Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1847-02-24

circumstances. We continually alinae 10
the independence and integrity OF the En-
eiish judiciary, without examination of the
causes which created and supported it,
Originally The judges there, were eniiiely
dependent upon the king, and as might be
expected, the interests OF the people were
despsed, their rights tramp!ed upon; a long
and felcc Struggle was commenced and
continued until The crown was stripped of
every preFogatve and power over the ju.
dietary save the tight Of appointment. Is
this power of of appointment The true solu-
ton of the excellence of That judiciarya-
No sir, it was created, and has been sus-
lainsd by puLlic op MON, by the virtue and
inielIig nee Of the British people. l he
history Of the mother country is full Of tes-
timony Of the just disc rmination of the
people and their ability 10 exercise it, and
no argument can be drawn from it favora-
bic to The system of appointment in our
coEhtty. Our circumstances are entirely
different There they have three estates,
the king, nobility and commonaliy, having
! d fierent interests and powers, and any
me lkod which should give The power en-
lirely into the hands of one Of these estates
would be certain to subvert their consiiu'
ton. Not so Lese. We have but one
estate, The people, but one interest, the
common good.
Let US examine he arguments urged
against the expedency of the elect OH of
judges 1t is said thai the people cannothave
the means of knowing who will make The
bes judges; that they VIII not select them;
that The elections VIII be decided upon po-
tical grounds; that flequent elections will
have dangerous influence upon the judge ;
and that good judges will not be retained.
How does The executive, obtain his inior-
nation as to the fitness of the persons he
appoints Judges! -fiom the people; from
those who are intima with them; ON
those who best know them; and not from
PEI sonal knowedg e-ale not all these ave-
nues Of information equally open and even
more accessible 10 tie electors. II IS adj
mited that there is nothing more purely
local than the reputato on Of the lawyer ;aad
who have the best opportunity OF judling
Of that reputation, OF comparison and
though2-The people, suiiors, witnesses,
jurors, lawyers and spectators they attend
the courts; they are more free from paiti-
gan prcjud,ces and animosiiies, than an
executive nominated elected and sustained
by pariizanship can be; and hey possess
every means Of forming the best jadgmen.
Of the qualification OF candidates, OF their
relative leaning aud ability, and of all The
traits Of mind and character which form The
excellence ola Judge. But this knowledge,
it S urged, does not feach beyond The Jur
ction of the County Court. doubt
whether this is tue in fact, bu' If L true,
il affects tie question Of appointment as
much as Of election. How is the governor
to make selcc ion between candidates
from different quarters Ct the Saie-un-
less he has the means Of compar son!-
And as personli knowledge is ont Of The
question, how is he 10 make TIA. compari-
son, save from The opin Oh of those who
know them both? And ask If this means
Of information is not equally within the
reach Of the electors as The Executive!
Rest assured tina; The people Will seek out
and obtain The necessary Information, and
they will act upon il, Ter upon them will
fall The curse ifthey choose badly, 10 hem
the advantages il choose well.
The electors will know as long before
hand, as the executive, that judges are to
lie chosen; and nolwithstand. the fear
here expressed, that tie section Will lie
made bv irresponsible caucusses, two re-
move from The people--the nominations
will be m-de, as the result OF public opinion
mulurely formed, and which the conven
ton is only called toee her 10 express
This cflice will be like all oher important
Offices in our county, one tor which lhe
candidate will be really selected long be
/ fore The name is promul gaed by conven-
ton. Sir, 1t is only in the inferior Offices,
where public opinion has not been fo:med
or expressed ana where these interior OIL
fees are made the subjec: of bargain and
sale that conventions make lnlud cious
, choices. In the case of Judges, their cleo
tons are 10 take place at u time different
/ from general elections, and when no other
county or district officer is 20 bo c.oson--
the conventions for their nominal on viii
meet for that purpose solely-and the re-
suit will be the just expression OF The wish
es Of The paHy-each party will present
their best men and let the people choose.
That The choice will not be dec ded upon
political considerations, the example OF
NJ Mississippi amply proves, But was II so I:
have Tot all The appointments by The exc
cuive of Tie United States or the States
been made upon political considerations.
The governor is the chief Of partzans. and
more bound TO the car of party than the
peol lie ever cun be-Look well to The his
tory Of the country see how often the PEG.
PIE have brown off all PARTY trammels 10 so
tleir mark uron an obnoxious candidate;
how seldom this has been done by the gov
ernor. Every page Of that history demon
sHales that the people are less moved by
any considerations Of mere party pol cyi
than those who have been much in Office
and long trained in part IAN warfare, &c
regard, none but porlizans I'll Tor office,
and for this reason alone the election o,
Judges is safer in the hands of the people
win the influence upon the judge be as
dangerous as my colleague fears! am
not orgeful sir,uf the inirmities of human
nature; am not unmindtul Of the teach.
ings Of experience, that men. long deemed
unspo,ted, under strong temptation and
where the fear Of detection has been Car
removed. have iuetrievably fallen In the
case Of the judge tie temptation viii be