The Hillsborough recorder., 1858-11-03
An ELECTIVE JUDICIARY.

w Netl, sOule VENTS L4lc III Isl
was started in favor making the Judiciary
Immediately elective by the people in their
primary capacity. it proceeded mainly on
the false principle that under Institutions
like ours the nearest possible approach to the
fountain Of all political power constituted
the Legitimate aim Of such as desired TO bring
the practice Of our Government into greater
and greater conformity with its theory. And
this theory, it was assumed, IN recognising
the people as the ultimate source Of "politi-
cal sovereignty involved the corresponding
right and privilege Of the people 70 pronounce
directly upon all questions Vi civil o. papa-
lar concern.
To onr readers we need MT say that this
conception Of the theory upon which our
Government is based proceeds upon radical.
ly erroneous views Of its mnst vital and fun.
damentaI principles, which, being represen-
tative rather than democratic 10 their es-
sence and character, conspIre 10 Indicate and
explode the fallacy of the disorganizing and
demagagical doctrines which have been IN
yoked by the advocates of !. reform, falsely
81 called, in IL application ii most o. The
changes which have ot late years been ~
trodnced into the organic laws q the several
States. And where the tnenrg i vicious We
might naturally expect II find the practice
under il attended with results laa m9st m.
promising and injurious. Accordingly we
believe It Is naw allowed hy the common
consent Of all parties. in all the States where
il has been tried, that the system ol an
:. elective judiciary ii fat sinking into 4
popular odum anil contempt tfum MiitN not
even the surviving dignity AMI integrity oi
It's Official incumbents are sufficient 70 re-
tr:eve il. For We are mt pJl.yious II the
gratifying fact that very many sin ate ~
yated to the Bench BY pro !. snlittle cpn.
sistent with tie theory oi Their impartial
functions. have proved themselves superior
TO all the extrinsic influences BIZ which their
election may have been unhaPpls attended,.
while in some Of the States tie people, aP-
| proving themselves wiser than the dema-
gogues who would thrust this franchise upon
them, have sedulously abstained from mix.
/ ing Up their judicial elections with the
strifes of contenhing parties.
/ We arc forcibly reminded ~ the apprecl.
alton in vi,,ch fhe people hnld this "inesti-
mable privilege Uf voting Tor judicial officers
by the result nf an election lately held in
Tennessee Ior the choice 81 the presiding
judge II the Supreme Court in that state.
Thongh called Ii select tile highest Judicial
officer known under their constitution and
laws. ii appears HAT les than nnr.setentli o.
i the voters If ,he state participated ~ tue
election, notwithstanding the fact tlaf two
candidate. we're iii the meid ~ competitors
for the popular sehrage.. From the official
returns 0f the vote a. given N Nashville
: A.. IN III the
counties not single ballot was cast 20 an
!. election destined 20 decide IN part The char
acter and qualifications 81 their Supreme
Court such an Indifference q The boon
with which they have been invested argue.
but little in favor Of is capacity ior useful
enjoyment.
i And in PENNSYLVANIA We have lately seen
the choice of 4 Judge, named 70 st upon tbs
bench of the Supreme Court in that state
{ made Ia turn upon his views IN regard 70 I
protective tariff For il is mot unworthy o
note that tile chief ground of opposition urged
! by the Democracy against the candidate o
. he " Peoples party Tor the post of supreme
Judge in the late election was found IN The
allegation that at some remote period in hll
{ life he had attached his name, along witt
! certain Democrats of an earlier day, 10 a let
| ter containing sentiments in favor Of FREE
! trade. II was not difficult 70 show that thi
statement was unfounded, aud therefore Mr.
Reads pretensions as a lawyer and a lurls
! were not set aside IN consequence 81 his Al
{ legged unsound opinions upon The protective
!. policy. But when such extfaneous politlea
/. issues are prominently brought into canvas
: noininally appointed 70 decide The quallica
) tions Of Judge, We have afforded y u
. illustration Of The pestilent system BY whicl
. such issues are fostered and pcrpetuated.
9 Al We write the journals of pennsylsanii
1 bring ns q new example 81 the pfactica
. working of an elective Judiciary 10 rapid,
D tending 70 .ubyert the most fundamental con
, ceptions of the judicial office. y appear
j dat tbe lion. William Potter, atpfcsen