Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1845-01-18
An Elective Judiciary.

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wings efIdwa bese their opposition to thu
adoption q the coastitu.ion chiefly upon
the Glance which provides for the election
Of the Judges BY the people, the wings in
the Missouri Legislature, aided by the ef:
forts Of the Missouri Republicans pape,
the orthodoxy Of which the small whigline.
will scarcely call in question-are openly
exerting themselves to effect such change
in the constitution Of that State a. will
take the appointment from the Governor
and Senate, and give il TO the people! Such
however, is the fact. Whiggery in Mis-.
souri, would seem to be one thing, and
whiggery in Iowa another; but commend
us to the foreign article, inasmuch as i,
does not entirely eschew all virtue and in
teiligence in the masses. Here, to extend
to the people who are interested in the
proper and impartial administration Of Jus.
tice the privilege Of selecting their chiel
law officers, is deemed radicalism, worthy
the code Of Jack Cade, and wi,hal destruc-
tive Of order and justice. The doctrine
seems to be that there should be no con.
nexion between the people and their judi
cial tribunals. and consequently no &C
coantability Of The latter to tile former
The aristocratic feature which has been
eradicated from the constitutions Of mos,
OF the States in which it formerly prevail
ed. and which in a short time cannot be
found in any one Of them, pro, iding for .
life Judiciary, seems to have peculiar
charms for many Of the votaries Of federal
ism in Iowa.
Below we give an extract from the Mis-
souri, Republican in favor of the mode Of
selecting the Judges provided in our con.
stitution, and commend It to the special and
careful perusal Of our whig readers. The
object Of the editor and his party, in advo.
eating the proposed change, is undoubted.
ly to enable the wings of St. Louis and
other districts to elect Judges of their owr
mode Of thinking, politically; but this
derogates nothing from the force Of his
remarks. And il, as is now everywhere
the practice, no matter what the mode Of
appointment, the political predictions Of
the Judges are to be taken into view in
their election, no more just or equitable
plan to both parties could be adopted than
that Of permitting the voters of the several
districts 10 designate the men Of their
choice.
"Again, on principle, the placing Of the
Judiciary--one of the departments of the
government, whose integrity, virtue and
independence is the only safeguard and
protection Of the weaker from the stronger
powers-subject to the periodical control
Of the Executive, is at once breaking down
all those checks and balances upon which
our government is based, and making the
Legislative and EXECUTIVE departments SUI
preme. 1t is in this view Of the case that
the Wing members Of the Legislature have
come to the conclusion, that the only safe
repository Of the appointing power Of the
Judges, under limited term, is IN rHr
rEofLE-and they will, therefore, advo-
cate their election by the people in oppo-
siion to an appointment by the Governor
or an election by the Legislature.
s'We believe that every citizen who re-
fleets upon the necessity of checks and
basanoes in the government, and on the
propriety Of keeping each department, and
especially that Of the Judiciary, free from
the control Of any other, viii assent to the
wisdom Of the course which has been
adopted. 1t may be that the election Of
Judges by the people may not secure all
that independence, talent, learning and
virtue which we could wish to see adorn-
ing our courts, but these things are more
likely 10 be gained in an election by the
people, than through an appointment by
the Governor. Certain it is, they will be
freed from all dependence upon that and
ether departments Of the government
Receiving their power directly from the
same sonrce as the other departments, we
may expect equal independence and firm.
ness: at all events, we dare trust The
good sense and virtue of THE PEOPLE, II
the choice Of Judges, much more readil,
than the selection Of scheming, incompe
tent Governors--who bestow office rattle,
as reward for services rendered, thar
because Of any merit or capacity in III,
recipients Of them.
MOrsc's Magnetic Telegraph.