Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-07-17
COMMUNICATION.
THE ELECTION OF JUDGES BY THE PEOPLE

which is evil We witness every where disposition to strain
principles beyond their proper limits reaching for
ward to some ancied good needless OF consequences
less feyesh excitement beokening great arrangement in
the body polite.
Improvements in every department of life when judiciousy
pursued certainly desirable. Fancul experiments
certainly dangerous and nowhere do they result fatally
when attempted the constitution and laws of people,
Perfection in human government is be expected, To
discard important principle in Government because
not proof against every imaginary objection which the brain of
captious cavier may devise, would be wise if
should refuse purchase garment that he needed for the
reason that it did not afford complete protection from both heat
and cold.
conentment is necessary ingredient in tbs cup of nd-
vdual happiness IT is no less in that of nations. As well
may be concluded that the boarded pile of the mser will
yield him complete satisfaction while he debarred from
ther acquisitions, that any people will flourish and be happy
while they cherish amongst them disposition tamper
with those fundamental principles of Government which
Perience the great touchstone has Proved perfect is
zue yet fully adequate the end designed and productive
nnquestoned benefit The and homey observation
that oeH enough should be lei alone repete with i'm
portant instruction, and of appropriate application
The political convances of the present day. Let
The people Of this country be warned by the fate of other
lions. As they recall the history Venice and Florence
admired models of former Republics, and the rayng points
of the friends of freedom in the Old World let them
Der that where Liberty and Repubcanism born and
fourished, there also they found buryng place
That Government is most natural, to speak, and capable
OF producing the greatest amount of good its Subjects which
is founded the will of the people This truth atested
by the united voice of philosophy, history and experience
Yet it doubtless possible push unwse extreme the
principles upon which founded free government An
example OF this in the action of the people of
New York IN reference to the Judiciary of that State. In the
Federal Constitution and those of every State in the Unon
Il there principle which has assumed prominence and
precedence it the principle of Independent Judiciary
This idea which the trainers of those instruments seem
have abored maintain The united wisdom and talent
OF the country had years ago, been brought bear this
subject and the mental energies of orefahers
hausted in their efforts produce system of laws the
adapted to the wants of the people, and their safety The
success with which these efforts crowned fully aested
~ the unexamped prosperity of those for whom they were
put FORTH But It reserved for the expose and
-ect the Of the SIRE While the wisdom and virtue of
wiser and better age have given their unqualified opinion that
i not only expedient but Indispensable free and equal
administration of the laws that the Judges should be indie
pendent of the people, the needless advocate of modern
Provement and the peoples rights the child of yesterday
hastily reverses the decision thus soemny made and voci
lerousy declares that all power is derived from the
people, SO all orders, Offices states, and conditions in the
Government be created by, and must be dependant
aPon them The independent Judge be the peoples
humble Stations which, pure and unconai-
mated, adorned by, and in their adorned Mansfield
and Marshall spotted by the dirty splashings
OF party while he who shall dare to rise above its
influence will pay the penalty of prescription
The writer claims to be Repubican-advocang "popu-
lar Government understood and admitted the good old
days OF Washngton-but having sympathy with that
democracy called, which is without rule without limit
unrestraned and cenous and which, affecting to desps
every thing that proceeds not from ITSELF loudly nveghs
against the Divine right Of Kings" and in the same breath
etamorphosng one OF the cardinal principles of monarchy
vauntngy asserts that the people do wrong !"
Our Judges ought to be elected by the people" Why
Because our Government is popular Government Then
let US be consistent On all questions of general importance
let initiate the example OF the longorgoen Republics of
the East and obtain expression of public opinion To this
end let all who have arrived the years discretion hough
this may be criterion of doubtful import be invited to an
expression Of their sentiments, including the women OF every
precinct for surely the greater the number the sounde the
Judgment and the close will adherence be to the
principles OF perfectly free Government In the appoint
nent OF towneks, justices of the peace, and each petty
Office in the land the usual qualification which seems only
10 be the ability to scrawl in legbe letters the name Of the
applicant let US have convocaton of the People.
alny due to this great popular principle that should be So
True, the industrious mechanic, such occasions will be
tempted from his labor the dspated idler will meet his Jolly
companion the money of the public be spent and the morals
oi the public may suffer yet all is WELL The People have
done ii and " the people can do wrong"
II were difficult estimate the perncious consequences Of
such system. free and untranmeej judiciary is the
pride has been the bulwak of political institutions
Take away the independence OF Judge, and you anphae
his most valuable attribute, leaving the body without the spirit
parayzed and broken-a something which, though
casts shadow possesses substance is vnueess useless
he who can remain exempt from the feelings hope fear
gratitude, or resentment with reference such have
eSeed an influence favor Of against his promotion to
olce must be induced with qualities superior those with
which moas have yet been blessed. While he remains
human being, he will partake of the faes Of human nature
let we are accustomed to regard partisan Judge moral
monster, as curse to any people. Most wse therefore, arc
those constitutional provisions which, mindful OF the weakness
OF man and his proncness err no matter how exalted in
station, seek to preserve his integrity by placing him beyond
the reach Of temptation They have stood the test Of time
and every attempt to interfere with them should he met with
owns only and indignation from those whose rights and ham
pness they bave so long subservcd.
Drink and be merry, for thus shalt thou be after DEATH
sentiment sometimes inscribed the walls Of the an
clients, their feas representation Of human skee