Arkansas intelligencer., 1845-08-09

remarks we publish an article from the Missouri
Gazette.
THE JUDpIARY.
or the numerous araukents we have seen urged
nrains, the election of u Judges by the people,
perhaps no one Is more frequently used anu Will
greater confidence than hIs that the people are
incapable of selecting Il individual best quaiIil-
ed to discharge the dutl$ OF such oihce. FROM
this rosition We beg led @ TO dissent, and in lis
stead to lay down the 70 owing propositions: that
the peopIe have better or potunitlPs TO know what
are the qualifications oi1an applicant, they have
more rectirude of purDot. they possess greater
capacl,y to iuige. and Viii of consequence make
a GOOD selection more frequently. than either III"
Governor OF the lerls Suie. or both Of them TO-
gelhcr.
In the State of Mis- $uri, on account of the
scope of territory, andIthe number of counties
there must ofnecessily u seveaI judicial circuits.
The State al this time Il contains II circuits made
of four or five counties &ch. Very many reasons
might be urged why e3 h of these should furnish
its own officer; sutfc it to say, the presumption
is and it is a fair one at all the :IrcuIs STAND up
on equal ground as the qualification OF Inc
respective men; it by happen that tins viii
not hold good IN SOM particular case owing to
special circumstance S put as general rule per-
sons will be found wi re they are warted ana
there is no need of i'm brling individuals from
distance; if there be ny'n in each OF the JUDICIAL
circuits equally qualified to hold the office of Judge,
il is unfair and dan;IdemOcraC TO select two. three
or four from one CIRCUIT and take none from the
others, because the pbpIe of the circuit IN reality
pay their own oiliref, though the salary comes
Immediately out of lt State Treasury. ard our
government is no re{ {beciOr Of persons except 5"
far rs merit gives preference. Hence IS es'
tubshed the rule o hing each circuit furnish
It's own Judge, which u eod required no Argument
for the impress ol Hncss IS stamped upon lis
very face.
The Governor of h dSiatc single individual.
confined 10 one place and generally through lie
has lived in one coufty--one Judicial circuit
He is supposed tn DO as capable OF Judging the
qualifications of lawle ers iii his circUt AS any
other person, generally perhaps, he is more Capn.
bic than the other cIutens; but how IS he TO know
what arc the abilities of persons at a distance.
whom he has never siy. True, he may read Of
them in the papers and hear them spoken oi III
conversations but II is dangerous TO trust implicit.
ly such testimony, fu1 accidental circumstances
frequently raise for the, ,awyera reputation which
he deserves not, and modest merit is Oficn left Il"
slumbcr on in obscuril unawohoned by the voice
of fame. Thus. if y Governor be invested
with the appointing power he must select all from
tie circle Of his acquaI IIance. which would oht'
rage every principle of1jnscc; or he must trust
rumor-rcputaIon which practice is trough with
danger.
How MUCH better Il with the Legislative
body! none, but worse hiher. The mem ,.bcrs OF
the Legislature are mol generally of smaller ca
paciy, aud taken from lore humble walks oi life
than the Executive. or nearly all Of them
(oxcept four or five frd Il the particular cIrcut)
are supposed 10 be not rsonaly acquainted with
the candidates. They ls, either no! vote at all,
let their votes be com Banded by very few OF
their co-munbcrs. whic practice is susceptible OF
great abuse or trust The lcceilfu voice Oi rumor.
But the people of the rcuii have sufficient Op.
portunitics 10 know WIN are the claims of an
aspIrant. Before any awver has entitled hun
self TO be Judge he mus have transacted business
sufficiently long 10 be bwD by most OF the indi-
vduais in the Judicial EIrcult IN which he lives.
II he is an honest man hey know it, if he is an
able lawyer, they knoI it; if he is sound though
not brilliant lawyer, hey know 1t. They bave
seen HIM at the bar. pephaps have entrusted him
with business. they al acquainted with his prl-
vate habits and mora character. II he is dis
honest, or has acted in bad faith they know this.
They have the opport bites Of knowing; the Of
flee concerns them mt ki vItally--ther hyes--lb-
erty and property; AMI they should have therefore
tho right of choosing
l0eehiem Of 1roop&-Captan Farwell OF w.
soamboat ChampIain4 arrived here Yesterday
morning. reports that be brought down from St.
Louis, one hundred nd of the I'd Regime ut q.