Democratic banner., 1845-02-08
Communication
lFor the Banner

Of the llth Of January, an ediiorlal OF
come length condemning the proposition
to elect the Judges, ofthe Circuit Courts
BY the ~people-and the proceedings OF
aDemocrqiic meeting of Platte County,
taking the same view Of the subject
The editor writes, (and the resolutions
s,em 10 be but the echo of his views as
though the proposition was altogether
new in this State, ard unhearc OF else
where. In this he is sadly mistaken.-
Once before, in the history of Missouri
this subject has beer agitated- and the
oroposition 10 amend the o%nsiitution,
in this particular was deteatedln 1854,
alone by the faithlessness Of the peoples
representatives. Nor is the election OF
Judicial officers, without precedent
elsewhere. In the State OF Mississip-
nj, the Judges ofall the Courts, are G.
iectei directly by the people-and no
Western or Southern State can boast CT
a m~re able and upright Judiciary. The
Territory of Iowa-Just. knocking at
the door Ct Congress, for admission as a
state, presents to that body u constitution
in which this democratic ~fsatilre is en-
prafed-witht these facts before the ~
on-henrred Democracy oi flatte: 4 htlle
less and Remuneration would
have been more becoming. -.
The ground of opposition, to this
measure is no less remarkable than the
opposi,ion itself. coming as il does from
Democrats. The first effect, says The
Argus" is either 10 divide the W po-
%..li,ical parties upon two favorite candl-
"dates, or draw forth a swarm OF par
.rot-tongued pettifoegers, as candidates
.sfor the vacant Bench, and majority of
these though skilled in the petty arts
"of making votes, probably as little vers-
led in the | aw, or qualified for the po-
~..sition, as a man would be 10 build a
ship, who never had seen one. In Ell.
s.,her case, the fortunate individual
"would be The mere recipient of party IA
"yor or interested motive; and in either
lease, he would assume the office, IN
Fitted from It's inception TO administer
",he lawsiailhfulIy and impartially.-
"Aad why? Simply because a mans
'.prediudices will naturally lead him TO
Hook with a more favorable eye upon
"his friends, than his enemies-the more
$50, toe, when 10 secure a portion Of
these friends, he has been compelled
ITO promise a consideration when a suit
liable opportunity offers" Ifthese OBJ
i~ections be analysed, they, will be found
to be as good against the election Of all
officers, legislative, Judicial and minis
terial as 10 tha, Of Judge OF the Circuit
Conrt. II the position assumed be true
thai A Iudqe will favor his friends in
he discharge o: his official duties, be-
cause they have secured his election,
nill not The Justice Of he peace or the
County Court Justice be equally liable
30 do the same thing, when all oppor-
,unity offers? The Clerk of the county
ur Circuit Count, NAV obtain votes and
be elected from interested motive"
END il that be agood ground Of opposl-
,irn to the election of II Judge; surely
orr laws should require that the COVER
nor should appein, these officers as he
does the Judges, and their election be
taken from the people. The plain Eng
ISL Of these objections is, that the peo-
lie are not capable of Distinguishing be-
'~e,n' u .'parro,-tongued pe~t;iIogger,"
and Tho able and accomplished lawyer;
between the honest man and the corrupt
political trickster. The Editor of the
Argus, would consider himself grossly
in>uited, il one were TO intimate doubt
,f hi, ability 10 make a correct discrim-
;nhiion-but in his opinion the simple
and coniding people have no such ca
paci.y. But, let it be admitted that the
fortunate individual, would be the mere
~recipien, of party favNr,-is not this the
case. under the system of appointment
by the Executive and Senate-not only
in Missouri, but throughout the length
aud breadth of the Union? Are not our
Judges the recipients Of party favor"
and, If ,he people should elect partizans
they would do nothing more than the
Executive does, and so far they would
lose nothing by the change. There
would be this difference in favor of the
system of election over that of appoint
ment-the people or a majority OF them
would have the mar of their choice, for
the Judge partizan though he be where
a. by appointment they get partizan
officer, in any event and most frequently
in direct repugnanee TO their will.
If the people have capacity sufficient
TO elect the Senate and Legislature 10
make Lave, and a governor to execute
them it would seem to be a fair inference
that they are competent to select Judges
10 interpret & construe these Laws. Al
ready they elect Justices of the peace
and ofthe County Court,-who are un-
der our system, almost purely Judicial
oficers-and have Jurisdiction OF much
the larger amount Of the civil bushes of
the Country. What valid objection can
there be urged to give them the election
Z