Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-03-24
COMMUNICATIONS.

while Iages the contest for men, as
we'll as for measures, and while the DO.
litical sea is keptin state of continual
agitation by the discordant elements of
factional and fanatical partizans, all aim.
ing for that which leads to power-it is
but with strong effort of the mind, that
men can withdraw that attention so alb
sorbed, and devote it to matters which
we all know and feel to be of the most
vital Importance to our welfare. Yet,
Notwithstanding these stumbling blocks
to onr own interests, let US employ few
moments to a subject that effects all of
US, even the most humble, and comes
home to our own fresidcs.
To maintain the purity of the judi>
ciary in our country is the first duty of
all good citizens; for upon this founda-
ton rests our three great inalienable
rights of life, liberty and the pursuit of
happiness. Our courts are the last civil
resort ofthe people, and they are taught
from their infancy, that the judi ciary is
the palladium Of our liberties and instl>
tutions hence their ready obedience 10
their mandates and judgments, and their
proverbial willingness to abide their de-
cisIons, even though their conflicting
variance passeth all common understands
ing.
In what manner, we, the people, can
effect this subject, may not, at first, ap-
pear so palpable, still, in a -reat measure,
we have it in our own hands. Our iu-
dicial officers, We elect, by virtue of our
constitution then we should first divest
the judiciary of the political cloak,
sought to be fastened upon it, and en-
deavor to envelope it in the mantle of
purity.
In the grand division of the powers of
our government the judicial holds the
highest and most prominent place, and
although it is derivatively political, still
1t is not to be so considered in the now>
a-days accePtation of that term; for the
commingling of that which we are all
led to regard as the pure spring Of JUS
tice, with the turbulent waters of high
partisan strife, at once contaminates the
whole, and we shun it as we would a
pestlence. On the other hand, if it is
kept within its proper sphere, by close
adherence TO the principles and powers
which gave it existence, we approach its
sanctuary with all the confidence and
veneration its high prerogatives confer
We can further assis. in maintaining
its purity through on- delegates to the
Legislature, by requiring them before
sent, or by petition afterwards, to look
well to this important subject in all its
branches, for it is mostly in the inferior
courts, where the innovations are sought
to be made, by either comforting unwar-
rantable jurisdiction, or by allowing these
to oficiate, whose other duties are in d.
rect conflict with such positions and pre-
ferments And it is with the Legisla>
ture, in great measure, to regulate the
inferior tribunals and fix the eualifca>
tions of their officers. There are upon
our statute book certain prohibitary
clauses, which refer directly to this
subject, and which, did they only 90 far
enough, would, 10 some ext NJ, tend to
correct many of the encroaching evils,
which are entwining their meshes about
the justice seat
Sections IS, SO, and 90, of the act
concerning the courts of justice and ju-
dcial officers, passed May, 1858, by
prohibiting judges from acting as attor-
neys and Counsellors, in certain instan-
ces, and by specifying judges of particu-
lar courts, (among which is mere mu-
nicipal tribunal without constitutional
creation), accords to judges of the
county courts which are courts of rec
ord, and at the same time constitution
al court, privileges to act as attorneys
and counsellors. To be sure this privi-
lege is fixed only by an implied con-
struction of the Statute; but this enough
to admit dangerous innovation upon
the long established doctrine, that
Judge of a court of Record should never
be SO circumstanced, as to be permitted
to create the relation of attornev and
Client. Such a position is foreign to the
character of a judge, it, at once, re-
moves that confidence which iuch a
character should inspire, and opens wide
the door to SANDER, abuse and suspicion,
which we all abhor 10 hear, much less to
believe. But then, the close intimacy
of attorney and client, (for the attorney
in half of cases makes the clients. his