Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1845-01-11

-sa< ZION III ~Minslss' Expre.s.n 4
COksTIIUff0 -.E0s Ii,
II is unnecessary > 90 back to the mus
~ records of past c41tlries, Or attempt 10
scrape together the dust and ashes Of those
great and magnificent political associations
which have long siies ceased to exist. to
prove how difficult has been the task Of
desising ruleSla and rkinciplss fbr The poll
teal government Of mankind; nos j. ii sur
prising that such has been, and 10 now the
esses n We reject int every hnuan being
10 actaatsd BY passidAs, interests, Md feel,
ings peculiar to himself; nor should we
complain Of this diHefsity Of opinion, il we
are satisfied that the. motives which occa-
sion It, spring from an honest, pure, and
upright heart. That We should act, or
think alike upon Ill the principlel which
pertains to the coinplexed systems Of hui
man governments not to be expecting, yet
we believe that large majority Of the peo-
pie ofthis Territory win agree, that those
rules which will secure TO them and their
posterity the enjoyment of life, liberty, and
the pursuit Of happiness, are such as ought
70 be made the corner stone upon which
to superstruct every government. Taking
this for granted, we now beg leave ID en-
quire, whether the Constitution, as pro-
posed by the Convention recently assem-
rbled at Iowa City, is calculated to advance
and secure those inestimable right. For
this par pose we shall axamine, not only
the proposed Constitution, but also some
hof the principal objections which have been
made against its adoption. And first, the
objection that The Judges of the District
Court are made elective BY the qualified
electors Of each Judicial District. T,tniE
l. in answering this objection. we would
first enquire, whether the form Of govern
ment, as proposed BY the Constitution, is
not built upon the sovereignty Of the peo-
lple?is whether they are not the fountain Of
oil political power?+-and whether they
ought to be deprived Of the privileges 81
electing, BY their own voice, the officers
whose duty it is to administer the govern
ment under which they live? We insist
that they are the strong massive colutnns
upon which must rest the arch and key.
stone of the Gonstitution,-that they are the
most deeply interested in the .administra-
ton Of their affairs--it IS they who are the
principles, and the officers Of the govern.
tnent their agents. If 50, what reasons
can be adduced why they should notsen-
Joy the privilege Of electing their judges,
Will it be contended that the people are
not competent, that they do not possess
sufficient virtue and intelligence to selec,
men Of integrity and capacity to admins.
ter the laws? Althosgh we find none d
those who oppose the adoption Of the Con-
stitution in consequence Of this provision
declare in open terms that the people ought
not to Be entrusted with the election b
such officers, yet we will find, upon ex.
animation, that their arguments leads di.
rectly to that point, because. they. aver
first that incompetent Judges may be elect.
ed:-second, that partizans will be placed
upon the bench; and third, that the Judge.
thus elected, viii, in their decisions, Be ac.
tualed By those partizan feelings, and de.
eide against law and justice to accommo
date their political friends.
Now, 10 show that those objections ars
more superficial than solid, and that the,
exhibit the same distrust Of the people fol-
self-goyernment which has ever beef
svinced by the monarchist, the tory, anc
those who sneer at republican institutions
let us examine them more in detail, ane
for this purpose refer for moment to thu
two differentl modes Of e'ecting Judges, a.
contended for BY those who are opposed K
their election by the people; the first Be.
ling that Of appointment By the Governor
by and with the advice and consent Of thu
Senate" By this mode Of appointment
you give to the Governor . patronage
which he may, and commonly does, eAer.
else for the advancement Of his p6litica
friends, without always regarding ntheil
fitness or capacity for the ofioe--it 10 b,
this kind Of patronage that he, is enabled
not unfrequently, to obtain an influence
which may not Be merited BY his condno
character an influence which result
in an injury to the best interests Of socie
lty. But it may be commended that th'
Senate would not "advise or consent t,
the appointment Of an incompetent or al
unworthy man. Cast your eyes to iothe
States, where this mode Of appointment
prevails, and than say whether past ex
lperience does not prove that incompetent
if not corrupt men have frequently beef
laPpointed to sit As judges upon the bencl
men, in, whose decisions and legal &C
quirements the people have had no conf
dence, and who have obtained their Office
merely because they have been clamorou
politicians -personal friends to the@G Gov
ernor or some distinguished Senator. IHav
ing said thus much ofthis mode Of appoint
|ment let u now turn to the other, whicl
i an election BY the joint ballot Of boil