Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-02-29

NN-N--
suddenly put an end to his most laborious ant
eminently useful life.
A committee of the Legislature have report
ed an amendment to the constitution, provid
ing for the election of Judges of Probate ant
Insolvency by the people. Such movemen
must occasion no small surprise among th'
constituency of the Legislature. The question
of an elective judiciary, either in whole or il
part, had no place among the questions of thu
not elected upon any such issue. They will
not be expected to give legislative effect to any
such issue. They will not be blamed, if, il
this instance, they refrain from so DOING rath
er, we think, they will be applauded
1t is an imperative maxim in legislation tc
let well enough alone. The maxim is doubly
imperative in its application to American leg
islation. So great is the temptation among us
to multiply enactments upon our statute books,
and so great are the facilities for doing So that
the danger is, new evils will be engendered
faster than old ones are abated. Undoubtedly,
excessive legislation is the vice of our time
| and country. There is growing conviction
of this among the people; and we believe that
the legislature which contents itself with doing
least will be applauded most. Things have
reached such pass that the constituency are
ready to hail as the Model Legislature that one
which makes the least show upon the statute
books
Let well enough alone, then, or, to put it
into Webster's phrase, When you stand well,
stand still The maxim is especially applica-
BILE to legislation intended to work changes in
the fundamental law. The Constitution now
provides that judges of Probate and Insolven-
cy shall hold office during good behavior. Is not
this well enough If SO, why not let it alone
The provision has stood from the foundation
of the government. 1t has stood well why
not let it stand still? The people have lived
and died under this provision, generation after
generation they have enjoyed its benefits
they have tested its value and they make no
complaint of it, they ask for nothing better.
Yet, in view of this long, this uniform expe-
rience in its favor, it is now proposed to dis
card it for something else. Before consenting
to any change we are sure that the people will
demand the best of reasons for its support In
| the Constitution, the reason assigned for the
| present tenure of judicial Office, is that it i:
the best security for free, impartial and indie
pendent judges. at is the right Of every cit
zen," says our Bill of Rights, "to be tried by
judges, as free, impartial, and as Independent
as the lot of humanity will admit" All par
ties agree, every citizen agrees, that this RICH
must be secured But will any one have tn,
temerity to assert that there is better Sc
curity than the tenure of Office durin,
good behavior? The proposition before tn,
Legislature, is, to substitute for the presen
tenure, a tenure for brief term of years with
out reference to behavior. Is this any bette
security for judicial independence and impair
TALLY, than the present tenure Is it as good
If no better, if not as good, then why maxi
the change?
1t is a decisive objection to the proposition
now before the Legislature, that it makes al
invidious distinction between different classe
of judges. The Constitution now provide
that all judges shall hold office during gooc
behavior. The proposed amendment is, tina
all judges except judges Of Probate and InsolUen
cy shall hold office during good behavior. L
this an amendment? What justice or propriety
is there in it? Can any one give good rea
son why judge of Probate and Insolvency
should not hold Office during good behavior a
well as any other Judge? We are sure no sucl
reason can be given. On the contrary, we I'm
dertake to say that whatever reasons may b.
assigned for making the Office of judge of Pro
bate and Insolvency elective, reasons of ten
fold greater force may be urged in favor of ap
plying the same rule to the judges of the courts
of law. If the propositions are to be enter
aimed, then, let it not stop where it now does
Make the Judges of the Superior Court and O
the Supreme Court elective, as well as thu
judges of Probate and Insolvency. The rea
sons for so doing are greatly stronger, we say
For, in favor of making the judges of the Su
preme Court elective, it may be said tina
some of their functions are political. The,
are to expound the Constitution. They are t
decide upon the consttutionality of fugitiv
slave laws, and other such like laws. In
word, they are required to concern then
selves more or less with those questions
the ultimate decision of which the PEE
pie reserve Immediately to Themselves
1t might be argued, therefore, that such Judge
should be directly amenabe to the peopl,
But no such argument can be urged in refe
ence to judges of probate and insolvene,
They are not political judges they are til
farthest possible from being such. They ey
ercise their functions amidst an atmosphere ,
sorrow, where the passions seldom intrudt
where litigation, even, is the exception and NJ
the rule, and rarely disturbs the subdued quie
of the court To select this class of Judge
then, for the new tenure, and to leave all otl
ers untouched, is strangely to misconceive ii
true state of the case.
We trust the good sense of the legislatu,
will lead them to conclude that the propose
amendment is not a nice one, and that havir
been brought forward without any demand f
it, or expectation Of it, on the part of the pc
pie, il may be safely left to the fate of all u
timely births. CIvIs.
Mr.. Wilkinson, the new Senator from Mi