The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-03-22
p - - q g.

p Guar Eioc1oa q Tu5Eca-
The e safe Convention Of Al.lams bal
a prop Afion b~iOr IL (which We L-li-s.
wa ~ sPsedJ prn'id.nE for a chang i.
the law making jS.dFes elective ly prpai
lar vcAe- Accord ing 70 is terms the a.
rein iuent Of jus ises Of the Supreme and
CIR exit Courts I'D chzuesllor-. Is 10 h.
" @ted IN tho CO vy1nor. b and with ihs
advice and c. OF tise S~nAie-ihs
present inc uHfocnls to r~fnain in ehe'
during the 1ae ior which they Wete
ei-oted.
Ven str onF Arguments Hay be adducf d
both for a 81 seainsi tie r~lection of1uigrr
~ dirrct rofe u the people. The custom
Is o-riainl A. more ia conformity with a. ?
popuzlr sAeory Ct cur instItuiion-- That
all PsTsr resides IA the peopi-ihat
public nf5cexs ar Eublic srrTanis, and de-
sivr tlnsT zutaoiify irum and are directly
accountable "a the people. But then Il
uay be replinsi that ours j. a rrp~resentH-
tive Government, not q pure Democracy.
&c the the5ry Of uEl uiied popular Gov
erunent i 20 prevail. wiy tFOuble ou'-
zrlye. " ith e~xpen-iye m tchineHy Of L~gi-
lafur 10, C'Hgfeases. nr even Judge them
s-lves? Way not subm . all questions Of
Gov'.rnm-ni and right to the fountain
sou ve Of power. aud let the people in
their primary cspaei'y decide them Why
not make ali official t~--r-ouage-. C-abiuel
ofde r.. Ambass4doT- 70 foreign Govern
uneuts, OfHoers Of he Army and Navy,
Judg.s Of ths ?. deal Courts, Pos m ~
ters. A4rshais &c, dependent upon the
p Tular vote for thrir appointments.
This wtuid BE- carr ing cut tie theory
which lies at the bottom Of the election
~ Judge By the people. Any variation
from this. Is. 10 faat rxieHt. 4 departure
from the real doctrine OF popular Govern
lent d~priving of the people OF q
portion o. their authority and vesting
IL beyond their reach, in the hands
OF iBdrviiufls. Yet no one would for
= om-n entertain the thought of
reducing our Government % this radi-
cal basis. IL i thus app ,rrut that sll are
agreed upon c-rtAu lmitati AS bring
pIto-d uP5H the popular expression. The
principle having been yeidrd. it becomes
purely q matter 81 e1Pcdl-nc5 ~ to what
extent Lhe iu1itstiOu -haIl h. Imposed.
IL . la this light that the mode Of cleo
ting our Judxdes is u BE- viewed and con
sidrred. Tue simple question: is. whether
u best COMFORTS with the public inter-st
that they SHOULD BE- elected by the people.
nr aHrra.rHF.A 49, Tho. -aH-4n.F-N sna.N. sH.-
peoples autLortty-which will b. the
surest method Of securing pure snd able
judge aud promoting the end for which
laws aud judges are made. This Is a lat
Ter Tor public consideration. sHl which w.
shall not take the trouble TO di-cuS. Oh
wa. SIM iy u show that the sp
%pointnlrut OF judge. instead Of the r
election IS the mss- Cf tie IeoYl~. l. not
antagOni-tic 10 the nature of our GpVeru-
n-nt aud Institutions. It /. worthy ct re-
mark. however, that the fram.r- Of the
Constitution and founders OF our GJv-rn-
msnts, State and Federal, seem n-yyr 10
have contemplated the election II a Judge
by the popular vote. Their idea We that
the Judiciary should ~ rendered inde
pendent OF, and sbpve the popular cltnor
and prejudice. so as 10 insure imp ,~rtislly
and justice IN he admIni-trati0u 81 the
judicial ofiice. That he might not in tx
pounding the law and giving decisions IN
%volving the property aud lives OF his Eel
low -iiizrn-. be exposrd to the temptation
~ asking himself how il would affect
- ~ r.
fret innovation upon the practice found
ed ~ these views wAs made IN the radical
North, and has thence extended through
nearly all the States South Carolina, we
believe, being the only state in which the
original custom of appointment still ex
ia its entirety. And there is NJ other
) ate where the tone OF public sentiment
i, so elevated, where the public liberty is
better secured, justice SO perfectly admin
istered aud i m~tgngi-m placed at so great
a discount. That Slate has preserved the
representative festure Of its Institutions.
and checked the tendency TO radicsltsm.
carried to is logical cnnsequ-nces
At the North has brought the present
svifs GEon1d oousrfN-%TSaniA too.
20 South Carolina the most cphaf-
fative Of all The States. only . lev yesrs
m ,de her judges elective by The PEG
Die. The change has not given s~Rti-fac-
ion. and there are evident signs that the
irst opportunity sill he taken Of re-ch ing
ug the Constitution aud returning to tn
,ld system.
The public feeling in N ssissiPpl. We
Is N .asor Of popular elections for
III oficers. aud We do mot intend by what
re say to be understood as advocating n
lift rent policy. it is designed to show
he people that there are two sides 10 tin
question. and set them to thinking about
{. The tendency Of free institutions lik.
,urs i, TO radicalism, and from that to an
Il is this that we have chiefly to
s~gsinst. in the present temper Of
he times. If We would preserve tn
blessing. of free and stable Government
0 Ourselves and eur childr, n.