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

strife and party bitterness. hey aTe nopart
| or portion Of it, and as consequence they are
not its slaves to do its bidding, aud its dirty
worx. Their position is rather neutral than
otherwise. and they are thus fitted to ,udge
calmly and decide impsrtaly. This perhaps
| is not the time to speak OF the present Supreme
/ Court as it deserves to be spoken of. When it
! has been struck down by radicaism and pol
| Iuted with party spirit, the people will be able
TO see and to feel what they have lost may,
however, sir, speak of the head Of that court
| without being regarded as nvidous in any
sense. The present chief justice of the Conn
monwealth uf Pennsy ylvania is a man that the
State and the nation may we'll be proud Of
with an enlarged understanding, powerful,
| vigorous ard discriminating mind, he has shed
lustre upon the bench; and his judicial opln-
| ions Will be read and admired as long as law
and learning are appreciated. Let hls enemies
| be patient he is an old man, and il may soon
! be said of him as it was Of Duncan, "afler
| llfe's ftful fever he sleeps we'll" But when
! you come 10 elect Supreme Judges by party
movement and a party vote, you change the
/ complexion OF affairs; you give that court
party cast, aye, sir, aud you give it party
bearing and party leaning. You bring it into
the mire and filth OF party politics, and it is at
once shorn of tha: regard and that respect
/ which should ever be entertained for it and its
decisions. Make it party bench, as it would
be, and what becomes of the rights of the mi
nor.ty For remember, sir, the constitution
| was not made for the majority alone, it was
made for all; yes, the humblest citizen that
walks ls entitled TO It's provisions lie has a
right to hold 1t up as his shield and Defence
and to claim IFS protection but when the Su-
preme Court, the court of The last resort of this
great State, has become the theatre for party
TO figure in, as it would soon be under an cleo
! tive system. God help minorities; for the court
would become the representative of the muiori-
ty-that majority who placed them in power
But 1t may be said they need not become party
men, they need not be influenced by parties.
Is there man in this House who is rot TO some
xtentinfiuenced by considerations that may fa-
vor the party that elected him-are we not
particularly anxious about the fate of our party
Let any man look at the voting here, and see
how tar party feeling can and does carry men;
and tell me that we are not 10 a considerable
extent its slaves. Why, then will you ask
more of judges than we are willing to do our
selves! They are out flesh and blood, as we
are, subject TO like temptations, and is It fair,
Is 1t right that we should expect, that We should
ask them TO do what zoe cannot do ! Show me
the man who can rise superior TO party spirit
and party influence, especially when he Is q
constituent portion of 1t, as the judges would be
If elected. There lives 10 such man.
To elect a Judge by the people, you place
hun 10 a greater or less extent und or obIiga-
cations to all those who have sustained and
supported him. Every man who has voted for
hum or contributed to his election, supposes that
he has some claims upon him, and when his
cause Is 10 be tried and adludicated before bim,
he viii be led TO expect much favor at his
hands. fou thus place Judge in circumstan-
ces In which he never should be placed; If one
OF the sultors before him for trial has been his
bitter opponent, he goes into tia: court with
little expectation Of receiving Justice at its
hands, and If defeated he goes home, not salts
he'd that the weakness or want of merit in his
cause defeated him, but that it was his opposi-
tIoh TO the Judge that rendered the verdict |
against HIM. However the truth OF the case
might be, this would be the natural conclusion
10 which he would come; and men, under such /
circumstances, instead Of quietly and peacea- !
bly, scquIesclng IN the yerdlcts OF our courts /
would be led to look upon them as the mere
reward OF party, and the time would soon come !.
when decisions and verdicts would be of no .
more value than the paper on which they are /
recorded. Bat suppose another case. Sup /
a L
tain district; suppose the campaign to be /
warmly and fiercely contested on both sides:
|, sir, as n voter IN the district, felt
1t 10 be my incumbent duty TO oppose with
great energy the election of the successful
do al! IN my power TO defeat him.
and iab.r with great warmth and great zeal
for the success Of his opponent; think you sir.
when come into that court with a client, that
am going to receive that consideration which
Is given to the lawyer who was his fast friend1
My client then becomes the victim; IL it is in
a civil case, then he may appeal and take it TO
q higher court; but as the Speaker has we'll
there Is no remedy in criminal
case, there is no appeal; If injustice has been
done him, he must suffer without remedy.
Take still another case. Supposing the candi-
iales tor Judge IN a close district, canvassng
heir district, meeting their fellow citizens at
every point; meeting men who have causes to
ry and those men talking TO them fully and
RELY about the great merits of their cases, and
he injustice that has been done them In
word they are elcctiOneering for the office, (for
. will come to this and it is idle TO deny lt.0
md they must pass through all the parapher-
lalla incident TO the successful politician Is
man under such circumstances, just emerging
rom a fierce political strife with all the feel
HHS 7Hu P'fJuu'Ces iIcsh upon MN, III 10 Dc
udge: fiji 10 administer the law as it should be
administered, without " fear favor or r afiection."
But it has been sa id by the gentleman from
tdams, that the appointing power at present is
he same thing. Not at ALL sir. The Cover
Tor who appoints and the Senate who confirm.
Iever in all probability, come before that Judge
or trial; he will have nothing to do with their
interests or their rights. Mover perhaps en-
BY having before him. the man from
whom he received his office while on the
ther hand it is absolutely certain that many,
f not all the voters in his district Will ut one
me or another be in his court as parties or
Witnesses. Thus the case Is widely different
nd slrikingly distinguished.
Let it not be said, however, that | lack con-
dence in the people--that doubt their capa-