The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-09-28
An Elective Judiciary.

The National Inte!Agencer publishes the
following article from correspondent. 1t
exposes an evil that grows every day more
serious:
An Elective Judiciary is clearly grow
ing evil in this country. The article in the
National MteIIigencer on the subject shows
the danger to be apprehended by this extra
ordinary innovation upon our institutions;
but it does not refer to outrageous cases that
might be cited under this noble phase for
the administration of laws 1t is a subject of
deep interest to every man in the land,
wholly irrespective of political parties. 1t
rises above mere party consideration. The
only feasible pretext for the change in the
mode of appointment of judges was its prosti-
tuition by q corrupt Executive to reward
mere political partisans; but the election of
judges by the people has been shown already
to be traught with much greater evil and
worse may be dreaded for the future.
The Supreme Court of the United States
is threatened by polisical party. 1t is now
the bow anchor to our ship of state. Once
sever the cable that holds that anchor and
our good ship Will be adrift among the
breakers.
Without much stretch of the Imagination
we can picture what is likely to occur, from
view of our brief history of judiciary
elected by the people. We learn from re-
liable authority OF a case III court having
been postponed for the election of a Judge to
suit the purpose of one of the parties. In
/ one case, on obtaining Judgment, the counsel
! claimed and received an exorbitant fee, on
the ground that, by his influence, in the first
place, the judge obtained the party nomina-
| ton for the express purpose of suiting the
case. He was elected, presided at the trial,
and was in favor of the c:ecting party, as
was expected OF him. In another case, at a
nominating convenaon by a different politi-
cal party, = a surprise candidate, youthful
in age, and in all other qualifications far in
| tcrior to his competitors, obtai.- ed the nomi-
nation. There was no longer any surprise
/ about the matter when it was subsequently
ascertained that the wire-workers in con-
vention had deep interest in a particular
suit at low, to which their candidate was
! pledged to give judgment in their favor
in case Of being the Judge \ third case is
also to the point. IN n judicial district an
other surprise candidate, scarce known as
lawyer to the people beyond the local
court in which he PractiSed, was run, as
since understood to aid in breaking down
one of the two able and unobIectionaDle can
didates for the Supreme Bench of the State,
who had been nominated in the conventions
OF the two opposing political parties. The
surprise candidate, TO general amazement
was elected. If the plurality of that district
was ignorant or under the direction OF cor
rupt leaders, it might prefer to elect judge
to suit their own purposes. If majority of
a district has set the law of the land at de-
fancc how can weak or corrupt judge be
expected to place himself in opposition to his
constituents?
4 As has been well said, the fault lies in
the system Of making the tenure of judicial
office dependent on the elcctioneering arts
! of the politician rather than on the learning
and virtue of the judge to be elected.
These deplorabe illustrations "of new
and fragrant evil contingent on an elective
judiciary" are presented to the notice
of the able and conservative editor OF
the New Orleans Bulletin. With him we
ask Are our people willing to have their
rights passed upon fy courts Of the last
resort created by such means ? Are not the
property and lives Of their constituency in
their hands May not a corrupt Judge
''afflict half the citizens who did not and
those who did vote for him?" p" As the But-
letn expresses it: "One judge of the Su-
'preme Court turns the scale; and with
that one judge is the power of life and
death Is it right, is it safe to place such
power in the hands of a man whose election
to the office he holds may be secured by
means (and is it not done y which mantle
the cheek of every honest man with shame
and Indignation ? "
These are momentous and solemn ques-
tions that at this time claim the serious con.
sideration Of every American citizen through.
out the land.