The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1847-03-26

Ue uOOTS OF your sCOull IooihF, VI " ioo'u
entrance except 10 the favored few who are
richi The denial, the practical denial Is
Just the same, aud the ruinous results upon
public faith and to private right, just as az
gravsted. Why, sir, is Of no moment TO
The suitor so far as il affects his life, or per-
son, or property, or reputation, whether the
injury be done him by open dcspotism, OF
though forbidden BY ihe letter Of the censti-
tuition, yet compelled by the force of circum-
stances. The end alike of both 10 death,
death to his rights. Rather, then, let us
abolish the nero form Of government, aud
90 back to the first law of might, since os-
Gaping thus the pretended benefits of polti-
cal organization, we shall escape lis burdens
also. @ N tt
Having now pointed ou, briefly, the two
great opposite evils Of our system, namely,
haste and delay, ss exhibited in the Supreme
Court, pass TO the Common Pleas. And
here il need hardly be remarked, that not a
few of tho evils spoken OF, flow necessarily
from the organization Of these courts Also
But shall not weary the House with repeti-
ton; adding only, that 10 them in The first
resort. is committed almost the entire mass
of judicial business in the State, both at law
and in chancery requiring therefore, in the
Judges of these courts, an extent OF ability
and learning, and of aptitude for the office
of Judge, which it is given chiefly TO the Mans
fields, tho Eldons, and the Marshals
of The profession, 10 boast of. The great
fault, then, the Common Pleas, consists
in tho constitutional necessity for having
not less than two associate judges for each
court. Usually there are three, and these
are almost always men ofno legal knowledge
or education whatever--lrequently of no
knowledge or education at all, and who are
, rarely consulted upon law points, or if con-
, suited, land then only for forms sake) ac-
i quicsce readily in the opinion Of the presid,
ing Judge speak in general terms. foI
have seen associates now and then, WHOSE
natural dignity and good sense, made .iiem
+ in all bu, the forms and ncties Of the law
q an evermatch for tho lawyer who had beer
e elevated, unhappily, to rest upon the bench
# b.. inese ara exceptions, and even if thel
!. were found in every court, they could no
!. make the system much tho less defective
For of what use are these men, not Learned
. in law2 except tindeed, in the mere forma
business Of probate and administration, or il
: The granting of licenses to keep tavern. A
; best they are but an unnecessary eneumb
! rance, and if erected into an Orphans Coart
% with tho powers now exercised chiefly b.
~ them in the Common Pleas, apart from th
al president Judge, might very easily and L
alv ho HIcDpnapd w
: come now 10 the mode Of election All
Il tenure Of Office. That election is by tn
"A Legislature on joint ballot, and for the teri
or ofsevsn yes4s. 10 all this am opposed
! If You DO b OF come back 10 the ancient mel
"A I'd of Executive nominations 10 be confirm
~ ed by the Senate, with tenure for life, {
~ during good behavior, mode and tenure Il
~ ~ together adverse TO the genius Of our inst
:. tutiens, aud tolerated in the federal const
: tuition only because it is better to !oleral
- some evils ihore, than TO run the hazard
70 70 evils far worse, by too frequent and gre'
II changes in an instrument founded upon {
,J tender and delicate compact, and embra
y ing SO many and such varied conflicting ii
r. teresls-iG, say, you cannot come back
70 70 ibis, SEQ nothing TO be gained by withhold
~ "a ing the election of Judges from the peop
"a "a The present system has no one advantag
II over tho mede | speak of-a mode sdopto
~ long ago, without pollution to justice, or pre-
;, udise to the sacred and elevated charaet,
ID of the judiciary, in Mississippi, and more r'
=, Gently, by the new constitutions Of Louis
- -, ana, Texas, Iowa, and New York. adm
:. that once entertained and expressed apprt
~ hension for the purity and safety of the j,
in dietary, in the event Of popular elections
~ ~ But my little experience and my Observable
-, of judicial appointments within a few yea
past, q may add, more reesntIy,y have sati
.. fed me tina. as COED and better selection
es will bo made by the people, than by this
.r by any Legislature. Political conneclid
=, with the party in the majority, is nov an
. a,,yavs has been made prerequisite in ii
ne ne candidates for when, beg to know, did
10 10 whig Legislature eiosl domocrats to juds
y ~ ships, or democratic Legislature Gle
~ whigsi In elections by the people j, cou
~ be no worse. And Ambos's saloon pou
~ find feper patrons then. The general pr
II ciplo surely is that all elections ought to
Cd by the people direct; and the case should
CO a strong one to Justify departure from Il
rule. admit that the Judiciary is by far Il
sc strongest; and that there afe reasons pee
in liar to it and not applicable TO the other d
~. partments, in faver ofthe exception. But
20 repeat aud insist that unless you can secu
nh tho full benefit to be derived from differe
rs rs method ofappointment, it is both wrong al
of vain to abandon general principle SO vits
90 and SO consonsnt with the spirit Of our inst
tu,ions. Give but sufficient term Of yea
A.. A.. ..,,.> aud nhovo oil 6vnn n .,;v