Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1847-02-27

3
dicial system, simple practice-our
courts are a5le to dispatch promptly
all the business which comes before
them and the patronage of the Gov
ernor is not worth mentioning If he
appointed the Judges, no Governor az
ter the LIST, would appoint more than /,
and the difference between appointing
one Judge and hundreds, takes away
the whole argument, for the theory of
our government is to divide its pow
ers, giving to each officer some, and to
none a great deal.
| Again, il is said that formerly the
same objections were made 10 the E.
lection of Justices of the Peace, yet
in practice they did not prove well
founded. The analogy sought, does not
apply. Justices are elected in small
districts, where each voter can become
well acquainted with the candidate;
party politics cannot be brought to
besr on elections so successfully in
small districts as in larger; the office in
most cases is Improbable and unde-
sirabe, and the incumbent cares little
whether he retains it or not; the ques-
tons to be decided by Justice are for
the most part simple and un;mportant,
and If he crrs, his decision can be cor
rected by appeal, while such is not
the case with the decisions Of the
Judges Of the Supreme Court. AL
though the Governor might not make
so good selections of Justices, owing to
the number of offices to be filled, scat
tered through every town in the State
and their comparative unimportance,
as the voters of the vicinage, yet he
would make far better choice of
single Important officer, than couid a
vast number Of voters, who could not
have any means of acquaintance with
the candidate. Besides, ii is undenia-
bic that desire for popularity does
sometimes affect the decisions Of JUS
tees.
The only argument in favor of the
elective principle which | have ever
heard. is contained in the following
"Is it not more democratic, and do you
distrust the capacities Of the people?
Ia the abstract sense of the word. il is
more democratic, but not in the Amer
lean sense Of it. 1t would be more
democratic for the people of the whole
nation TO meet together in one vast
body, and make their laws. as was
done in the ancient Polish Diets. 1t
would be more demneratic that every
decision made by the people or their
agents should be unanimous, which
was also practised by the Polish Diets
and in order to carry out the principle,
the majority frequently killed off the
minority. But the Polish democracy
necessarily run into anarchy, and de-
stroyed that nation, once the greatest
and most powerful in Europe. 1t
would be more abstracty democratic
for the whole people to assemble to-
gether and decide all lawsuits, as was
done by the Alhenians, after they de-
stroyed the court OF Areopagns. This
abstractly democratic tribunal Danish
ed Aristides because he was just, SEN
fenced Socrates 10 death, because he
was the wisest philosopher and most
exemplary man of ancient times BY
the decisions Of this court, virtue be-
came crime. But this Athenian de-
mucracy destroyed the most glorious
city mentioned in history. Now shall
we rush headlong down to destruction
like the herd of swine possessed Of le-
gions Of devils? Shall our govern
ment fall, by the very means which its
enemies are predicting? The theory
Of our government is this" the peo-
pie are capable of, and will choose that
form of government which is best for
their own interests" The only
question for US to decide is, what course
will secure TO us the best judiciary p
I But to say that one method is better
than another, and that the people will
not adopt the better one. is saying
that so far our system Of government
is a failure. What good is to be OBJ
tanned By this elective judiciary what
principle promoted what party bene-
fitted? what evil remedied? how is the
happiness and prosperity Of the people .
to be advanced by it! Then why
east all the trouble, and expense, and
responsibility of this election upon
them:
1t was expected By every member Of
the convention, that at the close Of its
session, the constitution would be most