The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-23
AN ELECTIVE JUDICIARY.

The great improperly Of electng judges by
popular elections, of making those who have TO
decide legal questions of the highest importance,
to hold the scales of justice with steady and i'm
partial hand as between any two or more citizens,
it may be of opposite parties, amendable to these
very tigants, is strikingy manifested by the pro.
ceedings in the New York State Democratic Con-
yention, held few days ago atSyracuse. Hiram
DEMO is now one Of the judges of the Court of
Appeals, ofNew York, and in his judicial capacity,
decided the police act TO be constitutional. He
was proposed to the convention for nomination to
the Office he now holds, his term being about to
expire, but his nomination was opposed, ostensi-
bly,, because he was not a Democrat but really on
account of the opinion he had given us a judge,
though the highest praise was bestowed upon him,
as able and learned jurist, fearless and indie
pendent judge, and an upright man. Here, it is
seen, that under system of an elective judiciary,
the judges OF the highest judicial tribunals have to
come before a political conclaye, made up, it may
be Of men of very loose ideas Of moral RESPONSE
bility and judicial independence, and submit to a
political scrutiny into opinions delivered by them
upon the bench under the responsibilities of their
official oath, their reputation urists, and their
moral duty to God and man. IL each and all of
these opinions delivered during their term of office,
happen to square with the notions and feelings Of
Mr.. Party all will be we'll but If any one of those
opinions happens to run counter to Mr.. Party's
ideas Of law, or to his prejudices, the judge must
be p4aished by nominating and electing some
more pliable person--some one who will be more
careful to consult the parity instead of legal
authorities in making up his judicial decision
Such system as this is destructive of the true
dignity Of the courts of the country and tends to
convert them into mere political engines 1t is
impossible for judges to be independent, whose
term of service depends upon the caprice of those
whose interests or prejudices may be affected by
their official acts. This was the great evil COM
planned Of by ancestors when judges held their
offices during the pleasure Of the king; and one
Of the greatest trumphs of true liberty, was making
them independent Of the appointing power. But
of late we have refrigerated to the old and grieyous
evil of making them dependent on those from
whom they receive their appointment; and whether
the appointing power be the people, party,
:" King Caucus" or King Charles, is quite imna-
terial; the effect is the same.
We are gratifed with some of the observations
of Ex-Goy. Seymour, in the convention, on the
subject of judicial independence.
1.-THE great value of the Judiciary said Gov s.
sis that It should be independent our courts
should be above suspicion, and beyond the reach
Of the influences Of the day. Now, upon this ques-
ton, what is the great duty Of the Democratic
Party-to itself, to the country, andthe particular
Judicial independence What do we mean by it ?
To stand by the Judiciary if it stands by us? To
agree with them when they agree with us, but
otherwise TO denounce them? No such thing
Such proposition as that would be absurd in
deed" ~.
We could commend these remarks much more
had Gov. S. spoken of the duty himself and assoc-
ates owed to the country, and not to "the Democratic
party" which is thrust forward on all occasions
in the place, and to the exclusion of the country
But, however excellent may be the sentiments of
Gov. S., it is useless to look for that judicial in
dependence" which he condsders so important
under the present elective system. Had Judge
DEMO been any thing but Democrat, though the
most able, pure, upright, and inhexible judge that
ever sat upon bench, Governor Seymour, him.
self, would not have voted to nominate him for re-
election. Democracy with him is paramount.
Thanks TO the influence Of Governor Seymour
in that convention, Judge DEMO was nominated
for reelection. Party politics should be wholly dis
carded in. nominating judges The best jurists
and of the greatest probity, purity, urbanity,
md .conscientiousness, who in fact, have no poll
ics-at least, no party politics.
p. S.--Just as we had finished the above re-
marks, the following language of the New York
Times, met our eye:
" The denomination OF Judge DEMO, by the
Democratic party Of this State is certainly thus far
the most important incident in the current political
canvass We regard il as one of the most hon.
orable acts ever performed by any political party
in this State-ana VIC hope TO see il stamped with
the emphatic Endorsement of the popular vote.
Such result will do more to ar.
rest the downward tendency Of partizan politics,
and to maintain the independence and purity of
the judiciary Of the country than anything which
has occurred for many years. How greatly some
such step was needed, no one familiar with The
Ths rxnro.' aa !, 80 Wy NEWS y '' '''0 .aed,"
g. The Elective judiciary We
ground Of its dependence resisted upon thu
he popular vote, or = upon the caprices Of
tendency thustc IA popular opinion, and its
ar change" make subservient judges to popu-
ar pe- .. and popular majorities, and the popu-
: -ssions Of the hour or day. Time has shown
re we're highland If the question were new
one now large majority of the people Of the State
would oppose an Elective Judiciary"
CONTRIBUTION TO HISTORY.