The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-09-29
An Elective Judiciary

The public sentiment in the State of New
York, it is thought, will demanda change in
the Constitution of the State, in the revis-
ion that is about to occur, which shall re-
move the Judiciary from the area of politics,
Some mode of appointment will be devised
sions of the Cay, and by prolonged tenure OF
Office, render them more independent and
reliable. The people are becoming dis
gusted with the sight of candidates for the
highest judicial stations descending to the
basest electioneering practices that are used
by candidates for the smallest political off,
ces. While members Of Congress are deliv-
ering blncoulbe speeches, Judges on the
Supreme Benches, and in inferior courts arc
connecting buncombe opinions that are to
aid in securing a reelection, or pave the
way for party nomination to Congress
In this State the Circuit Bench is a place
sought only by political aspirants, for the
purpose Of exhibiting themselves to the
people; where man with but small
modicum of sense and learning, can make a
very imposing appearance to the multitude
by the Alterations of the manners and
qualities of a judge. There are manGuvers
now exhibited at Indianapolis by candi-
dates for, and occupants Of, the highest bench
of the Supreme Court, sufficient to disgust
the people with the system of elective judi
81 C 20 all Inc of ,,,1;
cial propriety to behold the ermine Of oul
Supreme Court draggled through the filtl
and scum of the lowest sinks of pot hous,
politics. The fault is not SO much that o
the aspirants as of the system. Ambition
men must seek the Office; and the system
affords no means of attaining it, so long a
it is elective by the universal suffrage, bu
by seeking the favor of electors by conces
sions to their prejudices and laying asid
self-respect and official dignity, and courtin
the lowest, and most powerful class, in il
degraded haunts of vicious indulgences.
is impossible, under such system, that ID
Judiciary should be independent, comman
respect, or impart moral weight to its opir
ions. 1t is upon moral power they can con
mand, that the Interpreters and administr,
tors of the law in a Republic must depen
for its enforcement and so fast as that pow
er is weakened, is a necessity for the III
of force created for its maintainence.
A recent writer has given utterance
the following forcible and eloquent sent
ments upon the decline of the Judiciary;
"We may traverse sea and land on Il
wings of lightning; we may cover the gloi
with network of railways; ourcanals ms
be as the highways of the waters; but witt
out that silent, terminating, sustainir
principle, IGt0, all our labor skill, energ
learning, and treasure will be of little ava
except it be to heap up and adorn the gener
ruin. Liberty and law are inseparabl
There can be no liberty worthy of the mar
without law, and law is but q dangero
pretence, snare, a false light benefting t
wreckers of society only, if it be not proper
executed. How is it with us in this respe
1t cannot be denied that the administrati
of justice throughout the land is defecti
and that it shares justly in the complain
that are made against the decentralization
the times. It has well nigh ceased to
the conserFator of the safety, peace, a
morals Of the people. 1t has become
litical and partisan, popular and dependc
than which four worse things can hardly
said of that department Of our government