Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1850-04-05

| winch VIII undertake 10 show II Is, and will
| entail upon the people all the evil results ap-
| prehend 1t will. they must bear it for five long
! years, for they have no remedy left to improve
or reform it. But if you adopt the amendment
of the gentleman from Northampton 10 submit
/ the simple proposition to the people--wil you
elect your Judges and leave the details 10 a
subsequent Legislature, the difficulties | see
can readily be obviated. Again, the constitu-
ton in Article Tenth says: "that il more than
| one amendment be submitted they shall be
submitted in such manner and form, that the
people may vote for or against each amerd-
ment separately and distinctly" Thus it will
be seen that each proposition is 10 be submitted
to the people go that they can vote thereon
distinctly, and in this respect tie amendment
of the gentleman from northampton is within
the letter and the meaning of the constitution,
while the original resolution is directly in lts
face. There is not only one, but several pro-
positions embraced in the resolution. and so
embraced that you must vote for all or none of
them, or in other words, tba. you can vote on
each separately and distinctly.
know it is contended on the other side that
the resolution forms but one proposition, but
| this apprehend is clear mistake. The first
! proposition in the resolution s, will the people
elect the judges; the next proposition is the
/ time when you will elect them then the term
! for which You will elect them and how shall
| you elect the Supreme judges, either by dis
! frIcts or the State at large; will you turn out
all the present judges without regard TO the ex-
plratIon OF their commissions shall the Judges
go elected be e.eligble; shall all the power
over the Judiciary be vested in the Legislative
department OF the government; and shall the
Executive become the mere headsman TO do its
bidding. ALI these propositions, il seems to
me, are embraced in the resolution and are so
inseParably connected, one with another, that
you must vote for all or none. | might with
great propriety say that the gentlemen who sd-
rocate the passage of this resolution without
amendment are opposed to this reform that
they fear If the simple proposition be submitted
to the people, they would vote for it, whereas
their good sense would lead them to reject the
present resolution on account of IFS obiectioDa-
bic features and its impracticable details. And
now will proceed to state with great brevity.
whatI conceive to be the prominent objections
to the resolution. First, in regard to the pow
er OF the Legislature over the Judiciary. The
resolution goes on TO say, the president Judges
OF the several courts OF common pleas and such
other courts of record as are or shall be estab-
lished by law. and all the judges required to be
learned in the law, shall hold their offices for
the term of ten years if they shall so long be-
have themselves we'll. The associate Judges
OF the courts of common pleas shall hold their
offices for the term of five years If they shall so
long behave themselves well; ell Of whom
shall be commissioned by the Governor, but
for any reasonable cause. which shall not be
sufficient ground tor impeachment, the Cover
nor shalt remove any OF them on the address of
two-thirds of each branch of the Legislature.
1t will be observed here, the word shaiP" is
power. no authority; but vesting it all in the
Legislature. Our government cannot be said
TO be pure democracy, but what is more pro-
perly called representative democracy, where
the people have agreed to part with certain
portion OF their power, and TO place 1t in three
coordinate branches of government. They
nave parted with II on condition that il should
be SO placed, and that neither branch should in
terfere with, or usurp the power of the other.
Sir. 1t viii be seen. that if the doctrine of this
resolution be established, the power of the Ex-
ecutive, so far as regards the Judiciary is erone
he is peremptorily directed to carry out and ex-
ecute the will of the Legislature, TO do its bid.
Ding and become mere axe-man in its hands.
Thus the Judiciary becomes entirely dependent
upon the Legislative branch. perhaps the meet
unsafe depository of power in this government.
What Sir, are the people of PENNSYLVANIA
prepared to vest all power in the Legislature
Are they prepared to destroy that nicely-ad-
Justed system OF balances and checks under
which this country has prospered, and under
which all their rights have been secured!
What would be thought of proposition 10
compel the Executive 10 sign every bill the
Legislature might see fit to pass without re-
gard 10 It's justice or Its constitutionalitv! and
such 10 be the case, what would be-
come of the rights of the people, in what would
consist their security how often have mea-
sures been carried through this House, in mo-
ments of the highest excitement under the
spur and whip of party measures that struck al
the Constitution. and which if not arrested By
the conservative arm of the Executive might
have subverted the rights of the people. And
yet the proposition contained in this resolution
Is nothing less than this, but to all intents and
purposes, so far as regards the Judiciary the
Legislature have the whole and sole control.
| his then, 1t seems to me, is an insuperabe OBJ.
l7ctlon to the resolution and would constrain
me to vote against it, even were | strongly in
favor of the elective principle
The next objection to the resolution, is the
re- eligibility of the judges. If the judges are
to be elected, let them be placed IN circum-
stances under which they would have no temp.
tatlon to err-no temptation to do what is
wrong. | know the gentleman from Adams,
(Mr. SMysER,) has told US that if man ia hon.
est and upright he will discharge his duty re-
gardless of consequences. This Is fine theo.
ry, beautiful morality. but unfortunately it is
seldom illustrated. have as high an opinion
Of mankind az the gentleman from Adams:
but when | see all the penal enactments that
cover our statute books-all the bolts and bars.
Nil the jails and peniientiaries that cover this
land, begin to think that man is weak-tha,
ne needs sateguards-and begin To see the
great propriety Of that inimitable prayer "lead
Us not into temptation" See to what tempta-
tions you subject judge. Suppose him to be
far and honest man, in the ordinary sense
Of the term, and anxious TO do what il rioh,
He Is presiding as Judge with two parties be-