The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-31
The Kentucky State Constitutional Con-
VentiOn.
OUR FRANKFORT CORRESPONDENCE.
ro.A


Plan of Judiciary System OPPOSITION to the
Constitution By the Politicians, S-c.-Bem Har-
din and has Pecu,tarities, Sc.-Count1 Courts
Telegraph Cca.ropersy.
The burthen of my last communication to you
was the slavery question. Since then, the con.
venton has had the judiciary article under DIS
cusson, aud their debates have been, and promises
to be, even more interm,nable than they were on
the slavery question: and without being half as in-
terestiog | say the judiciary article, in which
am wrong; for really the debate has been confined
entirely 10 the quesoo, (or rather purported to be
so confined) whether the Impeachment of a Judge
should be by majority by twothrds Of both
bouses of the Legislature. Those in favor of the
majority principle contended, that inasmuch as the
Judge was not directly Responsible to the people
until he should come before them for a reelection
II was necessary that there should be some punish.
ing power impending over him ia case of misbe.
bavor Ia Office, practicable and more readily
10 be brorght 10 bear than vote Of two-thirds of
the Legislature for his removal. Those who sus-
tanned the two-thirds pr'1cipe, conended that, to
put the Judge under the control OF a majority of
The Legislature, would make the Judiciary entirely
subseTyitnt 10 the legislative department of the
government, and might, IN nmes Of high parry ex.
cuement, lead 10 oulrages by the latter upon the
former To illustrate their arguments, pro and
con, The history OF constitutional, and, indeed, of
every iofm oi goverpmtnt, has been most thorough
y ransacked. the expression during the debate
has been so decided as 10 leave doubt that the
majority principle will be rejected
To many this will appear most frivolous ques
uon ON which 10 base SO formidable and protrdcted
a discussion; but among those familiar with the
history Of Kentucky politics. il will excite sur
Prise. They have had experience in thus State on
this subject, and sufficient To warn them al
al he of nj md in ,h.
slightest degree, under the control of the Legsii-
lure. The chareIipg OF host of independent
banks, IN 1919, flooded the Stale with worthless
paper currency, and excited inord mate spirit of
speculation, which resulted IN involving a minority
al the people ia debt. Sheris and constables
were gong through the land, selling the most vau-
able arms Tor, Ia many instances, one htleth OF
Their value. Farms worth IS 900 were sold for "a
aud $40. Following the sherfis and the consta-
bie., like carTen birds In the tram OF n marching
aud lighting army. To iced on the slan was a band
OF sordld Spectators, Iedplng harvest OF gaia
from the mlsiorunes OF the people. Under TINS
pressure, a Legislature was returned who passed
what was known as The .'Reief Law" which ex-
tended The obligation Of the debtor. The Supreme
OF Appellate Court decided this law 10 be uncon-
stItuuonal, and therefore, null and void. The lie.
gsiaIure, indignant, and unable to remove the
Judges directly, under the constitution, passed
What was called the "ke-organlzlng Act" This
act PROVIDED Tor the re-Org Of the court
and sought To legislate of office the obnoxious
Judges. This lnst act the same court pronounced
unconstitutional, as their terms Of Office, as fixed
By the constitution, were during good behavior
The new court wac, however, organized. held its
Sessions, and decided causes. Meanwhile the old
cout retained possession OF the records and seals,
aud continued Ia pcrfotm such business as
brought before them. Each court had ITS advo-
cates, and during the years lS23 aud 1871, there
was waged between their partiZans. n political con-
test OF exceeding heTceness and bitterness, the
cults 81 which st 10 be witne ssed IN the post
ton now occupied by leading men regard 10 each
other. Riots occurred, and hloodshed frequently
stained The hustings, and, IN some instances, the
prHce OF Iumi,s whs enIbtlcred by the unfortunate
cUBuU,epy. The result was, the triumph OF the old
count party Perhaps TO this controversy and It's
fttultH, more than 10 any other cause, may be
ascIib'd The unbroken tram Of defeats which the
otmrcfalic parry IA TINS state has experienced for
year.. The old party landmarks had entirely dis
snrar'd before the new issue; bat Mr.. Clay had
been oeDfiiied with the old court party, aad IN
1874, when he was candidate for the Presidency,
lor new court parIy Opposed hun, and supported
General JaCkson. ~ was thus the democratic
paIty, or rather what l. known from that day as
that party, became ldentied with aud shared IN
tb, odlum attached To the new court parry.
