New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-02-28
MONDAY MORNING, FEBRUARY %, 1853
ELECTION OF JUDGES.

We have hoped that the election of Judge
would be permitted to pass without appeals t
partisan feeling. We still indulge the hope tina
such viii be measurably the case; and we con
fdently anticipate that the good sense of tn
people viii revolt at any attempt, direct or in
direct, to prefer the politicians claims wher
they should only look for the high qualification
of the jurist.
On this presumption is based the whole theory
Of an Elective Judiciary that the people will
divest themselves of mere partisan feeling to
select as judges men learned in the law and Of
character so clear before all men as to make
them safe depositaries of the rights of life, lib.
erty, honor and property. If this presumption
be false, if the partisan, as such, is to have spe
cial claims upon popular favor, if men are ex.
pected to pass through the heat, and din, ant
dust of violent party contests, to the elevation
of the judicial bench, the whole theory of al
elective Judiciary is incorrect, and we will be
ready to make public confession of our regret
that VIC ever advocated the system.
We did so in a full republican faith in the in
telligence and good sense of the people, and that
faith we are not prepared to abandon. We shall
only realize its falsity upon clear and positive
demonstration of facts. All the interests and
all the rights of individuals, and of society at
large, lie in the hands of the Judiciary, and
therefore, it should be composed of men Of heart
and mind, of morals and intelligence men of
frmness and dignity of character; men above
suspicion and beyond the seeming of just re-
proach men who can walk upon the path of
duty with as proud a dignity of bearing as ever
Levite showed in walking stately by the Ark
Of the Covenant.
If the Judges are to be elected upon political
grounds, they will, unless averse or Indifferent
to reelection, look to such grounds for that re-
election We do not say that they will be avowed
partisans upon the bench but we do say, that
men, and possessing the feelings, prejudices and
sympathies of men, they will unayoidably find
the current Of their opinions colored by Them
as naturally as the Mississippi takes its hue
from the soil over which it courses.
Entertaining. these views, we cannot but re-
greet the course of respected contemporary,
the leading organ of the democratic party of
Louisiana. 1t seems to us disposed, if not de-
termined. to make the candidacy of Messrs
Roselius and Slidell party issue. We really
cannot see what partisan issues are involved in
the selection of Chief Justice. Weknow how
urgent were the solicitations, coming chiefly
from prominent democrats, which induced Mr.,
Roselius to permit his name to go before the
people. We know he peremptorily declared
that he would not, under any circumstances,
continue candidate, if the selection of Chief
Justice was, in any manner, to be made party
We Epn ba bou c+ao1i1xy ,anf,ycn1
to spend one dollar, even so much as to pay for
an advertised announcement, in the election
The Delta very justly says:
"we were pleased some time ago, to observe that
Of most eminent and highly esteemed lawyersthan
whom in political matters there stauneher partisan
unwilling to accept of party nomination for Thief
Justice We refer to Christian Roselius, gentleman
whom the preferences of the Bar and the people have long
indicated admirably qualified for the highest judi
cia station The general approval of Mr. Roseus course
by gentlemen Of all parties renders his case good one
with which to start in this State the principle Of the cleo
ton of judges for their intellectual and moral rather than
for their partisan qualifications"
We believe the remarks of the Delta are true
echo Of popular opinion and sentiment Mr..
Roselius bears himself as a gentleman of his
acknowledged position and ability should-with
quiet dignity and unfeyerish anticipations. If
the people deem another worthier than he, he is
prepared to acquiesce in the verdict, and, in the
meantime, he does not seek by eleetioneering
arts to win post Of honor
A self-made man, he holds position at the Bar
of Louisiana with the foremost. In purity Of
character he is unimpeaehed and unimpeachable,
There is not rational being in Louisiana who
would suspect him Of mean, unconscientious
or immoral act. There is not lawyer at the
Bar who does not regard his clear, learned, COM
mon sense views as conclusive Of the merits of a
case. There is not Judge upon the Bench who
does not concede his perfect honesty and respect
his nice and extensive legal knowledge As a
man, civilian and jurist he commands gen.
eral confidence and respect, and would do honor
and give additional authority to the Supreme
Bench.
Ofhis distinguished competitor, Judge slidell,
we have already spoken in terms which we could
not if we would, qualify. lie is an ornament
to the Supreme Bench, and, after Christian
Roselius, we know of none whom we should be
more pleased to see placed in the seat of the
Chief Justice Of Louisiana. In private life, we
deem him without reproaeh; and upon the Bench
learned, diligent and honest. If elected, he
would do no discredit to the popular choice
But it is with no disrespect we rank him as in
ferior to Christian Roseius as jurist, and it is
as an honest friend of the Elective Judiciary
that we claim that both gentlemen shall stand
upon their merits, and protest against all parti-
san appeals, be they direct or indirect
The mail failed yesterday from beyond Charleston OF
course it did. few papers of great antiquity came
through, however, from New York.
=---=====-s===-s
As will be seen, we make up considerable amount Of
Teegraphe matter from the papers yesterday morning
Mr. A. X. Mclean, purser OF the steamship Pampero
has our thanks for his attentions
We acknowledge our indebtedness to Mr. Thomas NJ