Washington telegraph., 1854-02-22
Ehc Proposed Convention to
Amend the Constitution,


by our esteemed contemporary of the ga
zette u Democrat" in the article in his
last issue, upon the proposed convention.
1t is such a spirit as should characterize
public journals in the discussion of ali the
great questions that the march of progress
and improvement may present for investi-
cation and in this, as well as in every
other article we may write upon this sub
ject. We will endeavor to equal the editor
of the Gazette & Democrat" in courtesy
and politeneSs
We are pleased to find that the editor
agrees with us in regard to SO amending
the constitution, as to leave with the peo-
pie the power Of establishing banking insti-
tutions, when in their judgment the estab-
lishment Of such institutions will promote
the public good, and facilitate the Legitimate
operations of business. We agree with
him that the State should not engage in
banking. nor become responsible for bank
ing capital for others.
We regret to differ with the editor of the
Gazette Il Democrat upon matter. in
our opinion. of much more importance the
mode of appointing a Judiciary. We thank
our contemporary for assigning a different
reason for our position on this important
measure, than mere political bias
The editor has correctly stated our first
objection to an elective judiciary: that a
judge had 10 constituency. The only gov
ernmcnt with which We are acquainted,
where the term constituent can be used in
its true aud modern sense, is ours and the
Distinguishing feature of our government is,
that representative is bound to carry out
the views and wishes of those who elect
him. Can a judge have a constituency ac-
cording to this, the only correct interpreta-
tion aid explanation of the term? Is a
judge bound to carry out any particular pol
icy? should be be governed by the opin-
ions of any party? Or even be swayed by
the wishes of the whole people. unless those
wishes have assumed the form Of law, and
are in strict accordance with the immutable
principles of justice and right ?
That the mode of appointing the ju1icia-
ry, which we advocate, viii always prevent
the ermine from being soiled, by the igno-
rant and unprincipled, we will not pretend
to aver But we do assert, that the farther
you remove a judge from the influence Of
popular prejudice, and popular passion
the more independent and dignifed you
make his position,-thc more certain is it
to be filed by men Of enlightened and COM
prehensive minds; by men looking for no
other approval than that of their own con-
sciences, and governed, alone in their de-
cisions by we'll established law, and the i,r-
mutablc principles of moral justice.
To sustain the positions we have taken,
we need only appeal as we have done before,
to the judiciary of the United Statcs.--
When has an ignorant and unprincipled
man ever gained access to that bench or
when has an opinion, delivered by that
learned body, been received by the people
in any other than terms of respect, Difference
and Submission
Our contemporary is as well aware as we
are, that all the elections in this State, par
take of party character. To this we have
no objections when confined to its proper
sphere, but we hope never to see that day
come in Arkansas. when the highest judi
cial officers Of the State, will have to play
the part of a dema gogue. ard bend to the
whims, and pander to the prejudices Of the
populace to secure their positions That such
will be the case, if the constitution is so
amended as to place the election of the su.
preme judges before the people, no enc will
pretend to deny who is at all observant of
the course of events, or at all conversant
with the workings of the human mind AS
long as we have to make judges out of falli-
bic men, just so long should we shield them
from temptation, unless we are ready to ad-
init, that popular opinion in its first wayward
out-burst is always right. and its immature
decisions always just.
By Telegraph,
To tie Catlz0 Ga-efte.l