Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1853-08-03
An Elective Judiciary q poor
Guaranty fer Personal Security
and Private Property.

have the name of being. We meant no
to say word against the election of taa
masters by the people, for we are a:
sound on that score as your own dear
self. Legislation is bad enough, Coo
knows, but we think not of remedyine
it, except by aid of the ballot box
Legislation, or law making, is branch
of Government intended to confer equa
benefits on all, but is not intended t.
benefit any particular individual or class
OF individuals to the injury Of the rest
On the contrary, the judicial department
OF government operates almost exclu-
sively, between individuals, or persons
having difficulties for adjustment.
Personal security and private proper
ty rest entirely upon the wisdom and in
tegrity of our courts but it cannot be
said that personal security and private
property rest entirely upon the wisdom
and integrity of our Legistures. The
two powers are totally different, and in
many respects antagonistic. The origi-
nal intent of the fathers of our govern
eminent, was to have the judiciary in
dependent, both Of governmet and peo-
pie, except and alone that government
reserve the right to try and remove for
improper conduct. This was the con-
sentative department, and during the
greater part of century, its wisdom,
integrity and dignity were honored and
respected by all, but never once ques-
toned. The wisdom of the manner Of
creating such judiciary was also admired
and approved. The United States Su-
preme and District courts are still made
after the same manner.
But this chief corner stone Of the ma
tlonal edifice was at length attacked first
III Mississippi we believe. l'he attack
was made by sap heads, as we prove
from the Richmond .lal, an ancient
Democratic journal, published in Vir-
glnia, state that only two years ago a.
dopted the new Judiciary system:
GA friend in Louisiana remarks in a
"late letter, i an sorry to say an cleo
Give judiciary works badly It would
contradict reason and experience both
'sif it worked otherwise. History
'teaehes the fallacy of this new notion,
''but her lessons are thrown away upon
"those who only obey a passion for
change, no matter what, and progress
ono matter whittier. Until Tie late con-
"yention the effort to introduce it had
tbeen resisted by the conservative tenn
per OF our people, but the progressive
downward spirit having gained the as
tendency, it was thought BY many that
''matters could not be made worse BIZ
'the change. Most of The old Judges
"being men Of fine ability and great per-
"sonal worth, were elected, because par
"ty politics was, in a great measure.
"banlshed from the contest. At our
judiciary elections since, new men
shave offered, and by appeals to party,
stamping and the ordinary arts Of E.
"lectioneering, and have been elected
"NVe have known the decisions and le-
gal opinions of the elder Judges attack
'ed with wanton bitterness, by stump
candidates; and with shame, we ac
knowledge that such attacks had their
usual effects. The indecent haraneues
"lnade at the recent elections, to supply
"a vacancy in Botetourt circuit, is but a
beginning of what may be ex pected."
Now we come to our own state for
illustrations. We dare not enter our
own circuit noU, for fear of treading on
somebody's corns, and causing blub-
Der in the corner. A couple of years
ago, there was spirited judicial cleo
ton in the I'd (Milwaukee) circuit
Hubbell and Finch were the opposing
candidates. The canvass was rather
ram-itieal than political and the pri-
vate character Of each was set up as a
target, for the friends Of the opposite 10
fire at. Hubbell was elected because
he was the digger devil" of the two.
His enemies, made during the canvas,
have been relentless, and ever since,
there has been war. The meanness
of the belligerants has been unexagger-
ably hideous-their behavior shameful
caricature upon the link b,tween man
and beast. People throughout the state
have been annoyed to fiery Indignation
at the results. Some Of the Bar mem
bers never ceased to treasure up wrath
against Hnbbell. They watched his
acts, and saw niger in all he did but
Hubbell was only the more quiet about
his tricks.
At length his prosecutors found plen-
ty Of material, as most think, to prefer
articles Of impeachment against his Hon
or; and accordingly, he was hauled be-
fore the Legislature for trial on sundry
Of the meanest charges ever preferred a.
gainst any white man. His conviction
failed through law bubbles, and he was
cleared, only because one or two Of the
twenty-four. Senators voted for him that
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