Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1858-10-02
MISCELLANY
From the National Intclligcncer.
Elective Judiciary

In giving place to the subioimod communi-
cation, from the pen of n writer long and fu-
vorabiy known to us, VIC take leave to say
that. however incredible some of its state
nents may seem in illustration of tic dcep
degradation into which the system of an
elective Judiciary has fallonin certain quar-
tiers, tho authenticity of the allegations is
sufficiently avouched by the writer, partly
from his own knowledge and partly on the
authority of unquestionable testimony
An elective judiciary is clearly growing
evil in this country. The article in the Ma
t;onul lntelligencer on the subject shows the
danger to be apprehended by this extraordi-
nary innovation upon our insttutions but it
does not rofer' to Outrageous cases thatmight
he cited under this novel phase for the ad-
ministration of luw. 1t is q subject of deep
interest to cyo:iy man in the land, wholly ir-
respective Of political parties 1t rises above
mere consideration. The only feasible pre-,
tcxt for the change III the mode of appoint
ment ofjudges was its prostitution by cor
rupt Executive to reward mere political par
tisnns; but the election ofjudgcs by the poo
pie has been shown already to be fraught
within much greater evil and worse may be
dreaded for the future.
The Supreme Court of the United States is
threatened by political party. 1t is nov
the bow anchor to our ship of State Oace
sever the cable from thUt anchor, and our
good ship will he adrift among the breakers.
Without much stretch of the imagination
wc can picture what is likely to occur, from
view of our brief history of n judiciary
elected by the people. We learn from relia-
bio authority of n case in court having been
postponed for the election of a judge to suit
the purpose of one of the parties In one
ease on obtaining Judgment, the counsel
claimed and obtained an cxorbitant fec on
tho ground that, by his influence, in the hrst
place, tho judge obtained the party nomina-
ton Tor the express purposc of suitng the
case lie WAS elected. presided at tile trial
and was IN favor of the elcrting party, as
w:te expected ~ him. In anothnr case at
II nominating convention by different polit-
zeal party, IA surprise candidate" youthful
in age, and inaall other qualifications far in
1erlor to misconceptions, obtained the nOmi-
nation. There was no longer any surprise
about the matter when it was subsequently,
ascertained that the wirc-workers in conyen-
tlon had n deep interest in q particular suit
ut law, to which their candidate was pledged
to give u ju lgcment in their favor, in case of
being the Judge. A third case is also to the
point. In ajulicial district, another "sur-
prise candidate" scarce known az q LAWYER
orto the people beyond the local court in
which he practised, was run, as since undor
stood. toaidin breaking down one oftwo.ablo
ana unohleSsonabie candidates for the SUI
prcme Bench of the State, who had been
nominated in the conventions of the two op-
posing political parties. The surprise can
dldateo to general amazement, was elected.
If tho plurality Of that district was ignorant.
or under tie direction of corrupt leaders. ii
might prefer 60 Scct Judge to suit their own
purpose. lfa majority of a district has set
thelw 0f the land ut doaanee, how can n
weak or corrupt judge be expected to place
himself opposition to his constituents.
As has been we'll said the fault lies in
the system Of making the tenure of judicial
office dependent ON the eftctivneering arts of
the politician, rather than. on the leaning
and virtue ofthe judge to be elooted.
These deplorable Illustrations 8 of % new
and hagrant evil contingent on an elective
Judiciary are presented 10 tito notice Of the
able ard conservative eiitorof the New Or
leans Bnlletin. With him We ask: Are our
people willing to have thoirrights passed up-
on hy courts, of the la& fasort created by
such moans? Are not tho property and lives
of their constituency IN tksls hands? May
mt corrupt judge afiict half tho oitizens
WHO did not and those who did vote Cor bim?"
AS tho Bulletin expresses is ~ One judge of
the Supreme Court turns the scale, AMI With
that ono indgc is the p6pycr of life and DEATH
Is 1t right 10 It safe, to place sucli power in
the hande Of q man whose election to the
ofhcc he huldsni be secured BY means (and
isitn9t lonce which maatle Che check Of