Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1850-05-29

general views and they have, as think, 1T
! tie of the odour of the radical or the ''de-
magoeue.n know not bow others may
iudge them The reason or motive, which
has engendered such deadly hoslIlItles to
the existing mode Of appointing Judges is
as satisfactory as the change proposed
An abuse of the appointing power ct such
be the fact) is a good ground of complaint
against the Governor and Senae-but none
whatever against the Constitution. We are
not TO argue, from the abuse Of an Inslllu-
ttion. against the institution itself. Such
doctrine would leave nothing of human, or
even divine, institution standing in the
world. Law has its pettlfoggers-medl-
cine and politics their empirics-trade, It's
unfair dealers-and religion its hypoc:tes.
The tares and wheat must grow together.
But however we may deplore or condemn
the mixture of evil, it is no warrant for put
ting in the bosom of indiscrminate destruc-
ton. Persecution has disgraced the pro-
fessors of christianity in most countries and
ages-but it is no argument for ab"lIshIns
the institution. Favoriism (ifit has prompt
ed the appointment Of Judge) is all abuse
of the appointing power and deserves CEN
sure-but is no reason for abolishing the
mode of appointment. The Legislature "
whom only could be safely entrusted, in
the opinion of "OId Charles" the power
Of constitutional amendment) is fully COM
petent to investigate and punish all misde-
meanors in office of the Governor, why was
not this tribunal appealed to for redress
The Senate might have rejected lhe nomi-
| .h,,,., ho ~hI npI
then With this matter have no connex
ion. The question is proposed TO me,
'Have we not political Judges; men who
soil the ermine of justice with the dust and
dirt of politicians :" answer, ! am not
aware Of it-and for the integrity of public
Justice and the honor Of human nature,
trust il is not so. We have had poliiIcians
made Judges and ever shall have; men,
who have retained their political opinions
after they have mounted the bench but
sincerely hope not one, who would suffer
his pollics to direc. or color his judgments,
or incline the even balance of Iuslce to
crafty party bias. Such Judge would
be a monster, justly to be execraed. J
would preserve him from the danger and
the temptation, by not making party con
nexion and popularity hunting the necessa-
ry stepping stones to judicial station. In this
place, repcl the it;ea unfairly imputed 10
me, that the Judge, as a popular candidate,
would be soiled by contac, with the people
the corrupting influence of political
canvass comes not from that quarteI--lt Is
generated by the zeal aud ambition OF the
Candidate and his friends and The mean
f,tro
deemed necessary and proper TO ensure sue
cess Again The Constitution ''under
which we have so long lived and prosper
ed," and which We are warned TO guard a
gainst "any material change" is SAID IN his
first piece ''lo need reform very much."-
An ordinary mind might think the system,
which had, on long trial, given prosperity
to people, could not be SO full of faults;
as ''lo need reform mucho and marvel some
what at such contrarlety OF views OF the
same subject. But genius is often eccen-
trio and delights in paradox or peradven-
ture may discern harmony, where common
eyes can only see contradiction.
"WelI, if the people are capable of self
government, are they not capable Of electing
all their officers TO administer the govern
menl of their own creation" The pos,u-
late may be granted, and yet the conclusion
! be denied it does not necessarily follow.
For proof we need not 60 bey ond our every
! day observation. We see, constantly, pru
dent and sensible men, who govern them
selves and their affairs well, employing the
agency of others IN the conduct of their bu-
siness, where they believe their interest is
promoted by it, Every man is not his own
lawyer, bis own physician, his own tailor,
or bis own boot-maker; and yet the fact
does not invalidate his claim to sell-go-
vernment or control over his own con-
duct and interest The people may, in like
manner employ responsible agent Of their
own choosing, to select their Judges with
ou, derogating from their rights of seli-go-
vernment. The question is not as to the
right of the people, but the question is as
to the eXpedIency or conduciveness 10 their
own interests of exercising this right dl
rectly or intermedial lely-in person or by
an agent. Qui tacit per alum, facitpe Sc.
The appointment, of Judge by Governor,
with the advice and consent of the Senate,
is an exercise of the power of the people
through the medium of selected and respon
sible agents of their own. The people are
the true, though not direct, source of all
the authority Of the Judge. He is the Off
Ger of the people, body corporate and po-
! li,ic, and not the officer Of the Governor and
Senate. This is in perfect consonance with
the genius and character of American gov
ernments, which are not pure democraces
but constitutional republics or representa-
tives and regulated democracies. 1t is this
characteristic, in addition to the checks
and balances created by the distribution of
the mass of delegated powers among seve-
raj coordinate departments, which distn-
guishes our form Of popular government.