Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-07-17
AN ELECTIVE JUDICIARY.

The following is the letter Of Senator DICKINSON, OF n
York. which we were requested to publish several weeks
ago. Its earlier publication has been prevented by ccum
stances unnecessary to detail here:
DEAR Sal was duly honored with yours, enquiring
what success has practically attended system OF an cleo
tive Judiciary: but circumstances beyond my control have
prevented an earlier reply. In answering your enquiry,
affords me pleasure to assure you that although many oil
the people of New York atst evidently regarded change
so radical with alarm, and many more with dstrust,
doubt whether single citizen OF that State can now be
found sufficiently anqualed in opinion 10 desire return
from the present free and popular mode OF eecng to that
of appointing, formerly, by the Governor or Senate
have for manv years been actively engaged IN the courts
of New York and have witnessed, somewhat extensively
the practical operation Of both systems aud have no hest
taon in saving that although under former COnsuu-
ton we were highly favored by the selection OF Judges EN-
inenty distinguished for capacity purity and learning the
present SYSTEM though thus tar the Judges have been nom
mated aud elected by political parties each eecng por
ton has abuuany sustained the high character OF our u
dietary for Independence for natural powers mind acquire
ments and integrity. The fear most usually INDUCED by
those who dstrust popular integence-and 1t must be
admitted Of all others the most raOnat, that elective
Judges at the circuit in moments OF high local excitement
may sympathze strongly with the popular feeling
the stern requirements of justice, or to administer wi
unaeng hand the iron rgOr Of the law. The people oil
New York within the last few years. and since their adop
ton of their present constitution, have IN some sections Vi
the State unfortunately had lneT u snare o POpudI eA
citement and yet have, after careful attention and dill
gent enquiry been unable 10 earh Of single instance
where the Of justice has been supposed To
ed detrimen from the delinquency Of the pres @ng Judge
On the contrary, il has been my good fortune ttaye wit
messed repeated trials of cases whore deep a2e genera
feeling would ever have caused the balances tne o'
goddess to vbrae aud declare with grath alton 'hat
express, that under such circumstances nave seer
the Judge at the circuit no better calculated oeSS PoPu
lar impulses than his ellow-men, save III his JGGlca
chsracter breast the strongest popular cpent 'ha' ay
ever witnessed ia Intelligent community ana ho'
the ses OF Justice serny hcdgh Tue ONCE had oee'
Of lie estate and that too in avoro those VINO were COM
paratvey without power, or iuehce or rlenoS; save Tue
friendly fotelon of the a and in the face OF those who
were pass upon his reelection at no distant day. In
short tho popular sysern with US has exceeded the expec
cations Ofits most friends and no one, venture
say will ever propose disturb it long free govern
emf remains to us 1t has removed mountain OF preJudc
from judicial proceedings aud substituted an active sympa
thy between the people and all transactions OF judcla
character 1t has broken up the demoraizing influences
favorsm, which wont to cluster around executive
power and subjected the whole system to the healthy inu
ences and just criticisms Of free public opinion and above
ALL it has transferred the power from the few to the many
and erected judicial Structure upon the broad and dee
foundation of popular intelligence and virtue.
have the honor to be, with high regard your friend,
d. S. DICKINSON.
TuroDopr 0'EIAeA