New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-02-10
THURSDAY MORNING, FEB'Y 10, 1855
THE ELECTION OF JUDGES.

We have felt compelled to economic time and
space by refraining from making notices of the
announcements of candidates for judicial posi-
ton. They multiply in the sunny prospect of
comfortable and dignifed office like flies in.the
summers sunshine. For every office there are
candidates more numerous than Falstaff's
"men in buckram' We never knew so many
sufferers from the fever Of ambition
We should not be surprised if every one Ii
censed to practice law should announce himself
as a candidate for some judicial position, the
advertisement being an excellent "puff appl-
cation for business. We particularly recon-
mend to all unemployed young lawyers to take
care to secure the fame offered by SO convenient
An opportunity. Those who have unproftably
wasted the better portion of life in careless and
feeless attorneyship. will appreciate the eppor-
tunity without any hint from us.
We know well that thus far, the candidates
announced are generally competent and deserv-
ing. but, in point of capacity and legal learning,
not without exceptions. We apply our remarks
to none, and may state that they have suggested
to ms by glancing at the advertising columns of
the city and country press.
1t is manifest that many at the bar anticipate
that an election of Judges must be scrub-race
in which, as in a lottery, the undeserving stand
rs fair chance Of success as the deserving If
they be correct, we should certainly be disposed
70 discresit the theoretical principles which we
have, under deliberate conviction of truth, here
tofore believed in and urged in the premises
The theory of an elective judiciary is simply,
that the people will be more discriminative and
ts,1A IL. n
the power of appointing, that the latter is
too liable to be swayed by feelings of favor
prejudice or interest. If this be not correct we
should dismiss all our strong predictions in
favor of an elective Judiciary, and advocate a
return to the old system of Executive appoint
ment.
II voters permit themselves to be controlled by
personal feeling or swayed by personal appeals,
Al the electioneerer and not the sound iurist is
to secure popular favor, we must say that the
establishment of the system of an elective judi
ciary was grand mistake and is positive pub
Lie evil.
Many of the announcements of candidacy show
an electioneering tone, underlying their word |
ing We must say frankly that the use of such |
words as " yox Popuh," Many Friends" etc.
is in bad taste, and is suspciously suggestive of
a disposition to electioneer We fully appreciate
the necessity of an announcement particularly
in our columns,) but we cannot see the proprie-
ty OF appeals to popular feeling, sympathies and
preJudlces, where the matter Of legal learning
ana judicial capacity is the only question which
should, properly, be considered or presented
Another point in the election of judges claims
and commands our sincere regret 1t is within
our knowledge that imprudent friends of some
OF the candidates have urged them as wing or
democratic. This is entirely wrong We
require "men learned in the law" as judges,
and We need neither whig nor democratic senti-
ment upon the Bench. Such plea is one Of
mere prejudice-petty, partisan, bigoted preju-
dice. If politics. are to rule our judiciary, |
law may well be as silent as in a civil war and |
property of all kinds be considered as insecure |
as when, in England, the question was Cavalier
or Roundhead We should look, with an eye |
single, to capacity and integrity.
The selection of q judiciary involves life
honor, and the right of property, and is the
most serious responsibility which can be de-
volved upon the voter.
The election of judges is the severest test Of
the capacity of the public for self-goyernment
and the most certain yeritication of the intelli-
gence of the mass. If it be made a matter Of
mere personal or partisan prejudice, if the cour-
teous Harlequin be preferred to the learned and
retiring jurist, if the noisy partisan md favor
where the learned in the law and the unobtru-
nve IN society finds none, the theory of an cleo
tive Judiciary is falsehood and its realization
Practical discredit and disgrace to freemen.