The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1847-04-03
For the Spirit Of Democracy.
TO THE PEOPLE OF OHIO.

For the Spirit Of Democracy.
TO THE PEOPLE OF OHIO.
Friends and fellOw citizens:
i The proposed changes in ou
Constitution begin to attract public dis
cussion. On late occasion in Mariet
ia, several gentlemen spoke in a tom
Of great bitterness and disdain concern
ing the project Of a popular election o
Judges. They contended that the peo
pie were altogether incapable ofmakine
a wise and judicious selection. Tha
they would bestow their suffrages or
the loudest and noisiest demagogue
and great deal more in the same
strain; and as an instance, they tri
umphantly referred to the narrow edu
cation and small qualifications Of men
sometimes elected to represent the peo
pie in the General Assembly. Their
censures on that body, a great majority
Of which they represented to be very
Inefficient and incapable, are not &C.
knowledged TO be just. The advocates
Of reform are not compelled to degrade
the General Assembly, in order to sup
port their cause. But it may be retort-
ed upon those gentlemen, that if their
censures are well-founded--if that body
contains SO large a portion of incempe.
tent and incapable members, it is unfit
to elect the whole Judiciary. Incon-
sistency is the badge of error, and that
is bad cause which needs tho support
ofsophistry. Sometimes the argument
in favor Of measure may fail Of its due
effect upon the mind, until it is discov-
ed that no sound argument can bs made
on the other side Of the question. Itis
therefore right to state the arguments
Of our opponents, in order that the pub
lie may judge Of their force.
This subject is too extensive to be
compressed into the bounds Of a single
essay; another number therefore will
be devoted 10 its consideration. But
a few thoughts will be INDUCED before
closing this. Are the principles upon
which the choice of Judge should de-
pend, too dark, abstruse and recondite
to be comprehended by the popular
mind? ] take the negative of this pro.
position with the utmost confidence.
The qualifications Of Judge may be
inferred from his duties. His duty IS
to declare the Law. Law is defined to
be a rule Of civil conduct, prescribed by
the supreme authority in State. 1t
is a rule-not mere emanation of ca
price; rule prescribed, known before
hand; not mere sudden order or edict
which could not be anticipated, and
which may therefore involve the citizen
in unknown and unexpected RESPONSE
bllities. Law must be uniform. 1t
must do equal right to all manner Of
the high and TO the low, to !
the rich and to the poor, without re-
spect to persons. And all men must
stand equal in its eyes. 1t follows
rom all this that a Judge must be
earned. He is not to declare his
own will or trust to his own wis
iom, but he is to declare the will
If the law, ascertained, corrected and
modified by the wisdom of ages. He
must be impartial, grave, deliberate,
:alm and patient in hearing, and mild
nd firm in decision. And in addition
o this, he must have large and CON-
'rehensive understanding to preserve
i'm from errors and mistakes. Now it
nay well be asked, if there is any thing
o abstruse in these propositions as to
lace them beyond the comprehension
f the popular mind! 1t can not be
And as the candidates must
xhibit their pretensions before the i'm
artial and unbiased tribunal of the
ublic, the unworthy and undeserving ,
will become discouraged and
rink from the ordeal, which would
therwise infallibly discover his demer-
s. Such a system would produce a
reat, immediate and salutary improve /,
Isnt in the qualifications of the Judici-