Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-06-19
4 REBUKE TO JACoBINIsM.

course to 'spreserUe the bench from that CONSERVATIVES
SPIRIT WHICH DIsHoNons 1T ; and declares 'ha'
" there is no branch of Government ohch SO much requires
10 be made liberal and republican as The Judic'@y we
commend these expressions TO the attention of all thoughtful
persons who would learn somewhat Of the Objects and some
what Of the spirit that philosophy of Refom-Loco'
oco Reform be it aims begin the po-
tica millennium by tearing down institutions given by our
ancestors as the bulwarks of liberty and happiness
ssrhere is no branch of Government which much re-
ques be made liberal and republican the Judiciary It
has, indeed proved highly oppressive to knaves and elons
cheats and cut hroats and suppose that is to be
made liberal and republican,, they, and the very penen-
ares are to sing for Joy It be made liberal and
publican too preserve the bench from that conservative
spirit which too often dishonorsit" Doubtless there has
been some strange haucinaton in the public mndhe u-
sion thousand years and have all been in sup
posing that conservative spirit the BENCH above all other
places was the most desirable, and necessary. The
spirit thought, preserved, and defended, and
protected upon the BENCH anced preserved what was
worthy of peseation-truh and justice, the rights OF hie
and property that defended the Innocent and protected the
helpless In this all mistaken the conservative sp
rit is something that " dshonos the bench We really be-
eved and the world believed that the judiciary could be dis
honored only by spirit the very opposite Of the conservative
and the worldly accepaton the opposite of the conserva
tive spirit is the destructive Let inquire THIS be
the intended substitution. There is appearance OF
in the following paragraph, upon which we com
mented at the time of its appearance, some months snce in
another Locooco paper of good and moral city of Pha
delpha
"a great battle will day be fought in the country by
the people, and army of artificial beings created by acts Of
legislation called corporations and when that day arrives, we
desire honest Democrats the bench not book
worms that repeat Coke, Leon, Blackstone, and all
,ba
knowledge of institutions and the springs to human
ton If such found at their post when the day of
trial arrives the struggle will be short though perhaps
sangnary If this great contest to be confined to
the Legislature and the people the polls it will be polong
ed because the judiciary will inerpose its power to arrest
any reform which desirable in order to harmonze with the
progress of things around u.s. Why should the Judiciary
stand still The laws which impel other branches of
the Government forward should also affect this the most
prominent because of the long term for which judges aP
pointed"
Here the suaan,ua boaunl of the reormes agnaon is
Judges who are not quote Coke Littleton, and Black
stone but be "polcal philosophers, acquainted with
institutions 1--WE suppose conservative judges not
and the springs to human action, bead, money, vice,
virtue, religion, and the love of oice) And when such
judges upon the BENCH and the great battle between the
people and the corporations fought then the struggle will
be short, though perhaps sanglnary one That will,
TRUTH a substitution the bench of destructive for
indulge the privilege, of sangunary struggle God
forbid any such spirit should sit in the judgment seat
in the United States
The reform Of the judiciary, which seems to be nearest
the heart of the Democracy, is of the widest and most
dangerous innovations of the day The scheme and the
tce (fo become the established rule in several
the Saes) to make the judiciary elective and the emne
of justice, bestowed for brief of years. the direct gift
the people political election We say political election,
for it be- and is be- thing else. The sys
has just come vogue New York. the first cleo
ton has already been held The Wings of that State,
the evil proposed the words of the Pennsylvania
"to make party nominations judges !" and the Penn
ylvanan then ejoiced the promptude with which the
proposal rejected by the Democrats and rejoices in
party triumph The reformers determined that all these
shabe political elections The great qualification of reform
Judge is be- therefore, his politics No wonder there
should be hopes Of the judiciary being long troubled with
the conservative spirit which dishonors it," The prospect
that shall long be troubled with Lynch law either
the will perhaps in time take that business out of
the hands of the Regulators.
But is strange that any party of American freemen
capable Of calm thoagh should be willing rush upon an
experiment which promise them good that they do
already enjoy, but which threatens the most manifest
evils 1t is to the law and the administration of the law
the United States that look for the practical enjoyment
all those rights of the freeman which guaranteed by
constitutions. The constitutions themselves but the
theory the law and its administration the realization of
blessings, which exist without their protection They
have fine republican constitutions in Mexico, only that their
courts corrupt and vena Life property happness-our
good names, liberties all that American thinks worthy
living for dying odepend for their peacoabe enjoyment
upon the judges and jures of the land and, long as
they true to their integrity and true 10 the laws, nothing
go i'll with the Republic with the citizen. The i'm
portance OF Independent udicaryof faculty of judges
learned in knowledge incompatible in integrity elevated by
fearis obvious. The profession Of the Gospel ministry
scarcely needs be raised above the pers Of worldly
aurement than the Office of judge The should give
in his whole life example Of the heavenly religion
which he teaches the other should sit upon his bench
abstraction Of justice, knowing nothing, feeling nothing
thinking nothing, dispensing nothing but the law But how
long shall have such judges when the judiciary is cleo
tive when the first qualification Of the candidate is his poll
tics and his denomination and reelection dependant upon
the caprice of and the calculations Of committees
Our exchanges inform tina, in Kinds county, Mississippi
where they enjoy elective judiciary, Col Tarpey lost his
nomination for the State Senate because he refused pledge
himself 10 rote against The reelection Of Judge hayhey
member Of the High Court of Appeals-Judge Sharkcy
having given offence by decision which established the right
Of banks from their Debtors and the inclination Of
the Mssissppans Of the nominating convention being in