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


perhaps, whose comfort depends on that re-
election think you, sir, he will be able to look
bcvond himself. beyond his family, TO forget
eseryihing but the justice OF the cause! 1hink
YOU, under such circumstances, that poor and
obscure man, without wealth or without nfiu-
ence at his command, would receive that TAR
and impartial Justice which would be meted
out to him under other circumstances! 1t is
asking too much Of poor humanity. Judge.
tesirous of reelection instead Of being the
calm and impartial eXposltor OF the law he
ought to be, neither looking to the right or the
II, like CGsar's wife not only unsupported.
but above all suspicion, will be found trimming
his judicial sails to fall in with that current
which will secure him the poss ession of his
Office. That government, therefore, which
would be either Iust to itself or Just to its cit
Izens, should be careful to remove every temp
datlon that might seduce or destroy.
Surprising the Judge to have risen superior
10 the temptations which assailed him-suppos-
ing him TO have laid down the law fairly and
honestly as he believed il TO be, would that
satisfy the disappointed suitor that the decision
was JUST How readily would he attribute it
to desire on the part Of the Judge to take the
popular side! The personal security of every
citizen in this country, as well as the rights Of
property, ali depend upon the respect and ven
Grafton we have for our courts of Justice. Il
IS that respect which leads US to acquiesce qui-
city and submit tamely to the DEGREES of our
courts; and If 1t were otherwise, the rights of
10 man would be secure Mob law and brute
force would assert their right to reign. Iiwll
therefore be seen that Judge ought not to be
placed under circumstances that will subject
his conduct to suspicion, and tend 10 destroy that
respect aud that regard which should ever ac-
company and follow the decisions OF our courts.
II The Judge Is not re-eligible-if there is held
out to HIM no temptation in the way of pcpu-
iaFlty-when II Is known to him and the COM
mun'tY IN which he presdes, that he can but
serve to the expiration of a single term, then
there ls no lnducement to err, no temptation to
Interfere with the scales of Justice. This, then,
is another objection to the resolution.
third is, the time OF the election. This
resolution provides that the said election shall
take place at the general election of this Com
monweaith." Now II seems to me that if the
people are to eject the judges, they ought not
10 elect them at the time Of the general cleo
ton. But some other time should be fixed,
when there would be less politics feeling to
interfere with the CAIN and impartial selection |
OF Judge. Need | ask you to turn your at |
tentlon to some of our past elections to see |
what political strife and personal bitterness |
have characterized many, il not all Of them |
to bring, for instance, 10 your mind that cam
palgn of 1888, when PENNSYLVANIA was con-
Fulsed from one end to the other with the most
intense excltement-that campaign which had
well nlgh closed in the overthrow Of the gov
ls such an occasion a fit time to
elect Judges Of our courts of Justice Can
they IN the nature Of things prevent them
selves from being mixed up with, and becom-
ing a part and portion of that bitterness and |
that strife which are inseparable from political
Can they be expected to remain
calm, quiet, and elf.poised, when all around
IS tunuit and Excitement We should never
orget that they are but men, and to ask of them
more than can be expected OF Us, is unfair and
Unjust. A Judge elected under such circum-
stances Is placed in most painfully embarrass-
ng situation. All the infractions OF law and
violations Of right that have necessarily oc-
cured during the wild excitement OF a contest
n hrs own district, are TO be tried and adjudi-
,aled before him, and we all know how propi-
-lons such season Is for the disregard of all
justice and all right; for how seldom does the
barbarity of party spirit spare
anything, or stop at anything which may hinder
the accomplishment of it's fondest schemes!
Il requires no further argument 10 show clearly
The great improperly of eecting them at such
a time and under such circumstances.
a fourth objection Is IN relation to the inlus-
LIce done the present judges, by taking from
them their commissions without regard to the
lime of their expiration. When those Judges
received their appointments they took them
under an implied contract on the part Of the
State tiIat they were commissioned for the term
If Ten years; with that understanding, and re-
posing in the faith Of that implied contract,
many of them lef! lucrative practice, some
IF them their homes, 10 enter upon the dis
;harge Of their duties They have been dis
,harging those duties fairly, honestly, and i'm
,artaly; there has not been, nor is there now
ny complaint, or allegation of wrong on their ]
art. Now submit whether to turn them out | l
1ddenly, without notice and without cause, be !
n accordance with that great injunction" Do
lnio Others as you would that others should do
into you - Nor is il in accordance with the
,,aln rules which govern contract between |
nan and man. Take the case Of hreling for
year or a term; the person SO hired has COM ! {
nenced and is prosecuting his labor under the {
crins Of his contract; he IS doing ali he con- s
racted 10 do; he lsdischarging every duty and I
litigation imposed upon him by It's terms he T
: meeting fully the very letter Of the contract, a
yhen he is suddenly Informed that his services b
an be dispensed with, although the period for g
which he has hired has not yet terminated. t
Between man and man, say, this would be j
lear and unmitIgatcd violation Of contract, S
nd would 50 be held by every court Of justice a
u the land; how then can the Commonwealth j
'scape froga THE rule of iaw. J.. d less rg.d a
nle TO be observed with regard 10 her con- =
Tacts! Is less faith and confidence to be re- !
'osed III her than IN ,he humbIest citizen With 9
n her borders! Il may be sad, and it ha been a
aac, that ii those judges are what they ought
o be they would be reelected This does not
ol!ow by any means, and instead Of being an y
answer to the argument. It s mere evasion.
Indeed, it cannot be answered j, lv too plain to
admit Of doubt
The fifth objection Is, the term for which {
lhey sha hold their Offices. II the people are