The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-08-06
Avn EIe Give Judiciary.

its correspondents that this American improve
ment is one in which the Democratic party is
entitled to more credit than the Wings. We
have neither time nor inclination for an argu
ment upon proposition that is now undergo
ing trial at the bar Of experiment. Ii we
chose, we could open gen,emen's eyes to the
iniquiiies Of appointments made by the Execu-
tive Department. We could take the judicial
system Of England and prove by the record that,
leaving out the frauds of Chancellor Bacon,
and the murders Of Chief Justice JEFFRIEs, the
Judges OF England have generally construed
the law rather in favor of claims of the crown
than of the rights Of the subject. Nor should
we have 10 do more than to quote from the
State trials 10 prove many Judges alike unjust
and unfeelng in the discharge of their duties.
Those who feel any curiosity upon the subject
can read the trials of Sir WALTER RALEIGH
and of SYDNEY as specimens of the courtesy and
Justice of Judges appointed by an executive and
independent OF every other responsibility. The
delay and expense of justice under the system Of
executive appointment has justified the allegori-
cal illustration Of Bleak House, and occasioned
general admission that, although justice is not
to be bought in En- gland, yet she carries out
the legal maxim of bestowing very little con
Germ upon the interests de mi1.iDlis
But the appointment of Judges has been
generally made III the United States by the
legislative department, and the selections have
been exclusively made from the political par
tisans of the appointing power. They have
been generally good, for either party can fur
nish abundant choice for competent officers;
but the popular elections are less governed by
party obligations, and therefore comparatively
more puresand this results from obvious causes.
The voter chooses man who may sit in judg
ment upon his life or rights. This the legis-
lator or executive rarely is called on to do.
The immemorial advantage of appointment
over election--we have recently seen it urged
with much force against the election reform
laws in the British Parliament-seems to en-
courage the idea that judicial candidate for
popular suffrage will first make the voters
drunk-cater to what are called their "baser
passions"-and thus having by the force Of
strong drink and bribery assembled the wool
sack, he proceeds to strengthen his popularity by
deciding every cause according to the numeri.
cal influence of the parties interested.
Now, common sense teaches the opposite re-
suit, and experience is confirming it. An erro-
neous or corrupt decision will offend more disin-
terested voters than it will gain. The argumen,
ofincompetency will domore injury throughout
judicial circuit than the support conciliated by
fraud will secure. The successful parties to
such decision will do little to aid the Judge
who has obliged them; indeed their active ad-
vocacy will confirm the charge of corruption,
while the parties who have suffered by the de-
cisions, stimulated by rage, will spread every
where exaggerated representations of the injus-
tice. The true means, then, of securnga judicial
reelection would consist in plumming the line
of justice and of precedent. There the incum-
bent is safe. If he steps aside he must expose
himself to danger.
There are also important advantages in
the limitation of the judicial term. Judges,
like other functionaries, should be subject
ed to periodical examination. 1t stimulates
them to work and to dispose rapidly of the
current business of the country. Society is
indifferent whether A or B gain title to
tenement; but it is interested to know which
of the suitors may be relied upon as the owner
of the property it is interested that they
should cease term after term to summon their
neighbors as witnesses and Jurors; it sinterested
that the public tax, nseparable from judicia
delays, should be diminished. In "a word. it is in
every way interested that there should be a
fms Wiu,H--an end of law suits. The expira-
ton of one term thus enables the people to de
termlne how far Judge is physically able to
endure the labors of another for justice should
not only flow as pure as the streams, but
it should flow with the same regularity.
1t is one Of the political, that, like the physi-
cal functions, will tolerate no obstruction. A
claimant who has 10 shave off his Just demands
to secure the means for its prosecution, suffers
as much from the continuance" of dropsical
or superannuated Judge as if decision had
been prevented by judicial absence or pressure
of business. Such things impede the current
of justice, and occasion murmurs from those
whose rights are often brought in conflict with
the mere ability of wealthy antagonist, TO
use the claws delay" as means of enjoy
ing that to which they have no title, or of i'm
posing compromise upon the necessities which
those delays have engendered. But, as CO.
rollary to these views, we quote from the Rich
mond Enquirer the following paragraph:
Judicial CANDlpATEs.--Gcorge II. Gimer,
James M. Whittle, and William nj. Tredway, of
Pttsylvania, William L. Goggin, and Gustavus
g 40.
didates for the judgeship of the circuit made va
cant by the death of the lamented Tallaferro
These gentlemen possess all the requisite qualf-
cations for the bench. Two of them, Messrs
Tredway and Goggln, are ex-members of Con-
nress and two Messrs Whittle and Winn6eld