench. 1t is q sweeping and radical change
and we think it Will be regarded by the intel
lgent people of this State too hazardous an ex-
pertinent TO try. Were the abuses of the pre-
sent system great enough TO suggest change,
even then the above ought to be received with
extreme caution; but as it is not pretended that
corruption and abuse forces a change upon us,
we can too well afford to deliberate, and weigh
the question in all its merits, to be preclpitate
and incautious in adopting dangerous novelties.
QUARRELs. One Of the most easy, the
most common, most perfectly foolish things in
the world, says an exchange paper, is to quar-
re-no matter with whom--man, woman or
child; or on what pretence, provocaton, or &C.
caslon whatever. There is no kind OF ncces-
sity in it, no matter of use in it, and yet,
strange as the fact may be, theologans, politi-
clans, lawyers, doctors, and princes quarrel;
nations, tribes, corporations, men, women,
children, dogs and cats, birds and beasts, quar-
rel about all manner of things, and on all
manner of occasions. If there is any thing
in the world that will make man feel bad
except pinching his fingers in the crack of a
door, it is PROFESSIONALLY quarrel. No man
ever fails to think less of himself than he did
before one; it degrades him in his own eyes,
and in the eyes of others, and, what is worse,
blunts his sensblIty to disgrace on the other
hand, and increases the power of passionate
irritablity on the other. The truth is, the
more quietly and peaceably we all get on, the
better for our neighbors. In nine cases out OF
Al