Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1856-06-07
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Letters from Spar hous



Letters from Spar houa
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To ne Lidg0 efhs Supreme Court Of Tsra'
The announcement 81 your resignation, 10
lake effect on the III II October neSl, has en-
cited no little speculation IN this community.
Simultaneous with this announcement was nl'
50 made known the fact that you would be
candidates for reelection. Many are AT loss
TO know 10 what cause 10 attribute your resig'
nation al the present time. II is known that
al the last session Of the Legislature, the sala.
ries ol the Supreme Judges were increased
81 900; but only one year would el ,pse before
the election OF Judges in the natural order Of
t.ings,
The object Of the Increased salary was to
secure to The Bench the best talent Of the
State. do not mean 10 say the present in.
cumbelis are not superior to all others in point
Of talent; bur they were elected when the
salary was only $4,000, per annum, and they,
as far as know, had manifested 40 inlima-
lion to resign, The Increased salary was,
therefore, not necessary TO secure their s.rvi'
ces.
Your resignation at the present time does
not give an opportunity Of fair expression oil
opinion in the selection of your successors NJ
the election IN August. That election is now
little more than sixty days oil, and the resig-
nation Inns not been officially announced. IL
is very probible half the voters of the State will
not know that an election for Judges Of the
Supreme Court will be held two weeks before
the eecion when i; will BE- 100 late 10 inquire
into the qualifications of other candidates.
Thus they will be compelled 10 vote for the
old incumbents or not vote NJ all. have no
doubt the plan will prove successful-you will
be reelected for the want of time TO bring out
competitors; and thus will you secure your pc.
sitions and the increased salaries for six years
TO come. Should the election be postponed
ill the first Monday in August, 1857, the re.
election of either OF the present incumbents
would be very doubtful. Should we fortunate.
next six years, the result may be principally
attributed to your own fors sight and wisdom
in resigning, and bringing on the election at
an unusual time, when the people are not e&-
pecting an election for Judges of the Supreme
Court. We shall probably have occasion to
congratulate the country upon such result,
whatever be the means used to bring it about (;
but the consequences may not be so favorable.
The people are naturally jealous of their rights
and where these have been trampIed upon,
they are easily aroused and are sute to vindi.
cate them. now predict the Supreme Jud-
ges elected in August next will meter com
plete their terms of service. The tribunal will
be recognized and firm Judges will be cleo.
ted at time when full and fair expression
of the voice of the people can be had.
The present, however, is a fit occasion to
examine and review your decisions for the last
len years, and to see whether the people would
be benefited by your continuance in office. In
Pursuing this review shall con6ne myself TO
those great principles which allec the interest
of the whole State and shall have but little
to say with regard to the echncali,ies of the
same. As the Judicial decisions the Supreme
Court of this State, in many instances consti.
tute the basis of property, and afe toa certain
extent, the enactment rather than the in,erpre-
ta,ion of laws, they become the proper subjects
oil cOfIfIrrrr, 80 ,,,y vi,sv,s
he affected by them ! shall endeavor to point
out the departure Of the Court from those
principles established by the early fathers of
the government for the settlement of our rights.
beln We these errors have been many and
grave but am frank to confess that much of
the blame may be attributed to the Legislature.
Without the rule of decision being prescribed
by the Legislature it is impossible that the de-
cisions of any court can be uniform upon
subject so comp icated as our land titles. In
the absence Of such rules the court is nothing
more than court Of arbitration, to determine
each case upon its own merits. In my next,
shall commence critical review of some o!
those decisions.
C1ndrinrnr