The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-01-28

port at the session Of 1916 aud al, that the
current expenses Of the State, for the two
years previous, amounted to upwards of
2O4, OC0 dollars, instead Of 10000, as repre-
scented BY the writer calling himself "Far-
mer."
But TO return to Mr.. Martin. His obiec-
lion is chiefly TO the organization of the Ju-
dietary department; and he says, that that
is on account Of its Anti Democratic tendon.
cies. Whether he means that the election
Of Judges by the people is Anti Democratic,
orthe fact Of their being elected by districts,
makes il so, is somewhat difficult to deter
mine. But, in either case, l am at loss to
discover how the Democratic principle is to
be violated. in some parts of the country,
we hear it stated that the old maxim Of
keep the Judges independents a sound
one. Admit it. This maxim had its origin
amongst liberal and enlightened men in Eng
land; but it was TO keep the Judiciary indie
pendent of the King, who appointed them,
and not Of the people. The evil complained
of was, that the Judges were constrained by
the force of Executive power and authority,
to act unjustly towards the people; and the
remedy provided against the evil was, that
the Judges should not he dependent for their
salaries, or continuance in Office, upon the
crown. But Judge Martin says, III wrong
to max men submit to the decision Of Judges,
unless they are all elected by those whose
rights they are TO adjudicate. If this is cor
rect, then the members of the State Legs-
lature should he elected by general ticket,
and the same of the Congress Of the United
States; because we in Madison county only
elect -four members out Of two hundred of
those whose action is TO bind us.
Judge Martin farther insists, that the new
Constitution takes away power from the PEG.
pie, when it prescribcs the qualification of
the Jndges-as that they shall be of GER
tain age, and have lived a certain length of
time in the Statc-and is therefore Aristo-
cratic. Now, if it is wrong to prescribe the
qualifications of men for the Office of Judge,
why Is It not equally so TO prescribe qualifi-
cations for the Office Of Governor, Lieut..
Governor, members Of the Legislature,
which is done under the old Constitution
Its there provided that no person holding d
lucrative office underline Government of the
United States, shall be eligible TO any office
of honor or profit under the Government of
this State. Now, this must be exceedingly
aristocratic in the opinion of Judge Martin.
Bat yet he condemns the new, and upholds
the old Constitution, upon principle COM
mon to both. Might we ask, however, how
ii can be aristocratic for the people TO res
trict themselves? Itisnot the few restrain.
ing the many-it is the many restraining
themselves. ] would hint TO the Judge that,
in order to avoid aristoeracy, according to
his views Of that term, it would be better
not TO have Constitution at all; and then
it could be said that the people would have
the right TO elect Boys, Negroes, or Indians,
Judges; ora man who resides in Russia, as
well as one who lives in the State Of Illinois
will say more on this subject at another
time. JOSEPH GILLESPIE.