The North-Carolina standard. [volume] (Raleigh, N.C.) 1834-1850, 1850-09-11
AN ELECTIVE JUDICIARY.


While the discussion upon this subject was going
before the people of this District Mr. Lyons wrote
to friend in the Senate of the United States to OBJ
tain for him the testimony that point of the Sena-
tors from Mississippi and New York, reference to
which States had been made BY Mr. Joynes, as furp-
ishing testimony and authority against an elective
Judiciary. In consequence of the absence of the
gentleman who was addressed from Washington, for
days, he did not receive the letter in time to
ply before the night before last The testimony is
full in favor of the system. Mr. Dickinson, the
Senator from New York, sent as his reply, copy of
o. Hara, Esq, which, at the request of MI. Lyons,
we publish to-day. Richmond Times.
W WASHINGTON, Feb. 25, 1885,
Dear Sir-1 was duly honored with yours, inquir.
ing what success has practically attended our system
OF an Elective judiciary, but circumstances beyond
my control, have prevented earlier reply. In an
swering your inquiry, it affords pleasure to as
sure you, that although many of the people of New
York. at first evidently regarded change so radical,
with alarm, and many more with distrust, doubt
whether a single citizen of that State can now be
found sufficiently antiquated in opinion, to desire a
return from the present free and popular mode of
electing to that Of appointing, as formerly by the
Governor and Senate. l have been for many years
actively engaged In the courts of New York, and
have witnessed, somewhat extensively, the practical
operations of both systems, and have no hesitation
in saying, that although under former constitu-
ton, we were highly favored by the selection of
Judges eminently distinguished for capacity, purity
and learning the present system, though thus far the
Judges have been nominated and elected by political
partes-each electing portion, has abundanty sus-
tained the high character of Judiciary for nde-
Pendence, for natural powers of mind requirements
and integrity. The fear most usually inGulged by
those who distrust popular intelligence. and it must
be admitted of all others the most rationa is, that
elective Judges at the circuit in moments of high
local excitement, may sympathise too strongly with
the popular feeling. to meet the stern requirements of
justice, or to administer with unfaering hand, the
iron rigor of the law. The people of New York,
within the last few years, and since the adoption of
the present constitution have, in some sections of
the State. unfortunately had their full share of popu-
lar excitement and yet, have, after careful attention
and dgent inquiry, been unable to learn Of single
instance where the cause of justice has been sup
posed to have suffered detrment from the delinquen
cy of the presiding Judge. On the contrary, it has
been my good fortune to witness repeated trials of
cAuses where deep and general feeling would, if
ever have caused the balances of the blind goddess
to vibrate, and declare. with qualification than
express, that under such circumstances, have
seen the Judge at the circuit better calculated
resist popular impulses, than his fellow men, save in
his judicial character, breast the strongest popular
currents that have witnessed in an intelligent
community, and hold the scales of justice as sternly
as though the Office had been life estate and that
too, In favour OF those who were comparatively with
out power or influence, friends, the friendly
protection of the law; and the face of those who
were to pass upon his reelection at distant day.
In short, the popular system with has exceede ed
the expectations Of its most sanguine friends. and
one. venture to say, will propose disturb it,
long free government remains to 1t has re-
moved mountain of prejudice from judicial proceed
ings and substituted active sympathy between the
people and all transactions of judicial character.
has broken up the demoralizing influences of favort-
ism, which were wont to cluster around executive
power and subjected the whole system to the heal
thy influences and just criticisms, of free public
opinions aud above all, it has transferred the power
from the few to the many, and erected judicial
structure upon the broad and deep foundations Of
popular intelligence and virtue.
have the honor to be, with high regard,
Your friend. &C.,
d. S. DICKINSON.
THEODORE O'HARA, ESQ.