The independent press. (Abbeville C.H., S.C.) 1853-1860, 1856-10-31
An Elective Judiciarv.


Harp:r's Magazine, contains a mastery article,
in which the editor points out the evils which
result from popular election of the Judiciary,
us illustrated by the operation of the present
system in New York during the last ten years.
The Convention Of 1916. which was called into
being, by the necessity of providing remedy
for the delay of justice, and checking the over
weenins power of Chanccry, effected great and
radical changes in the existing system swept
away the common law form of procedure, an
nulled the distinction between law and equity:
and, above all. gave the election of Judges to
the people. This last measure the writer thinks
has been attended with unmitigat.d evil; and
he gives various illustrations Of the tendency
of the system, to lower the character of the
judiciary, and to affect its influence over the
Bar. The evils enumerated, however, do not
result merely from the mode Of creation, but,
also, from the tenure Of office; and the sala-
ry attached to it. These are discussed in due
order
The mode Of creation. resolves itself either
into nomination by the Executive. and con-
| firmed by some council or senate; or into an
election by the legislature; or lastly bya nom.
ination in some popular convention, and this
sanctioned by the popular vote. Objections
exist against each of these modes but they
apply with peculiar force TO the popular cleo.
tion. The writer whilst he comedies. to its full
extent, the doctrine of popular sovereignty,
discriminates between the position of the
Judge and legislator and holds that the Judge
represents not the feelings or interests of the
people, but represents the law and that for
the dnily business of the Judge, learning, abil-
ity and integrity are required The effect of
the popular election, is to throw tie nomina-
tion Of the judiciary into the hands of a set
of trading politicians. who are as competent to
select Judge rs to choose an astronomer
The result is that the best men will decline to
enter the lists for nomination.
Again, the independence of the judiciary is
essential to its dignity and usefulness, and this
nscparably connected with the tenure Of the
judicial office. The Judge should feel secure
of his position, so long as he discharges its du.
ties faithfully. The constitution of New York
by limiting the longest tenure of Judicial office
to eight years and the shortest to three years
has forced the Judge to look beyond the term
of his Office and to regard it either as tempo.
rary occupation, or to use every means to Sc.
cure his reelection. The tendency of the sys
TEN is to make the Judge an intriguing and OBJ.
sequious sycophant; and whether he be such OF
not he can scarcely avoid the impHtation, and
his character and influence will be totally de-
stroyed. A view of these evils induced tho
English Parliament, one hundred and forty
years ago. to change the tenure of the Office
and to make it dependent upon good behavior
alone.
Lastly, the writer hns shown. that the sala.
rtes Of the New York Judges. ranging from
$4,000 to $4,000 each. is so far below the scale
of professional emolument, as to render the Of
fee. undesirable and contemplate We com.
| mend the article to the careful perussl of our
| readers-