Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-01-21
constitutional Reform.

Although il seems 10 be decided, that no convention
shall be called present, to revise the constitution Of
this State, yet feel disposed to call public attention
to some reforms, which we regard as desirable.
Our views ofhe representative character of the Judi
ciary department, have been given in previous ar
Gle. That this representative character may be eec-
tualy maintained, and its responsibilities properly
enforced we conceive that principle and sound policy
alike dictate that all judicial officers should be elected
by the people, This proposition, though it is not
entirely new at the first regarded by many sound
republicans, as a dangerous innovation upon former
usage and the objection has been urged, that the
great mass Of the people could not be supposed to
have that perfect acquaintance with the particular
qualifications of individuals, which is regarded as
necessary to a wise selection. This objection would
apply with greater less force to every Office now
filled by the popular choice and it is to be observed,
that the is constantly losing its force, from the
fact that the law is every day becoming more pop
ur SCIENCE and that as intelligence increases and
becomes more dIsed, the objection will have less
ground than even now But there is great funda-
mental principle, lying at the bottom of the PROPOSE
tiOn,-which is, that the people the source and
depositares of all power and to them belongs its
ercse and to them all public agents are directly re-
sponsibe. If then, desire in good faith to conform
in all respects, to the true principles of govern
ment,-if would carry into practical effect what
profess,-namely, the doctrine that the people
qualified, both by intelligence and virtue to exercise
all the powers resident in them find no stuff.
cient warrant for making the Judiciary an exception
. TO the great principle of universal suffrage.
The public mind has too long labored under in
definite notion, of the nvioability and independence
of judicial officers This idea had an honest origin
under different form Of government In the days Of
the star-chamber and commissions courts it was the
odious practice of the king, to either procure the
Judges to violate their conscience and the constitution
for the purpose of condemnng those whom he found
1t convenient TO ruin, TO place the bench those
supple tools of tyranny who had conscience to vo
late, and to whom oaths, constitutions and laws
idle tales. This was invading the independence Of
judges. and violating the sacredness of judicial ins
tutions 1t would have been but justice, nay, it was
a solemn duty of the kings Of England, to place mer
in judicial stations who had the highest regard tC
the genius of the existing government, and to the
constitutional principles which controlled its admins
tratiOn. The same is true IN this country, excepting
in the circumstance, that here the sovereignty is II
the hands of the people, and their viii is both
eign, and the highest law possible to human nstitu
tons. The reason of the rule for which contend
becomes in this view imperative. Leaving such ap
pointments in the hands of the chief magistrate i
of those badges of monarchy which have survived
among US, in spite of the republican basis of oul
governmental regulations in general. The people now
elect the inferior magistrates, and in some States
those of the higher grade and wherever the expert
ment has been tried it has been found to be emnentI,
successful. So will be every reform which shall hav,
for its basis the noble principle the people are il
all respects capable Of selfgoyernment.