Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-05-12


be permitted TO vote for one directly. But
the power was conferred on the people, land
the experiment soon diss pated all the idle
predictions of those who had doubted the a.
blty OF the people TO transact the business.
We maintain that if the people are qualified
TO vote for Governor, or other officers,
which have the power TO appoint Judges,
they are equally qualified to vote for Judges
direct.
lfby an independent Judiciary, is meant
a distinct class in society, a privileged and
pensioned few, condition above the people
then we object to such independence. In
a republican government no class of men,
who have to do with the affairs oil govern
ment, should be independent of the sover-
oign will. We want no independent BRAN
ches of government, we want each depart
ment TO feel responsible for its acts. We
have in this Territory not been without ex-
amples of an Independent judiciary. One
of the Judges of the District Court has for
4 number Of years past, been in the habit of
spending considerable portion of his time
in the Southern States, aud neglecting the
duties of his Office; his long and frequent
absence from his district, became source
much complaint by the the people, so much
so, that our territorial. legislature some two
years ago passed resolutions, requesting
the aforesaid Judge TO remain at his post
The Judge needed not the complaints
Of the people, nor the resolves Of the
legislature, and continues up TO this time
to absent himself from the territory as usu-
al: he gets salary of $500 per annum,
and holds his office by appointment. Here is
an Independent Judiciary.
1t is objected by some, that if we elect
Judges,wo shall have political Judges-that
in their judicial conduct, they will lean to
the party to which they are attached. Let
those who make this objection, look at the
condition of things where Judges now hold
their Office by appointment. We make the
assertion without fear of contradiction that
nine tenths of the county Judges in the state
of New York, and in the other states, who
are not elected by The people, are among
The most active and Jealous political parti-
zans-their names appear on central and cor
responding political committees, and they
are the leaders and advisers in political MAJ
ters The obtainment OF the office by ap-
polntment does not therefore lessen their
partizan zeal. Party, has just as much to
10 with the appointment Of Judges, as with
heir election; where Judges obtain their
office by appointment, it is usual for a party
convention to nominate, or few partzan
friends to recommend to the Executive, and
g. hoe e.,
curtence. for a man 10 obtain the Office of
Judge by appointment, who could not have
obtained fifty votes, had his election been
left to the people. SO far as political partial
tiles of Judges are to be apprehended, the
motive is Just as strong in the one case as
the other.
Another objection urged is, that if Judges
were elected, they would be influenced to
give partial decisions for the purpose of
reelection :-nothing would more certainly
prevent their reelection. 1t is on insult to
the intelligence Of the people to suppose
that they would favor the election of Judges,
who were known to be partial and oAe-sided
in their decisions.
An important reason, and one which we
shall remark upon hereafter, why Judges
should be elected by the people, is that it
prevents the Capitalization Of power in the
Executive: the powers of the government
should never be concentrated in an Execu-
tive or a cabinet more than can possibly be
avoided. Too much patronage lodged in
the hands of any department of the gov
crment, is always the cause Of great mis-
chiefs and abuses. Give the election Of
Judges TO the people, and it will take away
from the government an important patron
age.