Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-08-24
Az ELECTIVE JUDICIARY.

,yho,,vcr ,pinior,s may be held about the policy
-, -, elective judiciary in the State governments
,horo c,n be no doubt entertained ns to the nprn.
,ri.tv Of making the United States judges elective by
,bc people of The respective States and territories
The occasion taken for agiating the subject at the
nr.sunt time, is itself the best evidence Of the bad
policy of tukin5 such Il course The New York
Times, we beiirve, may claim the doubtful honor o
first having started the ball. That paper WINS urged
to the position by the recent decision ui Judge kunc
in the l'assmore Williamson casC-a decision alike
warranted by common justice and by the constu
ton OF the country. This decision hos so aroused
the spirit the editor Of that paper that he brenkr
out i'll terrible anathema Judiciary which is moi
amenable to the popular will, but may Overrule and
control its decisions. This thinks the Times s ali
unreasonable, unwarrantabe assumption, and the
sooner the evil is rencdicd the better. In other
words, for the guise is too limsy 10 conceal the
character OF the present attack upon the Judiciary
- VIC can't get our judges under our present sys'
ten 10 violate their oa,hs in obedience to the mad
behestS of the popular cry oi abolition and anti
slavtryisn, we must arrange matters, rs that
hereafter me shall selcc, judges who will
fountains of public justice and right we have move;
Witnessed or even heard OF. And if the present al
tempt to make the United States Judiciary the crca'
ton Of popular voice, controlled by reesui presses
shall succeed we shall lose all fuh i'll the stability or
pcrmanence of our liberties as people 1t would b"
uuwise, when making the attempt 10 cut h!oot from
the moorngs which havcso long and 50 firmly secured
US in our rights, not TO cast about lis 10 sec what adj
vantages arc contemplated by such change. lh'
judiciary Of the Union, we believe, have always nai'
,aned high position for their integrity and ability
Some of them have been placed i'll positions OF r'a
and have come out from the furnace but the purcr
and the more respected for their high talents ana nh
blrnishcd unspotted virtue. Not to ctc less ren"r'
kabe instances tho case of Marshall, the pride and
boast of Virginia judges, will well Illustrate the Wis
dom of the policy OF our present law III contrast with
the change which is suggested by the seer Of the
Times The noble tribute paid to that cnlner judse
in the convention Of 1880, but the echo OF pabic
sentiment throughout The State and the Union. al
gard sir" said the speaker, Gen. BrodnaX of DlI
wiidie 81 regard this tria! ot the brightest
spots in the history "t the liberties "f man. This is
the kind OF Judges we wantone who dnrcs inter
pose the shield of the laws between in;uraic GOV
ernmcut and the humbi,st individual II is to re-
verse this rulc-to make the judge the min!on of tht
popular cry, the mere instrument OF popular ndlgna
ton o. mob folly, that The Times desires the change
has proposed. What a government would be worth
the rights of whose citizens should be- committed tt
such judiciary, it would be hard to estimate Tha
it would be totally value"ss is, sc believe, the "l'ln
| ion of all wise, retlr,.tins men.
For ourselves, wiki such judges to espoHsc the Jaw
and I" 81, in judgment upon rights, ur 10 deprive
us oi our property, would not give pinch Of snuff
for the constitution Ill" Union. w iiad best 81,
up for ourselves 10 guard property and liberties b.
the strength Of r-ht arms. 10 Tia; complexion
must !, come" il the wise suggestion Of the Time
DC needed and carried out to their legitimate extent