Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-06-10
Important Letter.

When we first broached the subject of an E.
lectve Judiciary, we were aware that it would
meet with violent opposition, yet we believed
that when the people came to view the subject
in its proper light, that opposition would melt a
way. We knew that the powerful evidence of
great names and the experience of years in
States where the system had been tried. could he
adduced in lis favor. In addition TO what has
already been given in print, we now add that Of
the Hon. D. S. DICKINSON. U. S. Senator from
New York. The name of this gentleman has
been for some weeks associated with those Of
Clay Cass and Webster in their efforts 10 effect
an adjustment of the Southern questionable O.
pinions are appealed TO, and justly, in behalf Of
the Union-and if deserving of attention and re-
spect in that regard, surely no ore will deny that
the opinions OF so distinguished a statesman are
not entitled to respect and confidence on another
says, Gen. FooFE is not Hcampetent Witness"
we presume the evidence Of Senator DICKINSON
can be relied on. The letter was addressed to
Maj O'HARA, OF Kentucky, during the time the
Elective Judiciary question was being discussed
in that State, and was published in the Kentucky
Woman, from which paper we extract it. We
hope the letter may be copied by every paper i'll
Virginia.
WASHINGTON, Feb 25, 1850.
DEAR Sin IL was duly honored with yours
enquiriug what success has practically attended
our system Of an elective judiciary but ciscum-
stances beyond my control have prevented an
earlier reply. In answering your enquiry: 1t
affords me pleasure to assure you that although
many of the people of New York at FIRST, evil
IDENTIFY regarded change, so radical, with alaTm
and many more with dstrust, doubt whether
single citizen of that State, can now be found
sufficiently Anticipated in opinion TO desire re-
turn from the present free and popular mode of
electng, to that of appointing, as formerly, by
the Governor or Senate. / have for many
years been actively engaged in the Courts of
New York and have witnessed, somewhat ex-
tensvely the practical operations of both sys-
TENS and have no hesitation in saying, that
although under our former constitution we were
highly favored by the selection of Judges enl
inently distinguished for capacity: purity & learn
ing, the present system, thro' thus far the judges
have been nominated and elected by political
parties each electdng portion, has abundantly
sustained the high character of our Judiciary for
independence, for natural powers of mind, ac-
quiremeuts and integrity. The fear most usual
~ INDUCED by those who dstrust popular intel
lispnce, and it must be admitted Of all others
the most RATIONAL u.s. that elective Judges at the
circuit, in mcraents of high local excitement
may sympathize too strongly with the popular
feeling 10 meet the stern requirements OF justice;
or to administer with unfaltering hand the iron
rigor of the law. The people OF New York
within the last few years and since their sdop
ton of the present constitution, have in some
sections ofthe State unfortunately had their full
share Of popular excitement; and yet have,
after careful attention and diligent enquiry,
been unable to learn Of single Instance where
the cause of justice has been supposed 10 have
suffered detriment from !he delinquency of the
presiding Judge. On the contrary it has been
my good fortuneto have witnessed repeated trials
of eases where dee p s. general feeling would.
if ever, have caused the balances of the blind
goddess to vibrate, and | declare with more
qualification than car express, that under such
circumstances have seen the Judge at the cir
cult, no better calculated to resist popular i'm
pulses than his fellow men, save i'll his judi
cial character, breast the strongest popular
rents that have ever witnessed in intelli-
gent community, and hold the scales of Justice
as sternly as though the office had been a life
estate; and that too, in favor of those who were
comparatively without power. or influence, or
friends, save the friendly protection of the law,
and in tke face OF those who were to pass up
on his reelection at no distant day, In short,
the popular system with us has exceeded the ex-
pectatons of its most sanguine friends :; and no
one, | venture to say, will ever propose to dis
turb it SO long as free governmentremainsto US.
1t has removed mountain of prejudice from
ju.ticial proceedings, and substituted all active
sympathy between the people and all transact
tons of judicial character. 1t has broken up the
Il s,,G, of
are wont to cluster around executive power, and
subjected the whole system to The healthy in
huences and just criticisms of free public O.
pnion and, above all, it has transferred the
power from the few to the many, and erected a
judicial structure upon the broad and deep
foundation of popular intelligence and virtue.
have the honor to be with high regard, your
friend, d. S. DICKINSON.
THEODORE O1ixRA.