" hi. ob ihis sob ect II the judiciary, | may as
Wei menuun that Mir Garrct DAVIS has proposed a
piab Cor tie reorganization OF the judiciary, emDo-
otng the following principles The Court Of
AG,sis tc cunsist IT four Judges, 60 hold their
sli,,s Tor eight years, aud SUBJECT % removal by
impeachment The Governor shall, from among
he .uog,s ct the inieuOr courts aud such persons
a. thah have been Judges thereof, nom nate, and
Hnuiut, the iudgos at ihr Cduu of Appeals. These
ufe he leading i,atutes ui the proposition and you
" l zee that itfescis the elective principle entirely
lie ha'te on that qn- suon will b. fought on this
IttIoslucu.
1heT, can b. no doubt that a large majority ia
the convention are w tsvur OF making not only
abe luUlctar,, but ai uliccrs, as TT a. pUssible
elective D., the people. thereby stripping the exc
cutvt ~ every ,esuge If power snd patronage.
The Wing puilutiaus gud office holders naturally
enough are Nrl much alarmed at thus. aad are al
ready srfkine 20 tsakc capital against the new
Constitution. az ~ secure u puSslhle. its Telec-
ton hs the people To this end they are endra.
voulQ to stcure the adopuuu inIf, OF some anne nd
m'nt which though uaimportant ia itself. viii ex-
CT, M pf'iudices 81 The people, and thereby Sc
cure ihtu ulfCuun 81 tue instrument. Wuh a
p,,l j, to deep rooted IA thCr pfriudices, such a
Coufsc be- well idaiIed 10 attain the result desired
by ~ ougiuatofs. a. an evidence Of the extent
q" Whith thu-t Wgudices eSist, Que has decd Ouig
Co. ttitr tu tlr irtJtuaCiy with wnfch-ihey adhere
o. tI, ttyo tuts ID stem e voting While experience
ln De olHtr Siaiss has a. mJnstrstcd the ballot
jsttu ~ D. DOT eny The mot convenient, but the
tn'- inur .hdfri moct q exercising ilr elective .
tI.i liIst--il0 htlr me liberals in England claim I
Its attuuou as one - their most iunatmrut4l re- T
iufnl tit hcnucksn sdhercs 10 the utrt r0.e
t5 tu n. became le thinks 10 tO Dr. more IN tuly and
Nt' o. ut,I. huI uinte thln All. bccdIse h. lnps-
nI't u. i.uu Dose unctsturs n good Od NirEI1it
coy fi.t'I 'u change Do IO fht ballot. VIII. 10 tVe
nt tfuu.. ...i .u Ir convention. Ur NJ succsssi.ii
I'''. Cd '-'I .ttuf' fre fccrftIn by he pcDI.s
u' ntf'''r 81 ..t L..t constitution tle ingenuity
% n.I .uNn frame ior them
'it I'Ei ..n d. fh.l. idefIu tIe m1vefnen CO.
trp &c. 't.tn... .i l- ftonrHe, and 30 o. with
D. D. POI ,t'. wr3nN matter Foran
fl' -td tta.' o.. iI. ,I.uili luIit., Gov ov-lry /
c' j"'o i',e "i -t lrtt', oft state. then
h.cr 81, MI titrl.u. .o Boz vacant There wssa
bud OIL rI.., ur h.aIrg. Gwen fp h.m oa tae
,i..I.s. .oo.e 'f. ID. Htoi,.. .rd hs d.faueels
.n .T.,sf 500 Ivy e, Uat % Del pu.so,. f1r
WY DUG -H. N. d. ulI-