Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-10-22
Election of Judges by the People.

sources of all power in q republican country, and the
good of the people ought to be the end and object
of its exercise of such power These are propositions
which no one will controvert How the people are to
exercise their inherent and inaenable powers, what
checks and balances they themselves to impose what
balance wheels they are to introduce into their govern
mental machinery for the purpose OF giving seadiness
and uniformity to its motion these are questions which
mature dcibcration and extended experience alone can
answer and the conclusions to which different persons,
honestly reasoning from the same premises, may be
brought may be as different the persons themselves,
their different modes of thought or the different stand
points from which they may look.
Although all admit that the majority must govern,
yet no one is willing to assert that all questions should
be referred to the unrcsrancd action of mere maortes
All good constitutions that of the United States and OF
our State among the number provide certain limits to
the powers Of the majority, so as to protect the rights
of minores There certain things that no MAORI
ty in congress dohat aority OF our represen-
tatives in the General Assembly of the State can do,
because do them would be to violate those safeguards
that the constitution of the United States and of the
State have thrown around the minOrtics Neither Is it
possible Or possible, is it cxpeden in all cases for
the people to exercise directly the powers they undoubt
eddy possess They confde them, they must, from the
nature of things condc them to their agents and rep
rescnatvcs The people cannot meet en- masse to make
laws or do various other things But it sometimes
thought that the people may, by their organic law,
known as the constitution, have delegated certain pow
erS to their representatives which might with proprety
and advantage be resumed and taken into their own
hands, among the rest the power of eccting Judges
This has been done i'll several of the States. In add-
on therefore, to the deductions Of reason have the
lessons to be derived from the experience Of others to
sist in guiding to Il just conclusion on this point
the real matter being to find out how 1t will work. 1t
appears to arccy open question: so far as principle
is concerno whether the people exercise their power OF
appointing Judges themselves directly, Or whether they
exercise ii through their representatives. The depend
indc ndcncc OF the Judiciary depends less upon
the mode OF election th;ln upon the tenure Of Office.
Let the term be Il sufficiently long enc, and rcccc-
ton The independence Of The Judiciary must be Sc
cured aud no ether consideration should be taken into
the calculation until this has been provided for
1t may be that under the system existing in North
Carolina We sometimes get different Judges from what
we ought to have, but when we compare our Courts
with those OF New York. where different system
exists, We feel reluctant to rush hastily into expert
mcnt which has worked badly there, where with few
exceptions, the Courts have no digny-thC law has nc
power and the public protcctiOn-whcre, i'll fact,
listing grievances arc 50 inollablc that the people dc
mand Convention for the purpose CT getting rid Of the
whole patent improved system under whose blessings
they groanng.
We know that there is nlC re than one Judge on Tx
Bench of North Carolina who GancicS himself rather
the maker than The administrator of tie laws-who il
charges is fond OF telling the jury i'll PARTICULAR and The
world in general not only how the laws arc, but how
in his opinion they ought to be; that preudccs Of the
most obnoxious character have been carried upon the
Bench and distorted the judicial vision. All this We
say without impugnug the honesty OF purpose Of any
member of our judiciary while must express oul
opinion tut such nlincs Of temper ought to cxclud,
any man from tie Bench. We don't think that sucl
persons could be elected by the people. But the
plant dcna~o&uc might that virtue, which, on ht
Bench, might be superior to all other temptations might
be swcrvcd by the hope oil rc-cecop TO persuade it
self into seeing things in that light that might best sui
the views of those to whom the appeal would have to BIZ
made at the polls. This however, applies equally tc
elections by the Legislature by popular vote There
would be ccconccring brought to bear either way. I'll,
real question, ilCT I'LL, is VIC lClul ana tenure
The people are honest they mcdn to do right. 1hi
we admit in its fullest sense. 1t is not only their desire
but their interest 20 do right So may two honest par
tics in Court to do right. Both plaintiff and dc
fcndant may think themselves right and they appca
to the laws administered by the Courts TO decide be
tween them. Merely meaning right is not all, for per
ecy honest parties may honestly disagree, and thci
disagreement must be referred to tribunal Whicl
ought to be not only DISTINGUISHED but situated Il
place it beyond the reach Of outside movcor influence
and free to decide the upon its merits. Sup
pose A the plaintiff Is, the defendant G, the Judge Sup
pose further that 3 the defendant, stands in place Of
represents the majority, controlling influence in tina
majority, to which G, the judge is shortly to appeal To-
for reelection ask would not the Judge b
subjected to an influence, temptation that it would b.
more prudent to guard ril human nature against. AID
hitting that all mean right, circumstances mus
have their influences, even without knowing it, Ihi
question OF the election OF Judges requires mature dcb
Grafton and careful handling. Change is not ncccssri
y either progress Improvement neither is ncccssari
| ly the reverse.
Through Ticket to New Orleans.
We take pleasure in noticing the fact that an arrange
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