Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-09-13
WASHINGTON, Feb. IS, 1850.


Dear Sir was duly honored with yours, enqui-
ring what success has practically attended our sys-
tenn of Elective Judiciary, but circumstances be-
yond my control have prevented an earlier reply In
answering your enquiry it affords me 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 single citizen of that State can now be
found sufficiently antiquated in opinion to desire
return from the present free and popular mode of
lectng, to that of appointing, 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 hesitation in
saying that although under our former constitution
we were highly favored by the selection of Judges
emnently distinguished for capacity, purity, and
learning the present system, though thus far the
Judges have been nominated and elected by political
parties-each eecting portion-has abundantly
sustained the high character of Judiciary for in
dependence, for natural powers of mind, acquire
ments, and integrity. The fear most usually indul-
ged by those who distrust popular intelligence, and
it must be admitted of all others the most rational
Is that elective Judges at the circuit in moments of
high local excitement, may sympathZe too strongly
with the popular feeling to meet the stern require
ments of justice or to administer, with untalterng
hand, the iron rigor of the law. The people of New
York within the last few years, and since the adOp
ton of the present constitution, have in some sec
ons of the State unfortunately had their full share
popular excitement and yet have, after careful
attention and dlllgent enquiry, been unable to learn
of q single instance where the cause of justice has
been supposed to have suffered detriment from the
delinquency of the presiding Judge On the contra
ry, 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 more gratif-
cation than can express, that under such crcum-
stances, have the Judge at the circuit, bet
ter calculated to resist popular impulses than his
fellow men, in his judicial character breast the
strongest popular current that have witnessed
in an intelligent community and hold the scales Of
justice sterny though the Office had been life
estate and that too in favor of those whowere COM
paratively without power influence, friends,
save the friendly protection of the law; and in the
face Of those who were to pass upon his reelection
at no distant day In short the popular system with
s has exceeded the expectations of its most sangune
friends and no one, venture to say, will ever pro-
pose to disturb it, SO long free government remains
to US: 1t has removed mountain of preudices from
judicial proceedings and substituted active SYM
pathy between the people and all transactions of a
zing influence of hvoritism, which wont to clus-
ter around executive power and subjected the whole
system to the healthy Influence and just criticism OF
free public opinion and above ALL it has transfer
red the power from the few to the many and erected
judicial structure upon the broad and deep foun
datiOns of popular intelligence and virtue
have the honor to be- with high regard,
Your friend &c,
D. S. DICKINSON.
THEODORE OHIRA Esn