New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-06-01
Our Elective Judieiary-A Calamny Refnted
hx proof

by Proof.
For perhaps the twentieth time, the following
unfounded cslumny appeared in yesterdays c0H''
Ter g. Enquirer.
As IA well known. while JOHN YoUSo ana % ,hs
eia,es were battling for COnvenuon 70 - - "a
Constitution upon the syowed RrOuno "a. -. .
of he Aho,tioni.t. tbsy would extend the hzut VI
Suffrage 10 Ten thousand blacks and mus pfos .' 60
into power-admitng At the same utns 'na' u - - -.
venton was Dot Constitutional Il was Al eas' spe4' Si
81. w.. - .boud therefore - convened WINE
th. contest was pending the Courier q Lnqal'et re
uestedy charged that such Convention were ofsAnlI
"a Te Tribune Albany Evening Journal and their CO.
shorsr. would Insist that entire Judiciary systen
.ho.l5 be changed and made elective. IhD both ne
Tvaaia and Tribune soLsaiy deRsddeclariDg that they
had no such designs and desired no s1eh chap2s. ~
his gross Misrepresentation. they ssyed the fears OF
the conservative Wing. ia the Legislature. and many
succeeded ia getting vote for calling Convention
We have repeatedly challenged the Courier to
prove this charge and received no answer we
shall now take the trouble Of dsproving it and put
ting it at rest for ever We beg our readers 10 IN
derstand that the constitutional recklessness and
habitoal disregard Of truth evincsd by our chief
slanderer renders it impossible that weshould take
th, course in ordinary eases, as We cannot afordto
surrender all our time and space to any such OBJ
iect and an unfounded charge may easily be made
in ten words that would require column for its
refutation. We are accustomed, therefore 10 iet
all manner Of accusations Of moral and political &C.
pravity from that quarter pass unheeded' ms car
umny. however, has been so frequently reiterated
and uttered with such an air Of undoubted and con
coded trutbfuness. that we ask leave TO deal with
il thoroughly.
On the 9Th of May, ls45 soon after the pas
sage through our Legislature Of An Act Recon-
off ba ~
the Courier & Enquirer came out upon the mea-
sure and its advocates, bat especially It's Wing
advocates with its usual reckessness Of assertion
and ferocity Of imputation. With regard to an
Elective Judiciary its language was as follows
90 With regard 10 what would be the action Of Con
venon If II should ever assemble there are no Two
ouuons among its advocates opponents. Even me
Tribune has heretofore admitted that may and prooa
by will do much than that paper dare anVOcAte,
whatever II may desire; and we nave no hesAuon "a
charging that 10 well kE0Ns that al In Albany weo aoVo
Gated Convention, openly admitted thst under new
Constitution the whole judiciary OF the state would be-
come sleaipe! The Editor well knows that such wss
the daily admission Of the friends OF the Convention m
The .gtsisture and that the Editors OF the Albany
Evening Journal have always openly, and above board
declared that such is OF the great objects OF those
who advocate Convention Yet knowing lhi' ne ns'
the impudence 10 try and deceive the wings Of this
CITY In relation this feature OF the Convention move
rnent because he fears their conservative feelings
would be- reused against the measure by such an al
mission
To this accusation we on the following day, re-
plied as follows We quote every word, that no
room for cavil may remain, and that our readers
may see how utterly false and fagitious is the
Courier's reiterated calumny:
Owe shsll meet this accusation ss fully ss language
will permit We do not know that anybody at Albany
admitted that under Reformed Constitution. our Judi
ciary will become elective We never hesrd any hu'
being advocate any such proposition At Albany or
elsewhere We do not know that any such "dAily al
mission was made by the friends of Convention IN
the Legislature. We do not know thst the EDITORS OF
the Albany Evening Journal have said anything IN the
premises. And we have no opinion or belief that the
Convention will make the higher Judiciary oi the state
elective by the People.
And shall say with equal irankness that
re cannot BE- frightened and do not beere me Peopie
can BE- ft1hened by Of the COUrters bU9bedrs about
The icdrv We have seen Judges appointed by Govern
ors and enatesnd not TO inferior Courts ony-iaI lees
competent and worthy than the People could ever have
chosen We know well that there was more clsmor
against the Popular election OF Justices OF the Peace
prior to and upon its adoption than now be raised
against the choice of County Judges in that way Even
Mr. Van Buren, deliberately declared in the Convention
that the farther this power eecung Justices OF me
Peacel is removed from the People, the better Ihs
doubtless an honest sincere opinion and yet Mr.
Van Buren, would admit as We must ali see that II
was An erroneous Our elected Justices are better
as a class than were appointed either In this or
any other state Even party ties yield to the general
desire for the selection Of good Justices; aud the
strongest party majority seldom available 10 eect an
unfit man 10 this Office. While therefore we do not
propose or advocate any change in the tenure or mode
of hDg Judicial stations zoe hare no shGdon o. year bat
caaitos consequences ioould raul from making The J
dietary IN good part ee5e Forhoe oh0 rally 6,ierehd
me Pe0ps oud prffr d9ls URdtas 10 capable honest
men for their Jud9ts IL must BE- fortunate hat Canada ana
Cuba are 50 accessible"
Need we ever again refer to the Couuers
charge however positively repeated