Democratic banner., 1845-05-17
Correspondence Of the hammer.
THE JUDICIARY.

gust. exceeds in Importance. that Of thu
mode Of consthu.ing tho Judiciary
Perhaps the question Of representation
is more Immediately interesting to tn,
people Of the larger counties, but in i'm
p~ortsnce to all portions Of the State, a
all times. for the present and the future
no .ubiec, can outweigh that Of the
mode Of selecting the Judges Of the
higher Courts. Shall the Judges be
appointed as they now are by the Gov.
e.nor and Senate; elected by the join:
vote Of both Houses Of tho General AZ.
,smbiy fer q term Of years, or for life;
or will the people elect them directly,
and without the intervention Of other
seca,.p From these different plans, the
people will be called on to decide, in
tie election Of insnberato the Convea-
'ipn. The two plans which viii probs.
bly, unite nos, supporters. srsthe pres
err: mode Of appointment for 9 term Of
years, and the election BY the people
for q term Of y.ars-sir. eight. or ten.
For msny reasons which I shsll not now
enuuerate, I consider the former mode,
the most Objectionable that has been ,ug-
res:sa, and inmea,usab!y worse than
that authorized by :hc existing ceas,i-
su,iap. I prefer that the Judiciary
,hcu,d be nads elective. and no' SIS 4
choic. Of evils, hu: ss lie beet mode Of
selection Ira. cnn b. devised; and 90
ros. in harnchy with &C: institutions.
II !, Re admitted tia: the peap'e 40
capable e self-goresnD.n,, II is an
inevitable conclusion that they .hcr!3
have Tho selce.icr 40, oa,y Of the agents
g -ake& ordain tho is~sty which they
choose 10 be governed; sad the officers
to carry into execution the laws when
40 made and ordaircd, hut tho selection
Of al agents TO whom ia entrusted tie
naturalization Of the lrws. This last il
the Office Of tho Judge, and according
to TIE theory Of our political institutions.
ire Judiciary fo.nsa %conponeu. part Of
ell DIR yovsrnn.nt,, bath State and Ma.
,ional. ii i, universally admitted to be
a co.esnal ard coordinate department
Of the government, and should DO indie
pendent Of either the other departments
the legislative and Executive. Capacity
f,r sels-government impl;e, necessarily
. capacity TO 10 whatever j, necessary
to keep the government 10 '%ueeessfu'
operation. A Judiciary being accord
ing to the theory of y government,
necessary ard proper to guard and pro-
.ect the right, Of the people. and a part
Of the machinery Of u government
conclude that it 10 q Legitimate and q
fair i~nferenc. from conceded principles,
that the people have the capacity to &C.
lee, III. Judges Of the courts; and un'
les, some better reason than l have
heard urged can be given, they W II
10 themselves to exercise this capacity
directly.
The Judiciary is a component part Of
our government agency; a. much 50 O.
thu Executive or Legislative; and il the
neoule can govern themselves, why can
thew not do i, out and out, AZ well a. BY
halvesp Why permit them to have
vo;c. in tho selection Of the law.maks'
and tn. Executive, and deny to them tn
exercise Of all other participation in tn
Government? Have they the virtue an
intelligence to select agents to make N
law and to execute it, and yet have no
!, the virtue and intelligence to make prop
/. er selections Of agents to exPouho ."'
-. administer itp I. is perfectly clear Ina
Il, the people should elect the Judiciary
, or we should adopt the maxim that the!
/, ara capable of self-governnsns' witt
sone modification. II We deny to then
the right of selecting directly their 40
n;n;strators of the law, and that too o.
J the ground that some power can max
y h.,,e, ,.lections, we should st least la.
: down our theories more carefully an
abandon forever CIR ~prsconceived nc
ton, If the ability and capacity Of ma
for governing himself without the al
h Of Kings and Lords. No. the d'etr''
-.'hi,,Is IN con.endine follows cor
d elu.ivsly from the .ckn0wi:dssd e,'i