The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1855-01-18
From the National Intelligencer.
THE JUDICIARY SYSTEM.
pY ALFRED wILLIAMs.

needed than at present. The growing
wealth and importance of our wide-exend-
ell empire. and the many new and inter
esting questions of foreign and domestic
policy which daily arise, must ill the
mind Of patriot with intense anxiety lest
some error forever blasts the glorious pros
poets the future opens TO this nation.
A dangerous spirit of innovation now
prevails among our countrymen. EDhUND
BURxE, the most sagacious of British states
men, once said, at cannot be too often
repeated, line upon line, precept upon pre-
cept, until it comes into the currency Of u
proverb, to iaaopote is not 10 rgornl.' In
no Government is the observance Of this
maxim so important as in Republic; in
none is it so apt to be neglected.
Innovation is the great vice of republics.
because their councils are so often swayed
by inexperience and demagogueism. Dis
satisfaction with the present and longing
after some future, and often merely mag
mary good, characterize men in all coun-
tries and under all circumstances. 1t is
easy, therefore, 10 persuade them that
change will better their condition; and
hence dcmagogues are always devising
plans by which they propose to remedy
tho evils of society. They scorn the les
sons Of experience. 1t matters not how
plainly soever history may show the falla-
cy OF their theories if, by persuading the
people to adopt them. they secure their
own advancement. These aspirants after
popular favor, apparently animated by pa
triotism, but really by tho love Of power
and place, endoavor 10 surpass each other
in zeal for popular rights. They constantly
remind the people that they are the source
of all power, and that all checks upon them
are ignominioas. They discover many Sc
rious defects in the Government and urge
the necessity otr5f5fiiii. They draw invid-
iousdisinciions between thediffercnt class
es OF soriety. thus araying those against
each other whose interest il is TO be united
and harmonious. They evade the laws Of
morality and justice by senscless declama-
tion about ''manJsst desti"y;" or, when it
better suits theirpurposes they have ascru-
pulous regard for the "highe, iGw." They
prate loudly Of 'progrcSs;" but tie only
progress they propose is to throw aside
that which is old and established for that
which is new and untried; seeming 10 think
that the people can only retain their power
by employing it to pull down the ins;itu-
tions established by the wisdom of their
ancestors.
Perhaps these men would be profted by
rejecting upon the following words from
tho illustrious author above quoted. He
says:
"fhc science Of Government being prac-
teal in itself, and intended for practical
purposes. matter which requires expert
cncc, and even moro experience than II
man can gain in his whole life, however
sagacous and observing he may be. it is
with infinite caution that any man ought
10 venture upon pulling down an ediiice
which has answered in any tolcrable de-
gree the common purposes of society. or
on building il up again without models and
patterns Of approved utility before his
eyes"
Statesmen Of this rash innovating school
are now numerous and influential in our
Republic. One of the most dangerous in
noyatons they have proposed Is to short.
en- the term ior which the Federal iulges
shall hold their Offices, and to render them
elective by the people. Never has more
uaeallel for change been proposed. Has
no. t'.e judiciary Department, as now con-
stituted fully answered the end ofiis estab-
lishment? Is tierc now, has there ever
been in The world tribunal more august,
more learned, more assiduous and Impartial
in the discharge of duty than the Supreme
Court Of the United States? Will not It's
reported decisions compare fayorably with
those Of the highest British Courts? Are
tho opinions Of Marshall less learned Than
those Of Mansfield, or the logic of the for
mcr less convincing than that of the lat.
tes?
But, say the advocates Of innovation,
these judges appointed for life do not suf-
ficienliy feel their dependence upon the
people. A dependent judge! What an
absurdity! How can dependence aid them
IN the Interpretation of law by the applica-
ton Of The immutablc principles OF right?
Not to feel any dependence whatever is
their highest qualification iorlhe discharge
OF their duties. Tho views of the found.
ers Of our Government are very lorribly
expressed in No. LXXVIlI, of tho Feder-
alist, in the following terms:
Nothing can contribute SO much to the
frmness and independence OF the Judiciary
asPerNaaeacy in Qgfe, This quality may
therefore be justly regarded as an indis
ponsablc ingredient in its constitution, and
in great measure as the citadel of the pub
lie justice and the public security"
Permancncy in Office, liberal salaries ,an(
the power OF impeachment by tie Hous,
OF Representatives will always secure OF
the bench the highest legal talens and Mt
Ldnmcnts and tho faithful discharge Of du
~, since then by integrity the pure an
exalted rcnown Of just judge may be oh
taincd, aud since the neglect Of duty ca
lead only to ruin and disgrace.
How well The system which it is propos
cd TO exchange for our present one secure
the Independence Of the Judiciary may b
seen in those States whercthe Judges elect
ed by the people for short terms frequcntl
have the tcrrors Of popular indignation
held over them with the avowed purpose a
influencing their decisions. So subtle. nm,
yetso powerful. is the influence Of popula
favor that very few Judges, under sue
circumstances, will exclain, with the no