New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-17
Elcriire Mdees-JcFy>on


cccunc The Judccs-blt il great point and like Mr.
Bascom Idea OF elccting them by districts the districts
elect the they know best and Ike best Inc par
will nave great influence in the election OF such Judges
but IL members ON both sides politics, support
men standing and character candidates or they VIII
tail with the voters who have the deepest interest IN
having Justice administered IN Us native purity " rs
not Jefferson a Wing of 1Gt Did hc not AT ~ draw out
the great Declaration OF American Freedom Nj an
Burcns opinion against an elective republican Judiciary
has been quoted both 10y Wing and Democrat ON inc noo
of ih, Convention quote better more faithful, ANA
far worther authority that Of Thomas Jefferson. Our
highest Judges The Court OF Errors most useful
ones the Justices OF the Peace elected by the PEG
pie directly and The reminder OF the bench are elected
by Governor and Senate OF the peoples choice The
Senator and the Justice OF the Peace axe elected Tor
wears the Governor ior The Senate and Governor 80
iect Judges for wears and some TIL they arrive
three score
In letter Thomas JEFFERSON to Samuel kerch:yal,
July H. lsl6 lie thus states his views after pubic HE
OF nearly 20 years:
az has been thought That the people are compeen;
electors OF Judges LEARNED the !a;g But do not know
that this true, and II doubtful! we should iolow pI'ne'
pie In this, many other elections, they would be
guided by equation, which would not err oreI perhaps
Than The present mode OF appointment In one STATE ct the
Union a least has been long tried, and win tile most
satisfactory The judges OF Connection; have been
chosen by the people every SIN months for nearly Wo CEN
turtles and believe there has hardly ever been an instance
of CHANGE 20 powerful curb OF lncessan respousl
hiy II prejudice however derived from lnonarc!lcsl
clp.e o, our %> . - N nv he p.oit be-.
sill mstrs,ed LEI NJ least not adopt the cyl! and reject
The good English precedent; lei Us tetain nova
bity the concurrence OF the tNeeave ana es's,se
nation 20 office Executive function To give Il 70 ne
LEGISLATURE do is violation OF he principe o. me
separation OF powers Il swerves the Members from COY
rcctness by temptations intrigue Tor Once
aad corrupt barter OF votes and destroys Tesposoi
ZION in proper place. among Executive functions, Tie
principle o the distribution power preserved a;G
head
Ii the teeth OF this opinion viii the legal friends OF
the noae!ectlvc system advocate Legislative selection
OF the judiciary subject all the evils OF cSba
and intrigue without the check OF puhcjrv Though
par. OF the Executive force OF the State the
OF the Laws and the Civil Power being committed 70
chem IN great degree, Yet they not responsible 70
any Governor elected for couple OF Years. and why
should r Governor nominate them Elect the Judges
SIR and YOU may occasionally md on the Bench man
OF sound common but little versci II The legal
iarso,, of the Profession What them He might have
an Assessor: One thing am sure We wo0id not have
,bos, Judres OF loose HE ana CORNERSTONE who have
found their wsv 10 The Bench under the system o; a
poutrncnt bv the Albany Regency or any other As 20
their tenure o; Office, would nether ecc 1G4se nor
Governor for long period. why shou!a .uGse De
elected to Office I'LL thrttscore sId cn S;ld governor
only for TWO wears Even Ny Stow to-day. although
his mind OF Ulrrs-C Conservative character aaiec
;h!s morning that the Judicial power, N the Court o.
las; resort would De safer II TIE hands OF men e+ec'e
by the People than III those OF Judges appointed IS
heretofore He nstancei the extraordinary consiric-
nOa which the Judges and Chancellor had gwen 10 the
Habcas Corpus remedy and admitted tbs; the eec:>
members OF the Court OF Errors had there proved
effective check 10 public liberty and individual freedom
would rather elect the Judges Districts by the S-
pervso-s. Mr.. OConor proposes than bring :heir
election Us heretofore, INTO the Lesslatu-c
MIR. O'CoNoR proposes, do the majority o; the
Committee the Judiciary, transfer the powers OF
III, Corr. OF Chancery 10 the Supreme Court on the
other proposition 10 establish clear code OF scientific
ally arranged set OF rules OF proceeding the Court o
practice by the lawyers Sors In II OF evidence &c
as means 0! yedresSing wrongs and protecting Tlght
the Committee appear 10 agree WITH Mr. oConor-
;hev are for one set of rules o! practice.
On Wednesday. Mr. Nicott Q: New.foFk advoca:ed
with grea, Hbera and fairness, the views OF the ma
jority OF the Committee IN many respects Inc PcE
poses Of on-,s of JUSTICE was TO enforce right
dress wrong and ne preferred the OLD Common Law
stood before the Norman Conquest-a simple sys
tenn well suited TO plsin agricultural people. which
wthou, those pcrnicious "details OF form which now en-
bsYsss us ut every Turn. In these days nan entered