The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-04
The Kentucky Constitutional Convention.
Our FRANKFORT CORRESPONDENTS.

Our FRANKFORT CORRESPONDENTS.
FKANPoRr, Oct ~, 1919.
The judiciary Article The Dtscwssio~ Ixrso~-
Viecs of the Ne,o York Judictary-Cucwit
Co~~t-Death Of Bryan g. Owsl<y, E's-Lf.
Gov. Lstcher aud the Msrtcan Missioa- The
Weather, Re.
The judiciary article sull remains under discus
sion, the end Of the second week OF Its conside
ration and Of the fourth week OF the sitting Of the
convention. However, there is a prospect, at last
"opening up" Of the interminable debate being
speedily brought TO close, the convention having
today adopted resolution limiting all discussion
in committee Of the whole, on the proposition, to
ten minute speeches The debate would seem to
indicate the adoption Of the article As reported by
the standing committee, without material, or, in
deed, any amendment. The prominent features in
1t that have ELECTED opposition, the requlsltion
OF two-thirds of both branches of the Legislature
effect removal of the Judge, the proposition to
branch tho court, it is termed, to allow 1t to
sit in the four districts alternately and the re-eg-
bility Of the Judge to an election for second
term.
The opposition to these features, 1t is apparent,
arises from an innate hostility to the main prnci-
pie of the article-the election of the Judges by
the people and which, from fear Of loss of popu-
larlty with the people, Is not dared to be manifested
boldly and openly. Some of the speeches have
been most remarkable specimens of logic. Imagine
\ man arguing most strenuously against all the
points which give force, usefulness and strength
10 particular proposition, and without which 1t
would be mere abstraction, and then winding I'D
with glowing eulogy OF the bare proposition
itself For instance: the people have the right,
and are fully qualified, to elect their Judges-but
We must 80 embarrass, and clog, aad check their
action, as 10 render 1t almost impossible that they
should exercise that power which they can best
exercise. THIS is about as perfect an idea as can
give you Of the character OF maay of the arguments
to which have referred.
Mr.. Garrett Davis, we'll known as a member of
Congress from this State, IS the only man as yet
who has had the boioness and the nanpess to
come out and avow his unyleldng opposition to
the elective principle For two hours aud half
he denounced the proposition with all the fervor
and ell the energy that language IL capable of ex-
pressing. His sentiments were such yon rarely
hear uttered in lhese days Of progress and mani
fest destiny" 1t was just such a speech as might
be expected from political Rip Van Wrinkle, who
awakened with an utter Inconsistencies of what
had TRANSFERRED while he eoourned in hls sleepy
hollow. However, all concede that II was frank
and manly avowal, which should command the res
pect and admlrato of even those who Uttered most
widely from him. Mr.. Davis denied that the peo-
pie had asked for an elective Judiciary. Nor did
he believe that the people were to be trusted in
such an exercise of power; he would not even
and graphic description Of the evils that would re-
suit from the adoption Of the elective system, and
the consequent disgrace and degradation that
would be entailed on the Judiciary. His panacea
TO cure the evils existing IN the present system.
and TO obvate the stili more fearful ones to
be spprehended from the proposed one, was
certainly a novel one, and will doubtless be
of interest to such Of your readers ~ incli ned
to the study Of the elementary principles Of
government; He proposed that whenever
4 vacancy should occur in judicial district, the
members of the lower house Of the Legislature,
presenting such district, should form an electoral
college and nominate two candidates to fill such
vacancy, to the Senate, which body should select
one Of them to be commissioned by the Governor
as JGdge. This was to apply to the circuit Judges.
From these cirenit juices, and from among those
who had been such Judges, the Governor wss to
select the Judges OF the Court OF Appeals, and to be
restricted, in such selection, to them alone. lie
urged that this mode OF appointment, by tins stimu-
lus of hope Of promotion, would encourage the
ridges to every exeruon for the attainment Of a
distinguished position, while II would also satisfy
all political parties, by giving each Its tar repre-
sentatlon In the judiciary. What an opportunity
would the adoption Of such project afford Tor the
organization Of powerful Judicial aristooracy,
who, by easy combination, could for ever retain
centred Of the judiciary department OF the govern
ment!
As your judicial election Is abou, to come off, it
may be matter of interest to your readers, and
especially 10 those who are politicians, 10 read
what are Mr.. Davis's views OF the workings OF an
pressed as follows
Your system in short time after the judges are to
be elected BY the popular vote will Inevitably force the
selection OF every candidate for judseship from pot
cal partisans; indeed there will be none others from
whom to select these candidates, and the very same
means which all other political partisan ofnoss will be
rssorted TO- and viii mi tn. oroe Of Judge. We reco
lsct that about two years the at election WAS held
for supreme Judges In tn. STATE Q, Nsu r or
prsne court judges Mr. Gardiner rscsivsd the nomina-
zion Of the denocratio party and he being an anti.
l. - ul-l- 49, tAau i'm n aVAv nfsA
FER him and he was running ahead Of his ticket
some twenty thousand votes. What power and In
soeiatss ON the tesst Is ~ss the fact that h. de-
clsred beforehand that he Vas elected to the supreme
esurt bench he va. an Anu.rentsr ana would decide
In the state Of New ORR at this time New York
the empire state ss she In her popuA-
tion, In her In elements OF wealth. and
tonai power and great but most misohisvous In the
example she ten 10 her sser states and IN no eIAm-
has lately adopted -bst IL gning on In that great
state Tread from the Ne~ orb Eren,ns Pest a. as
count Of what l. doing In the second Judicial district
"Tbe Judicial convention in this district met 81
Nevburgh the lith Instant aud nominated John
w. Brown, ESQ vice strong, whose term expire. /"
have served In Congress vi one OF these gentle
nen, and suppose my venerable friend, (Nr Harding
has served with the other aad both know that Strong
IL man OF greatly more ability and legal attainment
than Brown And on vhs dsrations Ia Mr. Strong
superssded and another Democrat brought ous to
oil his rlsee' The Poet says =
"A more acceptable nomination could not have been
made either to hrs district to the State Mr. Brown
a OF the frat lasyers at the New York bar, aud
enjoys the entire conndeuc. OF bis professional
brethren. He H. besies msa Of unwesrsd industry;
has been the architect OF his fortunes; vas honosd
with seat In Congress for tpo successive terms aud
Was II the efficient members Of the constitu'
tiopal convention OF is46 His antagonist, MIR. Has
brouck also Of Ne-burgh Is batter tno~n ~ poti'
elan than lawyer anu -i not probably receive the
entire support OF hp parry against candidate so de-
of his dktrict "
make this declaration without regard to politics. be
he uhig or be be dsniocrat-keep your potiosl pati
out Of your courts you would keep pesilenos
from this hall But the cause for the overssugh OF
Judge Strong viii appear in the continuation Of the
extract -
The following very appropriate tribute vas paid By
the convention TO the Hon b strong whose term Of
cffce expires this winter
Resolved unanimously That Hon. Selah b. Strong,
whose term justice VI the ceurt will expire
the fret OF January bex has discharged the duties
OF bis ttsucn with pre- eminent sbity, aud TO tue
entire Satisfaction 81 the brs OF bar and the
people OF the dis ricths nothing but the peculiar
situation OF the dtrct the location OF three
In single part Of has induced us to nominate
ther ne % Gil his III ncV' -