The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-17
Independence Or the Jusllciary-Judgs De
Mo sOlnina n isU.

Independence Of the JutAciary-Judgs De-
Mo . sOminatisO.
The singular qualification of the democracy at
Syracuse involved in toe denomination of Judge
Deoio for the Court Of Appeals is beginning to
excite good deal of newspaper discussion on
the independence of the judiciary the elective
sysem of Judges and the proper mode of nomi
mating our judicial candidates But we eau dis
cover nothing in all the special pleadiog from
various quarters that has come before us in de
fence Of this nomination of Judge Debio, prov
ing it either consistent with the principles of the
democratic party or essential to the doctrine of
al independent judiciary when we have no such
tnng-our judiciary being dependent upon the
will of the people.
There is manifest contradiction between the
decia' ation of the Syracuse Convention of .un-
compl omising hostility to the usur patons If the
Seward olgarchy of our last Legislature aud the
nomination of Judge DEMO, upon whose decision
the most odious of these usurpa,ions is declared
a constitutional act, valid and binding upon all
concerned. "Uncompromising hostility" to this
encroachment and an endorsement of the act can
not 60 very we'll together Iii candidate for Judge
is Domipa'e6 as party man he should be held
to the principles of the parry; if nominated in
dependently Of party considerable then there
are no party obligations in force to support him
Thus much in partIzan view Of the case.
n vt, as to the assertion in this nomination of
Judge DEMO, of the great principle of the indie
pendence of the judiciary. The doctrine sounds
well: but reduced to a close analysis under our
elective system ii becomes nothing but a glitter
ing and uDmeaning generality. This idea of an
independent Judiciary is derived from the EXAM
pie Of our Eoglish ancestors, whose laws and In
situations enter so largely into the framework of
our own. But while the appointment in England
OF Judges for life. independent of the smiles,
frowns. intrieues or caprices of the court or the
appointing power, is one thing-the election
from time to time by the sovereign people of
our judges in New York is quite another thing
The great fundamental principle underlying
every branch OF our government is the sovereign
ty OF the people, and the supremacy OF the will
OF the people. Thus. even the Judges of our
Court Of Appeals have been made elective by tue
people for q limited term, in order that the peo
pie from time 10 time, may make such changes
smorg their judges as they may deem expedient
During tie term Of his Office the Judge is beyond
all Interference with Ills legal decisions aud they,
coiDcidiDg with the majority Of the Court, are the
supreme law. To this extent we have an indie
pendent judiciary but no further. With the ex-
pirsticn Of his term OF Office The Judge becomes a
private citizen. and With no further claims to a
reelection by the people than can be furnished in
his judicial decisions affecting the rights, the
liberties and the wishes OF the people.
The object and essence Of an elective judiciary
Il to ro train the action even Of that branch of the
government, subject, from time to tine, to the
sovereign judgment Of the people, W. might "a
VEL have our judges appointed at once Tor
lile If they are TO be reelected from time to
time, 10 long as they shall right or wrong.
coDscientiously discharge the duties Of tneir
Office But a this power, possessed by the peo-
pie. ~ periodical election of their Judges in.
clu6es to- power TO elect nc = ones. the ptetence
that The denomination Of Judge DEMO was essen
tial 10 the independence Of the judiciary falls to
the ground
Police act was faithfully rendered according to
us views Of the constitution, be knew very we'll
that thai decision war subject 10 another court Of
appeals in which the people Of The Sla'e OF New
Yolk are the supreme judges; and be was doubt.
less prepared either for a nomination or q rejec-
ton ~ the democracy at Syracuse, upon the
exact constitutional merits OF his decision. But
what can we. or shat can he think Of a nomina
ton b, BODY OF men declaring "uncompro.
mi.ing hostility to the act which be approved,
ard yet dominating him as their faithful ex.
FOUNDER Of toe law II this the way to maintain
an Independent Judiciary Can We denouncs the
wrong and applaud the wrong dOer at the came
timcs
Our impression il, however. that the rretence
that the nomination OF Judge DEMO for re.
election was party concession to the indepen-
dence a the judiciary is islse pretence, aud
tia, o;htr Influences connected with the legisla.
tive branch OF the government secured his Domi-
pston We believe that TIE Metropolitan Police
act WIS proes uturpation q the local municipal
rights Of this city and Of other places within
THE present Metropolitan Police district
we believe that IL was an act Of usurpation
s'rk ng at the very basis Of our ancient local
chartered liberties and privileges-we believe
tba, a large majority oftoe people OF this district
aud Of the State told this act to be an unconsti.
tutional act and that the masses Of the demosra.
tic party have been disappointed and deceived
By their Syracuse Convention. We believe thai
this nomination OF Judge Den was not a COO
cessiou TO the doctIiue Of sn independent judi
cary, bu, CONCESSION TO the Seward oligarcay.
and very unwise one. too.
The usurpations Of the late black republican
Legislature, the decision thereon Of Judge DEMO,
and bis nomination for a reelection, as we take
IT, are AL Of the same piece Of cloth. Coupled