Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-06-30
ELECTIVE JUDICIARY.

procuring judges by cleo, ion has been
tiled, and the results are there detailed. 1t
need not be said that this case is or might
be an expeciion 10 the working Of gen.
eral rule. The people ofsny other state
of the Union are quito as we'll qualified in
this respect as the people of Mississippi.
and it is certainly reasonable 10 presume
that quite as beneficial results would at.
tend upon the system in other places as
thore, 1t takes a long time as well US
determined ASA Urls 70 break down those
barriers which custom that engenders
prejudice has raised. Rerormers can pre-
sent nothing but their ardent convictions
They point TO new field-they have no
results 10 refer 10, they call upon mankind
10 leave the beaten track, and pursue their
happiness new and un.ried sphere -
They can succeed only MS light progresses
ia the great mas, Of mind, which is always
slowly. The history Of our country has
much ofinstruction in it. II was a hard
struggle against a powerful party, 10 pro
cure any power whatever to be entrusted
to the people. But what was entrusted to
them. they proved themselves able and
faithful deposlors Of The practical ope.
ration Of the system shut the mouths OF
the distrusters OF the people, so far as
power had been committed to them. Rul
every step in comforting new powers upon
the people was met in the same way
! True the people had proved themselves
fully equal to all the res pensib ilities with
which they had been entrusted, but the
new power which twas proposed to confer
was peculiarly sacred; that they could not
they must not touch. So it has been; so
it will be. 1t is the strife which is contin
ually going on between progression and
conservatism. Thus far the advocates of
an elective judiciary have met with but
little success; perhaps however as much a:
the advocates of any theory SO completely
new and in opposition to all established
notions. But we anticipate rapid progress
in this respect. New York, the Empire
State Of the Union in every respect, will
we think, in her constitution now framing
engraft this enlightened prime pie; ard we
doubt whe her a state constitution :heieaf.
ter formed will be without it. Enlightened
minds, indeed the great mass Of mind, arc
comprehending the true stale Of this ques'
ton; and for the few, who can never com.
prehend nor appreciate a principle, unit
they see its workings, Mississippi will fur
nish convincing proof
We will concede if we are forever 10 be
under the jurisdiction of my Lord Coke or
Sir William Blackstone, or other Of the
master minds Of the year l; or if prece.
dent from the days Of Adam is always TO
decide every question whether it be the
stealing Of goose or the title to an estate
Of a million dollars or The taking of human
life, that it is possible the people may no,
be the best selectors ofjudges. ltmay take
some study of character TO know who has
the fewest ideas off own and the most Of
the dark ages, 10 entlle him 10 that posi-
silion. But we do anticipate time, (anC
we consider the election ofjudges as steF
IN that result,) when law will be ditferen,
from what it is now; when common sense
will be called upon to declare simply VIVA
is right and what is wrong in a question
4 without any special reference to the opin
ions either of Lycurgus or Scion. In tina
case the good sense, and the moral worth
which distinguish thousands Of our fellow
citizens, will Always furnish ample materia
for judges.
The letter which follows was read in The
! Louisiana Convention when this question
was under discussion. 1t was addressed t.
a member Of that Convention, by The gen
ileman Of Mississippi whose name is at
tached TO il:
"New Orleans, March 22d, ls45.
Dear Sir
II have received you'll letter Of the l9tt
inst, requesting my views upon The ope
ration in the STATE Of Mississippi, of ths
system adopted there of elecing Judges BY
the direct votes of the people, and ask ne
my attention, particularly to The objection
urged against the system, that such cleo
lions would generalIy,i if not always, turn
upon party, or political questions. Hav
ing no objections to The public evowal o
my former opinions. or present views up
on this interesting subject cheerfully com
ply with your request.
"At the adoption of the Revised Constiu
ton OF Mississippi,in 81, was, with n ma
Ijorily of the bar of that state, opposed Il
the system of eecting the judges by III,
direct votes OF the people. We regarded
il as new and hazardous experiment,
beautiful in theory, but dangerous in prac
iice. Many of us did no, doubt the capac
ity or intelligence Of the people TO max.
the best selections, bu, we f6red popular
excitemenis would find their way upon ,he
bench, that party spirit and political preju
dices would generally determine The Sc
lection, and that the judges would carry
these prejudicies with them upon the bench