Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-06-23

man government. II is not true as the Ar
gus says, that the trainers of the federal
constitution had the advantage of appreci
aung and Judging of free COVE nment,
qualify with on selves. Our government
was then in its infancy, aud us ultimate
success was regarded by m ny as an ex.
pertinent Of doubtful result. But have no,
many things pertaining 10 The machinery
OF our government been entirely changed,
and others modified during the last fifty
years? The same wisdom that once Ie-
garded the appointment Of ju ges 10y the
Executive as the best method Tor obtaining
them, also regarded the appointment Of JUS
thes Of The peace by the Executive, or some
other central power, of ECU impor ance
TO the safe administration Of Justice A
| large proPort on of The STA es now differ
from The opinions entertained hat cen
fury ago, ani have conferred the elcc ion
of justices Of the peace on the people; and
does The Argus believe that the giving Of this
power TO the people was not wise and
salutary measure eli government? If it be
granted that the best method to obtain JUS
tees ot the peace, is 10 elect item by The
PCOpiCS 'iICit IL must uG COHCeG6u 10 DC Inc
proper method TO obtain Judges. To say
that part Of our judiciary should be cleo
tive, and part not, is drawing disinc-
ton most absurd. OF all our courts. those
OF justices Of the peace a:e the most i'm,
Porlani they are The courts of resort for
The great 'ss of the people; especially for
the poor m n who cannot afford the ex
pense attendant an the higher courts. =
More than four fi.ths of The business is
transacted in justices courts.
But why is the Argus afraid TO state his
objection to It's election Of judges by the
people, openly and fairly! If some other
power can Obtain better Judges than the
people, then it Ger ainly follows that the
people are less compctcnt; therefore he
objection amounts 10 simply this he W
dom and Intelligence ofthe people are moi
competent to perform the duty Of eiecling
Judges at the ballot box. The always
nave been those who dstrusr the ability If
the people to govern themselves it was so
at the time of the formation of the federal
constitution; il was thought then by many
tha: the people had horsepower entrusted TO
them than was consistent with their true
interests; every additional power which
has since been conferred on the people, has
been con ested by this same class of polit-
ca! dlstrusters; and we have those among
US now, who make high pretens ons 10 de
mocracy, and profess implicit faith in the
genius Of our institutions, but who are al
ways distressing The virtue and intelligence
Of the people and are afraid to confer pow
er upon them.
Another position taken Thy tie Argus is,
the universally Of the pact sc OF obtaining
Judges in the several states by appoint
mentment. Although the Argus la3ors
under some Mistake, as to the extent Of
the appointing power in some Of the states
but granting that most of the states get
their Judges by appoinueni, il is but "a
slight assumption in favor Of the prop:itty
Of the method. Although the Argus says,
that this fact alone, '.should inspire poll
iicians Of moderate caiibre with a degfee
of modesty IN advocating a different mode
Men Of moderae caibrc are usually in
cIned to take things as they exist, for bet
ter or for worse, without investigation
Any one who marks this seniifn nj Of the
times, must observe that the opinion is rap
IDLY progressing, that the people should
have conferred upon them the election Of all
important officers in the government. In
the state of New York where the question
of constitutional and lega reform is now
being d scussed; scarcely single respecta-
bic public journal Of any political parry, is
now found advocating the appointment OF
Judges; neither are Thee dozen members
in the Convention now assembled ia thai
e,who will be found opposed to allowing
the people The privilege of eIeclng the
judges. Many notions have obtained great
universally, which are extremely absurd
The assertion Of the Argus that no evils
have grown out of the appointing method,
only shows that he has bestowed but little
attention 10 the history of our higher
courts,-evea a want of familiarity with
the condition of things in our own terrific
ry. Agau says The Argus :-"Every one
who has paid any attention 10 public af-
foirs, must know that the judicial depart
ment in point of ability and integrity,
stands decidedly above either Of the other
departments throughout the Union" Now
if this be correct. what is the legitimate
conclGsiona Why this superiority of abiL
ity and integrity of the judicial department
of the government, must arise from the
fact, that the people are no, allowed to
choose their judiciary by popular vote
Now if depriving the people % direct
voice in procuring the judicial department
Of the government, produces such good re.
suits. woald il not produce equally happy
results, to deprive them ofthe election of
the legislative department. Is not integ
rity and ability as essential in the !egfsla
tive department as in the judiciall
Y,