The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-09-09

tnat OF The election OF judges NO o'neI PioPoseu
change has had less attention paid TO IT, and, YET,
is more worthy Reconsideration than this one;
indeed, il may be said that II is one OF the most
vital matters that could be preached at an assembly
of the people. The judicial power, as well as the
executive and Legislative, Is an essential part OF the
machine of government, Its formation must be as
perfect as its functions are essential Upon II de-
pends the pure administration of the laws; and, no
matter how wisely legislators deliberate and frame
code, il will be dead letter, or permcious unless
hon st, impartial, and learned expounders are
placed upon the bench.
But the possession of these qualities alone, are
not sufficient TO guarantee the pure administration OF
the laws. One thing must be added, that is, the
perfect independence of the judges-the entire
questration of the bench from all external inhu-
ences, such as too frequently operate upon public
men in other situations. They must not be the
nominees of any party, nor must they like the
mass OF their fellows, possess penchant for any
set of opinions. The perfection of an expounder of
the law consists in having mind perfectly free
from impressions, extrlnsc to the tenor and spirit
OF the laws of their country, OF which they ought to
be, as it were, living representations Make
Judges elective, and how could they be such as
have described So long emulation and ambi-
ton exist al the bar, there will always be banker
ing after seat on the bench. AT present this de-
sire is laudable, and the means of attaining to It's
object tree from lmpurity and ignoble pracses !;
but soon as the proposed change is efiected- 1t
will be-there are the temptations to schening,
and temporizing for the purpose of gaining popula
rty and votes, that prevail over political candi-
dates TOR place and power. Put such man
the judgment seat, has his political, as well as
personal friends and enemies, and you take very
etiectual way to strike at the root of impartlaty
for in spite of the highest degree of integrity and
good Intention the fear of the loss of office, which
still would impend over him, would undoubtedly
unfit him from always acting Justly.
Everything inclines those who enquire into this,
TO hold the independence of the Judges as indspen-
sable TO the soldity OF civil institutions, and the
stability of the nation. Blackstone writes beautiful
ly on this topic, and his authority is a high one
indeed tar does he go that he ascrbes the power
and stability of England 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 ap
appointed, their tenure OF office is secure and per
petual; and having nothing to fear from any quarter
they afford to be upright which they could not
if they knew amaster. The effects are visible; Eng
lish history shows many noble examples Of the firm
ness and integrity of her Judges
We do not say il is altogether impossible to have
honest Judges by electng them, but we do say that
the state of society would require be very pure in
order TO avoid making many grievous mistakes in
selecting out of it men fit for the bench. 1t is a
sweeping and radical change, and we think il will
be regarded by the intelligent people of this State too
hazardous an experiment to try. Were the abuses
OF the present system great enough to suggest a
change even then the above ought to be received
with extreme cautions but it is pretended that
corruption and abuse forces change upon us, we
can too well afford to deliberate, and weigh the
question IN all Its merits, to be precptae and incau-
tlous In adopting dangerous novelties.
RELIGIOUS ANNIVERSARIES IN BRooKLYN-The
thirty-sxth anniversary of the American Board of
Commissioners for Foreign Missions, will be held
in the First Presbyterian Church. Brooklyn this al
ternoon, at four o'clock, and will probably continue
for tour days. These religious anniversaries are
beginning to attract considerable attention, as they
present curious and interesting picture of the pro-
gress OF the religious sentiment in this country, and
show the spirit which animates the leaders of the
various religious bodies. They are in fact more i'm
portant to the souls of the people than political con-
ventions, and we shall watch their movements
with much interest. The religious world at present
IS divided into ctques, and some extraordinary re-
velatons may be anticipated.
RELIGIOUS DsPUTEs.-The Montreal papers are
at il tooth and nail upon the old theme of Protestant
versus Catholic. An itinerant street lecturer by the
name OF Burns got kick from some striking oppo-
nent who thought he was doing disrespect to that
venerable old gentleman, the Pope, and forthwith
most orthodox and catholic fight was got up The
papers are making good deal of capital out of it,
and doing their utmost to keep alive religious preju-
dces and national distinctions Montreal NAV
thank its press for the present distracted state of So
cety which now exists there. They ought to have
taken lesson from the American press in putting
down Nativeism, and crushed intolerance and
illiberality in the bud Nativesm and Canada Or
angeism are in substance the same
REFUSAL OF PARDoN.-A letter addressed by the
Governor to the Sheriff OF Rensselaer, County, con-
tains the reasons of the Executive for refusing
communication or suspension of the sentence of Green
the murderer 1t Is full oil good sense and firmness
and certainly must be conclusive as to the Justice OF
the tate that awaits the criminal. We hope to see
always similar sentiments coming from the author-
ties and we shall have fewer crimes, and fewer
sympathiZers with criminals We NAV as
well remark that while those friends of
Green who made themselves active IN soliciting
the favor which has been refused are to get credit
for mercy OF the tenderest kind, their judgement is
not at all apparent in the trouble they have taken
"
The THREE CITIES OF New YoRK.-Syracuse
Buffalo, and New York, are to be the three great
cities of this state. We have already the returns
showing the population in Syracuse and Buffalo.
1870 lS45.
SyIbCusc,. 5000 g,6I4
Iotal,.. ACKNOWLEDGEMENTS. Q2l3 1890
24,2l3