Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-09-02

nsse Ouicefs are 10 oe CHOSEN LOT lhree years, at
| the
GENERAL ELECTION, AND BY PLuRAITy OF
! VOTES.
This change will save the people much time ard
expense, now incurred by repeated rials at the sea-
son Of the year when it is difficult 10 draw out full
vote, and concentrate public opnion.
- be Judicial power of the CummonN eah is vest
ed IN a Supreme Judicial Court and such other
C0nrisas the Legislature may from time 10 time es.
tablsh. The tenure Of ufire is "tuipe good be
haVlor" The people OF this Commonwealth feel a
just pride in the Judicial department of the Govern
meHt which has generally been administered by Judg.
es OF lea' mug, ability, and integrity. Upon the ques
non OF the Judiciary, the Convention was divided
into three parts
One party was opposed to any action whatever-
| In the opinion Of this class OF men our judicial
system was as perfect as he slot Of humanity would
| permit hese men, embracing much of the legal
talent OF toe Convention, we've opposed changing
| Office
Another party in favor Of an elective Judiciary
| They regarded the lie tenure as violation of our
American ideas OF government-as the aristocraiic
feature OF our popular institutions, and they were in
aV"r oil following the example Of of the Younger
States and the older States that have recently held
Constitutional Conventions by adopting am elective
| Judiciary system with limited tenure Of office.
Another party composed Of men who we're NOT vet
prepared 10 adopt elective Judiciary system or of
men who believed the people we're not vet prepar ed
TO adopt lt-were in favor Of Limitation of the
! term OF Office TO or 10 years. These men mstlv
commended that pending the question of calling the
| Convention beinre the people, the friends of an
elective system did not press the questionable not
discuss il advocate the Convention to secure it
They did not wish 10 perilth amended Constitution
| by the adoption Of measure so radical AS an cleo
| tive Judiciary measure which lis friends had
! declined to discuss before the people pending the
| acceptance of the Convention ac
he judiciary Committee, under the lead Of Gov
| Morton, reported against any action whatever =
| When the resolutions were up for consideration, i
moved 10 amend the Constitution so as TO provide
THAT the Justices of the Supreme Judicial Court
shall be appointed for the tern Of 10 wears, aud the
Justices of such Inferior Courts are. " may be
established by law, for the Of z Years; said
Justices to be eligible 10 reapponment, but in no
case to continue in Office after attaining 20 years OF
! age.
This proposition defeated by vote of lis TO
100, by the opponents Of any action combined with
we .e,l''7 .. an elective Fys'rm' ana the friends OF
% ,r,'"e % years io' justices oil inc Supreme
A few davs after, proposi,ion was made h, M
Knowfon. Of Worcester, Il, Gmit tbe tern, If ol6.
to wears. This proposition after being SO amended
as to limit the time TO ~ years, was adopted by
vole ol zUo TO lao ne amended Constitution
limits the
JUDICIAL TENURE TO 10 YEARS.
of all Judicial uiices otherwise provided for in
the Constitution. This amendment leaves undistn,b
ed the commissions of the Justices now in office and
gives 10 years tenure to future appointments
| This system will secure nearly all that an elective
system would secure. Incompetent or unlaithful
Judges should not, in free government, be imposed
upon the people for life. judge can only be re-
moved by The process of npe achment or of address
remedies that will only be resored to in the most az
gravated cases Under the proposed plan.' Ioouofe
the words OF The Address Of the Convention TO the
People, I'VE have no apprehension bn, that faithful
and competent Judges will be retained in the public
service, while those whose places can be better filed
by other men, will retire to private life without yio
lence or ungracous circumstances, and scarcely with
observation Many friends Of reform desire an
elective Judiciary. Many States have recently
adopted the elective system. If that system shall
stand the test OF time, and II the limited tenure does
r y oli % secured 70 nus
, III; ,,ast; ~ ~ I,i1; ponesru tua'
fa 80 ~ - N'F"0uuse''S
'"0'
be not the hrst ny whom the new is tried,
be not the last TO lay the old aside
The 7lh article of the Sh chapter Of he amended
Constitution declares, thar
TRIAL ,usr,crs
shai' DC eeoieu ny Tue lesa' voters OF me several
towns ana Cues "ne'e at 'ie he OF such election
'tri 1 n no tplee Sou'' esdp'Sneu ny aw' VINO
,n''' ho'u tne' o',ees 'o' tcr"' o. Years. aud
are now exercised by justices If he resce o. s,c
as n,ay her, after he :, tsbli he'd IN a,y Evo,,
,oyn author;7ed az he,ein nroyled Mi 49,, =,
Tra1 Jns,;ce and ~ elnc, me ald;,;orai e. 80
two tbousand inhab;'ans therein accord;na - ~,
now reced,no dece,,naI cens,,s ,,re,.. ~ .ie
that any Trial Justice who shall remove from the
! city or town ia which he was elected shall thereby
vacate his Office
Justices Of the Peace are to he appointed bv the
Governor for the tenn OF Years. to perform certain
duties hut their jurisdiction snail not extend 10 The
hearing or rial of any cause, or the issuing Of any
warrants in criminal cases This system is desiOned
to secure the fervices Of men qualified TO perform
Judicial functionr The people of The several cities
aud towns will he far less liable to he imposed unon
in the selection Of men fitted for The discharoe of
their duties than any Governor would he.
Inc rlgnt o. Suffrage Is sacred nght The exer-
ere OF that right Is sacred duty which should be