Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-08-30
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WASHINGTON, FEB. p, 1880.
Dear Sir-I was duly honored with yours, cnluiring what
success has practically attended our system OF IN Elective
Judiciary, but circumstances beyond my control, have pre-
vented an earlier reply. In answering YOUR enquiry, il affords
me pleasure 10 assure You, that although many OF the people
of New York, al first evidently regarded 4 change 81 radical,
with alarm. and many more with distrust, | doubt whether a
single citizen of that State can now bc found sufficiently an
tiquated in opinion, 10 desire a return from the present free
and popular mode vi eccting, 10 that of appointing. as for
merly. BY the Governor and Senate. ! have been for many
years actively engaged in the courts oil New York, and have
witnessed, somewhat extensively, the practical operations of
both systems, and have no hesitation in saying, that although
under our former constitution. we were highly favored by the
selection of Judges eminently distinguished for capacity,
purity and learning, the present system, though mus Tar the
Judges have been nominated and elected ty political parties
each eecting a portion, has a%bundantly sustained the high
character of our judiciary for independence, for natural pow
ors of mind, requirements and integrity. The fear most
usually INDUCED by those who distrust popular intelligence,
and i, must DC admitted of all others the most rational, is,
that elective Judges at the circuit. in moments of high local
excitement, may s%ympathisc too strongly with The popular
feeling, to meet The stern requirements OF Jus tice, or to ad-
minister with un!altering hand, the iron rig0r of the law
The people of New York, within the last few years, and
since the adoption .. the present constitution, have, in
some sections OF the State, unfortunately had their iui
share of popular excitement, and yet, / have, after care
ful attention and dilgcnt enquiry, been unable 10 learn
OF n single instance where the cause OF justice has been
supposed 10 have suffered detriineni from Tie Delinquency
Of the presiding Judge. On the contrary, il has been my
good fortune II witness repeated trials Of causes where n
deep and general feeling would, ii ever, have caused tine bal
ances Of the blind goddess 10 vibrlte. and | declare, with
more qualification than ] can express. that under such cir
cumstances, | have seen the Judge at the circuit, no better
calculated 10 resist popular impulses, than his fellow men,
save IN his Judicial character, breast the strongest popular
current that | have ever witnessed in an intelligent commu-
ni,y, and hold the scales of justice as sternly as though the
office had been n lie 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
the face OF those who were 10 pass upon his reelection
nj no distant day In short, the popular system with Us has
exceeded the expectations of its most sansuiae friends, and
no one, | venture 10 say, will ever propose 10 disturb il, 50
long as free government remains 10 us. Ii has removed a
mountain Of prejudice from judicial proceedings and suhsti-
,uted an active sympathy between the people and all trans
actions of o Judicia! character. 1t has broken up the demo-
raizing influence Of favoriteism, which are wont To clus-
ter around executive power. and subjected the whole system
10 the healthy influence and just criticisms OF a free public
opinion; and, above all, it has transferred the power from The
few I, the many, and erected a judicial structure upon the
broad and deep foundations of popular intelligence and viz
ture.
| have the honor 10 be, with high regard,
Your friend, &c,
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