Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-08-25

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most dangerous heresies, doctrines and
fsDs.icisms OF that party, regardless o.
constitutional law, or those great con.
strvati'e principle, which stand above
the mad acts OF pariizan strife IN Sc
rsuity Of perfection, IN attainabIe except
BY the proioaudsst wisdom guided b.
the inspiration OF that spirit which il
lamined the nin0s Of those grea,
doni-Sods who framed the Constitution
Of the United States Who !. 10 De
eide ~hsn q Legislature enscts law
violating constitutions and impairing
human rightss The Judges. Be-, sup.
pose that party is in power, whose
principles are cons:i,utionslly wrong
and the judges were elected for four
years By the same party. aud the leg
isla'iye enactment is Only the carrying
oct Of the politica! issue raised il the
election which elected both the .egisla-
ture and the judges, can j. lie doubted
for q moment that the opinion Of the
judges-holding their Offices by the
will Of their party-would be affected
thereby, and encroacLments made
upon the Constitution which is des-
tructiye Of human rights
But it is enough that experience has
proved the truth Of these remarks
Time has tested the experiment, and
the most eminent men Of all parties
pronounce the elective Judiciary fail.
ure. Men, who live for the good and
glory Of Civilization and Liberty, have
after patient experiment, and long ex-
animation, most emphstically recorded
their disspproval Of the system. Con
fusion and contradiction in Judicial de-
cisions has been the result. A weak
and partial administration of Justice,
consequent upon weak and partial
judges, elected by the agency of party
cacuses and party strife, for party
aggrsndixement-has been the conse.
quence. Nor are ny views antidemo-
cratic. They are sound, conservative,
and based upon no other principle
than the universal good. Somemcns
minds are SO belittled by nature and
SO dwsrf"d by education, that they can
see no good in anything that cannot
be used As lover to move their par
ticulsr party up the ascent to power.
They lose sight Of everything but that
and they see only that, because
they fondly believe that it will by
some fortunate chance, in which merit
is not an ingredimcnt, place then.
above n private obscurity. which alone
nature destined them to enjoy. But |
am not alone in NV views, Hon. Dan
iel S. Dickinson, a ripe scholar and
and the houored oil the de-
mocracy, in an address before the Law
Of Hamilton College, on
olult., and since my former article was
published, Uses the following emphatic
language
But the premium absurtlity in the Cons,i
tuition Ct ls49, was reserved of the Judicial
Department, and here the genius Of confu-
slon seems to have invested her whole fund
ed and floating accc mutation. Verify:
Mature ne'cr meant h r secrets 50 bs found.
And msn's ridile which rnsn can't exrsoncl 4"
II the temper of our race had sought to
devise system calculated to degrade the
Bench. bring Courts ami Judges into popu-
lar contempt. un!earn the Bar. give igno-
rance rowing commission and set legal
results ailoat upon a shoi ele-s ocean Of un-
he would have discharged his
mission faithfully and successfully by copy
ng this.
IL is not4intended TO discuss elaborstely.
he elective feature. for that is one of lts
most toleralle provisions. although it los
clearly failed to answer fully the public ex-
,ectation. 1t would. doubtless, have be, u
more successful if it had been separated, as
t should have been. from the general elect
Ons, and the selection OF cand dates had
been made beyond the atmosphere Of polt
cal Conventions Noone dis rnsts the abil
ty ofthe people to select with vie and just
discrimination, when opportunity is given
or deliberate reflection. But SO long AZ the
,reat body Of electors have little sympathy
n connection with a nominating caucus
md must choose betwe the candidates
or remain passive. the popular in
diligence viii. be imperfectiy represented.
What does the Cheyelior Wvckoff
hink Of DAME! S. Dickinson. Had
10 not better protest in the name OF
he Democracy against such heresics
do not know who the Cheyeiler Wy
of lie, and | may therefore be unlntcn-
ionally wasting ink upon a suhjecs
which deserves 40 little attention in hit
wn country as to begot foreign jour
al that means Of notoriety which
lis most laborious efforts at home
ave failed to secure.
The above opinions in reference to
he evils Of our elective judiciary is so
revalent among the democrats of this
nd Clinton county, and other counties
. this Judicial district, that the party
as made no nomination, being quito
onteDt with thepresent judge, regard
.ss OF his politics, for he has shown
10 pre-eminent fitness for the dignity,
nd he has slso shown that Constitu-
onal Law will be his guide in opposi-
ion to all attempts Of fanatieism or