New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1860-12-03
AN ELECTIVE JUDICIARY.
SHOULD OUR JUDICIARY BIZ RlEorrvE'

At the late "semtannual exhibition of the Frank
lin Literary Society" of this city, several speeche
were made by the young gentlemen, which reflect
ed great credit upon them and upon their instruc
tors and teachers. Among the rest was an Addres
sustaining the negative of the proposition that on
Judicial officers should be elected by the people
delivered by Master G. A. Warfeld, youth of four
teen, which, considering all the circumstances, il
a very ereditable production. We make room fo
the following extracts:
Mr.. Presidea-H we would think for one mo
ment, we will find that the Judiciary are more fel
in society than any other power; for every mant
life and estate are liable to be in the hands of thu
judges; it is not only to our advantage but to the
advantage of the mlole country that our Judiciar,
should be composed of men who are wise inst anC
virtuous, but of such men as shall be entirely free
from the authority Of any one, so long they con
tinue to act justly and mpartially.
But this cannot be the case where the Judiciary
are elective; for ii they are they must, of course
be put into office by certain party set of men
who would expect as their reeompense that they
should have immunity for all acts against the peace
of the State; and the judge would be very apt to
| comply, because if he did not, he would be dis
missed from office.
The Judiciary ought not to depend on any set Of
men, for this simple reason; they cannot be i'm
partial, and their Partially would be supported by
the faction which raised them to the bench, and
\ all justice would be trodden under foot
"A AHOLHer reason why our judiciary Sl0utd not De
elective is, no efficient person could be found, ex-
4 cept in rare cases, who would agree to fill the
office Of judge Do you suppose he would leave a
lucrative situation, which was certainty, to fill
| one of uncertainty?
Whereas, if the Judiciary were appointed, he
would hold his office during good behavior.
Thus, where the judiciary is elective, the bench
is filed by incompetent men.
| If we render our Judiciary elective, we also
render them subserYfent to the viii of the people,
and this humbles them in the dust. What reason
| will be heard where party spirit prevails Degrade
| your bench by subjecting them to that spirit and
| justice will bid q final adieu to your tribunals.
| If we would ask one of our old citizens, whether
1 justice has been administered BETTER (here in
Louisiana) under our present judges who are cleo
| tive, than under our former ones who were an.
pointed he would tell you No !.
One very obvious reason to my mind why our
Judiciary should not be elective, but appointed is
| that the Governor of State or the President Of
these United States is much better educated than
the majority of voters, therefore the President or
Governor is much better qualified to determine the
| person most ft for the office of judge.
Therefore the inference that may be deduced
| from the preceding argument, is that few chosen
men are much better qualified to select good Judges
| than the mass of the people. Whoever attentivey
peruses the Constitution Of the United States with
regard to the three powers, must plainly see that
the Judiciary is the weakest. The Executive holds
the sword, the Legislature the purse but the Judi
eiary, on the contrary, has no influence either
| the sword or purse, no direction Of either the
| strength or the wealth ofsociey and can make no
| active movement whatever.
The Judiciary has neither force will, but
judgment, and must even depend on the Executive
| arm for the exercise of that faculty.
| The Judiciary being the weakest, proves that
the acts of that body unlike the acts of pollti-
clan, affect the individual while the acts of poll
tcian affect the mass. The elective system affords
| no reasonable means of removing corrupt or in
competent Judge, for they could only be removed
by impeachment, and this requires two-third's
vote; and the same party which elected the judge,
would necessarily elect the men to try his impeaeh-
ment, and he would in many cases be acquitted.
1t has been argued that an appointed Judiciary is
q departure from a Republican form of govern
ment. The theory of our Government does not
demand that the Judiciary should be elective; Re-
publcanism does not demand it, because it is q
system of voluntary delegation of power to agents.
Last year, in the State of Ohio, a Judge decided
that all persons entitled to vote if white blood
preponderated this was the cause of IA 600 ne
groes voting who reelected him Judge. Every per-
son within the reach of my voice must see this as
one of the many evils of an elective Judiciary.
If our national Judiciary were elective, besides
being under the authority of the people they would
also be under the authority of the President; for
after consideration, we will plainly see that the
party which elects our President, must also elect
our Supreme Court,
And if our national Judiciary were elective in
this present year, instead Of being SO much con-
cerned about Lncoln's election we would be more
so about the election of our Judiciary.
For, although Lincoln might not commit an overt
act against these Southern States in his capacity
ofPfesident, he could influence our Supreme Court
For as have before stated, the party which elects
our Judiciary, must also elect our President; and
as the party which has elected is the Black Repub-
lican party; therefore conclude they would elect
our Judiciary. And then suppose, after Lincoln
has taken his seat Territory wishes to be incor-
porated into the Union, the slavery question would
be agitated, and it would be referred to our Su-
preme Court. which, being Black Republican,
would be against us, and this might cause a civil
war.
And BESIDES this principle Of an elective nation
ton Of the United States Our forefathers adopted
that Constitution in order to form more perfect
Union, establish Justice ensure domestic tranquil
ty, provide for the common defense, promote the |
general welfare and secure the blessings of liberty
to ourselves and our posterity. None of which |
would be accomplished if our Judiciary were cleo
tive. We could have no Union, because, our Jul |
dietary being elective, the Republican party would
be in the ascendant, and this would be considered
cause for the Southern States to take up
arms no Justice, because the Judiciary would be |
biased in their opinion; no domestic tranquility,
for the North would be arrayed against the South
no general welfare, because it the Union were d.
yided, it would be divided into sectional parties
no liberty because liberty includes Justice. Thus
we none of the objects for which the Constitu-
tion was formed would be accomplished, if our
Judiciary We're elective.
This principle Of elective Judiciary is also directly
opposed to the Declaration ofIndependence made |
by the Colonies.
One of the reasons of that Declaration reads thus
He" Chat is the King Of England) 'thas made
Judges dependent bis will alone for the tenure /
of their offices and the amount and payment of |
their salaries" Thus we see, even at so early |
date as July 4th, 17T6 the Americans in Congress
assembled gave this as one OF their principal rea
sons for that Declaration.
And il they thought that Judiciary which hold |
Tenure of its office from King, sufficient reason
with others, 10 declare they 'are and of right
ought to be free and independent States 2 50 ought
we to follow their example, and preserve our Ju-
dietary tree from every power On earth, SO long |
as they behave themselves well. !
But waive the question and suppose that the |
policy Of eleeting judges was a right one. A man /
would be placed before the people as a candidate;
he might be elected by an overwhelming majority !
but would that make him competent to fill the \
office, because his political views accorded with |
the mass? Far from it.
The Supreme Court is the last resort Of the Amer |
lean citizen--the sold Guardn Of his liberty; bring
it not down to nngle in the petty strfes of polit
ical parties.
By its integrity and ability, by its blessings which
have fallen on all alike, by every consideration of
fitness and policy, we are urged to let it alone,
Let it alone, teach lessons of wisdom and ex- |
perience and warning from ages past as they tell |
of crimes deep, dark and damning committed in |
the peoples name. Remember that popular rage, |
in the name of the people, murdered the Athenian |
that popular frenzy produced the |
reign Of terror in France; that popular madness