Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-01-14

The Judiciary.
There is cry which has sauted our ears so often,
that feel called upon to notice it. 1t is that spo-
tics ought not to have any thing do with the judi
CARY" This exclamation seems to US to be made
without any just of what it means; and we feel
disposed to venture few observations upon it.
We hazard the assertion in the outset, that politics
ought to have something to do with the Judiciary and
we will explain wherein. That the question Of po-
lltlcal opinion has had controlling influence in the
selection Of for judicial stations n many instan
ces, will not be denied. When the Federal party was
driven from power in the executive and legislative
branches Of the Government, at the close Of the ad
minisration of the elder Adams, he took good care
in opposition to the popular will, to throw the whole
power of the judiciary department into the hands of
the Federaisis, by appointing men of that party as
Judges We mention this fact as precedent, and
not with view 10 arraign the act indefensble as it
unquestionably The improperly of the act con-
sisted solely in the fact, that the appointments were
Numerically opposed to the expressed viii of the
people.
We do not pretend to assert, that in the selection
of judges of of inferior jurisdiction very par
ticuar regard should be had to political opinions,
because their decisions, if wrong in principle, are
always subject TO revision by the appellate courts.
The case is however very different in of the
last resort, because their incurable Now
it often that these called decide
constitutional questions, upon which the great parties
of the country at variance. The Judiciary is
coordinate branch of the government, and has the
sole power over all judicial questions. But it is
fatal error to suppose that the Judiciary forms
ception to the rule that government is repreSen
tatipe in all its branches. To deny this position,
would be to negative the proposition that the people
supreme and that in them all sovereignty resides
Judges are but men, and in deciding questions they
act according TO their opinions II may be said, that
they have regard to the weight of authority. The
answer is two-fold. The questions are doubtful or
they would not arise; and whenever doubts exist,
opinion turns the scale. 1t is therefore of the highest
Importance that the authorities they establish should
be right
If the opinion of the judge is contrary to that of
the majority of the people, their will and intentions
frustrated; and the principles which their votes
have sought to establish, and which may have con-
trolled the action of the legislative and executive
branches of the government, are subverted in the
judicial branch. What then becomes of popular
eregnty, and of those great principles for which par
ties contends Is the will of the people TO be thus set
at naught, and yet to be Knocked with the de-
caraton, that we live in country where the people
are supreme 1t is high time that this notion of the
absolute independence of the judiciary should be
abandoned. If the people are capable of selfgovern
ment as we all profess to believe let every attempt
to wrest power from their grasp be frowned down,
and at once If not, then let US acknowledge the
slavish doctrines of monarchy. Yet we told that
il is sacriege to select judges for their political prn-
cipes; and is preached US, that to appoint
Judge because he holds the opinions Of particular
party is s'bri5ery and all that We hold that
political opinion is one of the qualifications for
Judge, the same as for any other civil Office.
We have made these observations not invidiously,
for the purpose of prejudcing the pretensons
prospects of any man but because the subject is
which is discussed good deal at this time, and we
have think that very opinions
entertained in regard to it. Politics may interfere an
the Judiciary to a prejudlcal and even criminal ex-
tent. Whenever party spirit finds place upon the
bench, the mind of the Judge is not IN that healthy
state requisite for the impartial discharge Of the
solemn trusts of his office. There is then for
the foa that prejudice and Partially may usurp the
place of Justice, and soil the purity of the ermne.
The appointing power can never be too careful IN
guarding against such calamity. But in other
specs hold firmly to the doctrine, that politics has
to do with the Judiciary. We might give wing pre-
cedens in the inferior courts, where, as have
marked, the rule does not apply with the same force
but forbear for the that the precedent if
good, is needed; and if bad. it afford JUS
ti6cation to those who follow it. But we place our
selves the impregnable basis of principle, and
there rest devoid Of fear.