Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-07-16
An Elective Judiciary.

An Elective Judiciary.
J Our friends of the National Intelligencer,
Judging from the drift of paragraphs
lately appearing in their journal, are very
much opposed to an elective judiciary.
Though we respect deeply their senti-
nents, one and all, knowing that they
flow from pure and patriotic motives, and
are the result of long experience on their
we'll balanced minds, we must differ from
them upon this question. If, as their
correspondent from Louisiana intimates,
the elective principle has failed to work
yell in his State, the fact stands out an
exception to the general rule. We recol-
lect that it was resorted to there, for the
most part, to get rid of Judge Martins
presence on the bench. Judge NJ, in his
day, had been one of the most erudite
and best jurists in the land. But he had
out-lived his day of usefulness and trust
worthiness in that position. He was, at
the time of the change, if we are IT mis-
taken, stone blind so deaf as to Zee lire
90 be bawled at to make him comprehend
What was said in his presence; and over
eighty years old, withal. Yet, so long as
he could legally sit over court, he in
sisted upon discharglng, or rather attempt
ang to discharge, the functions of the
Office. 1t requires no argument from us
10 prove such judge-we care not what
may be his character, or how pure his in
tentions-unft to adjudicate upon rights
of property or persons. His case is but
an illustration of very common result
of life tenure of judicial positions.
. We are not wide of the mark in stating
that the idea of the better policy of life
tenure of judicial office is well nigh who'll
B-exploded in this country, though the
sduestion of the proper mode of appoint
ment remains an open one. 1t is notori-
BUS that governors ndleglslators, in these
days, in appointing or electing all officers,
are governed almost wholly by political
or other sinister motives. Under these
circumstances, we would rather confide in
= Judge elected by the people of the cir
cult, (who, of course, knew all the aspir-
ants, their qualifications and characters
probably better than any party or parties
residingout ofthe circuit npossiblyknow
them with the duty of electing the officer
who is to hold IN the hollow of his hand
their rights as men and citizens. We
assert without fear of contradiction, that
: no community or State which has aban-
doned the old system of selecting these.
,functionaries, after experience with the
change so far had, is willing to return to
the custom of their fathers in this connec-
ton; and we can truthfully say, that in
the States of Virginia and New York and
Mississippi, with whose Judicial history
we are somewhat familiar, wonder
,fnl change for the better has been the re-
Z suit of placing the choice of their judges
wholly and directly in the hands of the
, people. ....-......
: Our Judiciary system must progress
Z with the progress of the age. 1t is bad
policy for those who of right are entitled
in great measure to shape the particular
character of that progress, to so cling to
the notions of by-gone days, as to pre-
vent them from being able to guide and
direct the popular mind in the most i'm
portant and difficult work of selecting
the best possible judicial officers. We
believe the Judiciary of the country to be
sadly under-paid in all its branches
grieyous mistake, indeed. Almost any
lawyer, who is qualified to make a good
Judge, is able to earn, in the practlce
of his profession, twice the usual COM
pensation Of our judges, State and na'
tional.