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

Wltnin tnemSeAveS--tncya pass the laws
appoint their Judges to administer them,
and provide ways and means for the pay.
ment Of their salaries; and in addition 10
oil this, may oimpeach and remove them
FROM office. Yet you will hear the advo-
Yates Of this mode Of, election, insist, that
L secures an independenf jsddiciary,!s g
Let us now return 10 the proposed
msshcl O. electing the District Judges BY
the people and ::s=.s :::s i: .ass=;l the
objections before stated, and Grst; that the
people may elect Incompetent men. lii
reply, we would say there is no induce
ment, no motive for them, to make. any
such choice; but on the contrary, they are
more deeply interested in an able, faithful,
and upright administration of the laws,
than the Governor. or Legislature could
possibly be. This being their object, will
any one 50 far outrage common sense. as
to contend that they would elect an incoin-
peteiit Or unworthy Judge to decide upon
their ivess liberty, aud property. This
objection is too, btepotterons to need fur
ther refntatipn. The second and third OBJ
jections are, that the people win place upon
the bench pdrtisans who win IN their de-
cisions, be governed BY their political feel
ings, and decide against law and justice;
to accommodate their political friends. In
answering these objections. It il only
necessary to observe, that they apply with
equal force to the appointment Of Judges
BY the Governor, BY and with the advice
and consent Of the Senate, as well as their
election ty, joint ballot Of the Legislature,
as we have already animated. Past ex-
perience has shown, that the Governor,
Senate, and House of Representatives Of
the different States Of the American Union
have almost invariably taken position on
the side Of one or the other OF the great
political parties OF the day, they have there.
fore selected men for Judges whose opin.
ions conpoftedi with their own. Where
then,-is the mighty difference, so far as
political basis or prejudice is concerned
betweensthe appointment Of those rffcers
by the Governor and Senate, their election
by the joint vote Of both Houses Of the
Legislature Or by the people? If they
happen to be such inch as can be .infln.
enced BY mercenary or political motive,
in their decisit ms, we contend that the in.
ducements for such conduct are as strong
when they are appointed BY the Governor
OF. the Legislature, as they would be |
elected BY the people, and more 50, be.
cause when elected BY the people, theil
conduct must be honest, upright, and i'm.
partial to retain the respect and confidenc,
Of those to whom they must look for re
election to the same Office, OF for any othel
political favor If the District Judge,
thus elected, should not So act, the Con
stitution provides that they may be In
peached and removed from office; Ii they
make unjust or erroneous decisions. Ii,
Supreme Court Of the State, the Judge
whereof are elected BY the Legislature
can reverse and correct such proceedings
Where, then, is the danger, or inexpedi
ency Of electing the District Judges BY tn,
people? Ii they are not, to be entrusted
with the election Of their own officers
but must delegate that power to other,
more virtuous and intelligent than them
selves, then we say, away with all yo,i
lofty pretentions to self-government--tram
pie under foot and obliterate every memo
!. rial Of your national independence-g,
back to the divine right of Kings--erect !,
throne upon The ruins Of your Republic
and declare to the world-to the monarch
and despots of Europe, that'a government
Of the people is but . living lie. ga'aasa
., aar ss. v.asF PUBLIUS.