Washington telegraph., 1854-02-08
The Proposed Convention.

I The editor OF the "tazoite Democrat
with his usual zeal aud ability. is urging
upon the people Of this State, through the
columns Of his paper. The necessity Of
Convention 10 remodel The Constitution
Although W agree with our contemporary
in the propfiety Of convention, we afo
opposed 10 some Of the changes which he
wishes that body to mako
The constitution Of this State originally
defective, has been pitched v with 50
many amendments, IN it yias lost its
fundamental form. and 6nis a mass of
ineOnsidenle lcgislatl9 \ constitution.
in our humble opinion. shonld consist Of
as few as possible fundamental principles,
aud leave to legislation to aeel the tempo,
rary aud changing wants Of lhc people for
whose government Il Is intended As an
Illustrations constitution Of this State
prohibits the eharlering Of any banking
institution, no matter how guarded or re.
tFieiel.-a question that in our opinion.
should be LEFT to the discretion Of tie l.egis.
lairc fat It is evident 10 unr mind that
no bank would ever b created by that
loly, il il preilci Al all by pa.i experience,
until its necessity was demonstrated by tho
progressive development Of onr agriculla.
raj, commercial. and manufacturing iuier.
esis, aud when that period shall arrive
(which ne hopa is no, far dislanil we would
dislike 70 sec the energy aud enterprise Of
our people ieliered by the fundamental law.
One gf tue changes urged aud deemed
necessary by tho eGazaile { Democrat . is
the election Of the Supreme Judges by the
people Nov we entertain as much respect
for the intelligence Of the people, rs the ed.
itaf Of tie "Gasetle 4 Democrat docs. bu,
yet we are unwilling to commit to their
haHls tie election of tn judiciary Las
Judge Of the Supreme Court eonsiih.
cney to whom be Is responsible Tor bis opin.
ionsl lie can neither make lnw nor en-.
iorse one-to tho Legislature is committed
Tie one, and II the Executive II tie Safe
the other Tie judge simply decides What
The law i. aud with tie people, ihe legiti.
mate source ef all power. remains the priv.
ilege Of npealing any law that may prove
injurious or Objectionable. Tha judiciary.
in our opinion should be placed as far above
temptation aud dependence. as possible
We have always regarded the constitution
Of the United States as the work of wise
heads and pure aud patriotic hearts, and
the result Of It's operations. have been the
peace, the prosperity and the greatness Of
the people for whose government il was
formed and there is not a more distinctive
or better guarded principle in that inslru.
meni than the Independence Of the iuaicin
ry,-no, only from the encroaehmcn;s of
the other branches of the government bu;
from the influence Of popular prejaiicc and
passion.
Il was but a short time since, that one
Of the leading papers Of this State, in an.
nomcing the name Of a gentleman as a can.
dida,e for Judge, enumerated amongst his
many other claim. to the Office. that he was.
nndnlways hnd been n reliable democrat. Not
doubling that geutlcman's ability to gil that,
or any other oilico 10 which lie may aspire,
we cannot possibly conceive what connec.
ton a mans political opinions can have with
his qualifications aud efficiency as judge.
Party feeling will have It's weight ard in.
iluonce In all elections. aud men are often
elevated to official station more on &C.
count q their being reliable Partizans, than
for their ability TO discharge the duties re.
quircd Of them. But, as our contemporary
has promised in his next Issue, to institute a
comparison between the judiciary of some Of
the States, where they are now elected by the
people, and Of those same States when differ.
emily appointed, We will await bis promised
dissertation, and see il he can remove the oh.
jeciions already stated, as well as the many
more that might be urged against an clec.
tive Judiciary.