The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-08-11


OF ssaveholding voters who are tired Of the In
stiiuton, IL must be regarded Ia bad taste, IL O
anli-republican, for d email minority to tell IN.
masses they ought not 10 discuss or agta,e IN,
subject! Such persons should recollrct tina,
others conceive their interests are az stake. Il
Is 30 trIhing matter 10 import slaves from III,
adjoining States who may be sent of for their
crimes, and 10 bring them and locate them
amongst US. In the Preparation of new feo.
ales TIE non-slaveholder has no guarantee tina
40 will not be the sufferer. Aud should the
slave be convicted and hung for arson, or burg
arr, or rape, or murder, the citizen who owns
40 slaves and who may be most deeply Injured
oy the crime. is1axed 10 pay The master aud inn
porter the value OF his irlon slave! Is Il not
ngnt In forming Constitution TO guard against
such thingsl
The present constitution makes iI imperative
| npon the Legislature 10 pass laws auhor.sing
| llSseTs TO emsncipste their slaves, saving the
! rig hts OF Creditors, and guarding against their
becoming public charge. This is strong
provision IN favor Of emancipation, aud exhib-
Is The sentiment which prevailed Ia the conveu-
uon. IL II be continued, the rapid multiplied
doa OF our Tree colored population will be the
/ consequence. | desire the creation OF a colo
uisation society clothed with Powers such ss |
| have mentioned as a substitute.
Foreseeing the difficulty of making a new con
siiuiion 10 the Satisfaction Of the people, aud
believing that the election Of Judicial and ex
-cItlve officers would more likely result ia evIl
han In good, was sverse 10 the experiment OF
convention But as Il has been made, wish
- ses the new constitution so perfect IN. 1 ca
give il my hearty approval. do not dstrus
'he Capacity Of the people to select judicial sn5
-Aecative officers. believe there Is intelligence
-nough 10 select the best lawyer Ter a Judge or
Oommohwedith's attorney, and 8 competent
person for clerk, sheriff, constable, &c. But
iJect TO the scheme, because OF its direct ten
ivucy 10 corrupt the officer selected, aud 10
Hske him leau o n the one side or the other in
me discharge Of his official duties; because il
ii embtter society by illlng IL with dist usls
lrd examinations, aud because il will foment
ard augment party snimosties and factions,
a9w sufficiently violent 10 endanger the PeTpe.
90 ty OF the republic.
You canuot prevent the judge, when A sad
3 are htigants before him, from thinking that
the one was his friend aud the other hts oppU-
ucnt in the canvass. If the presiding Judge b.
candidate for reelection, Is iiigants sppear
iu court, you cannot prevent hiEi from thiak-
900 which has influence and which none; that
th IS - member OF large, wealthy, aac infu.
entail family, capable Of bringing many voters
10 the polls, and that is poor, obscure individ-
al with a solitary vote OF a nonresident hav-
4 no vo;- at ell Every one must see that il
he Judge is think % OF these things he is not
IA 10 try the cause. lie viii be tempted 10 think
Of them. Is human nature pure enough 10 re-
SYST the temptausn1
Unfortunately, popular eKeitements are some.
lines so intense Az 10 destroy, for Ihe time, the
Jublc judgment. Occasionally, We make our
-lsclI0ns turn upon very curious tests. IL We
-lsct judges, just before the election an arrest
Tor murder or other crime may occur. Ia the
Of H..
.tisely charge that such q Candidate Is the rela-
Q. IN or connection or friend or enemy Of the &C
cused, and that such candidate has alread,
'smmitted himself for or against the prisoner
every one peTceiyes the probability that such
elements and charges would be made, a1d the
leUgeT Is, the candidates might lay the touuda-
son for them by actually expressing an o5in.
"a beforehand in favor Of the most popular
ode Can any one believe that II our judlciar,
1ld been elective dunRg the existence OF our re.
iIsf laws, as they We're called, that candidates
would not have been required 10 express their
apinion as TO the constiIauonsliiy OF these laS,
be ore the el ctiOnf Thus there is eminent do n.
r, under the elective system, we shall hav,
questions Of liberty and hle, and the highesl
constitutional questions involving the rights o.
coatract and property senled by the results o
au excited elrctiOueering campaign. Ia high |
s-rty times, We should have all the appellal, |
iges OF the same political denom slion-zl 1
big. or Democrats or Republicans or Loco 4
f0cOs or Of some other name, used to classify |
aud designate party associations. Bul, Will, 1
lI the aPPrlzte Judges would be elected from
lie same party, the district aud circuit Judges /
would be elected according TO the political com
fiexi0n Of their several dislricis- la the gene
-si scramble, IL Is possible that the streams Of
ustIce might be made muddy. Ia this district, I
a. might have one set Of decisions 10 suit thr I
taste OF the electors; in that district, we might
nave decisions precisely opposite; and, before .
these Jarrlng and conflicting decisions could he .
rJconciled by the court Of sppeals, u new cleo 4
lion of appellate judges might take place, and, /
ga conformity 10 change in popular sentiment, !
tie prnci pies settled by their predecessors NAV |
d. oyerruled. Uncertainty and distrusl must b. |
The cOnseq ue nee Of such 4 system.
After the election Is over, the opponents OF
lie successful candidate, recollecting the heat
aud perhaps the animOsities crossing out Of th.
contest, may be appTeheBsive that Ihey cannot
obtain fair trial Of their So its before his Honor,
the Judge. Hence, applications for changes OF
venue, and sui,s will be removed froul one dis
uict or circuit TO another, enlarging the costs
and harassing witnesses by long Journeys. But
Il the suit was tried where IL originated, then,
should the judge decide against the litiganI who
opposed his election, reGstion and dlsappont.
nent may attribute the decision To CORFU ption.
II the Judge decided ia his favor, then the oppo.
siGg party might attribute the decision 10 a cor
rupt design on the part OF the Judge TO reconcile
ME opponents and 20 secure their support at ID,
next election.
Under such system, who can expect stabii-
q and uniformity in the administration Of jus.
ucef VIII il not engender distrusts and ami
'nosites destructive Of the harmony and hap.
piness of sOciety7
There Is less reason for electlnQ mere execu.
tive officers than judges. What interest have |
he mass Of citizens in selecting one man In I
preference 10 another, to act clerk, or sheriff
or constable, &c all the candidates are capable /
ard faithful What difference does 1t max, 1
whether A or b Hs sheriff or constable serves
he writ or variant and collects the debit They
nave no discretion. plain rule Of law pre-
scribes their duties. They give bond and secu-
rity TO Indemnify indivioualsssnd the public -
L nder our FIRST constitution, sheriffs we're elect
ed, but il worked 30 badly under the thousand 1
> Bister influences which elecIioneerng prriu 1
iices and purtialities eDgendered, that it was
abandoned N our present constitution.
There seems 10 be no other reason assigned /
for electiDg judges, sheriffs, &C., than that the
people are . capable Of electing these as Ih.y |
Of electing e Governor and members OF the |
Legislature. There is a wide difference IN |
principle. which TO me is obyIous. aud which, | |
sPPTehend, Is generally overlooked. In re-
public, both constitutional and statute law |
should conform 10 public sentiment. Represeu- !
talives of the people must be elected to make
constitutions and 10 legslate In accordance |
With constitutional provisions. The principles !
embodied in the Constitution constitute the par |
dmount expression Of public sentiment, and are
TO remsin unstered until changed In the man
nrnVided In ffxalf