The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-01-18


tho judicial Department. Of the Gov
eminent. ,-.
r. The present Legislature is, 10 itself, and in
its surroundings, one of the most peculiar
ever convened. 1t composed, almost exclu-
sively, Of members Of single political
party its minority, -representing an Or
ganization not merely of uncertain numbers,
but of doubtful existence lis too small to
give effect to any word either Of advice or
remonstrance. The election of its members,
too, was made upon principles and issues
with which the State Legislature has, prac-
tically, nothing to do. The vital questions
that will come up before Representa-.
tives, have hardly been discussed before
the people and, so far from having formed
an opinion in regard to these questions, most
men are hardly aware Of their existence.
The public mind, too, is entirely attracted
by the crisis in our national politics, and
can hardly be persuaded to give its atten-
tion to local affairs.
And yet, in our own, and in other
States, there has arisen question, relating,
for the present, entirely to State interests,
of greater moment than any now threaten.
ing the existence of our National Govern
ment. Great sectional differences, wide,
spread local rebellion against the Govern
ment, threaten our Union as one nation !;
but the insidious advances constantly in
progress towards complete, absolute De.
mocracy, threatens the existence of all our
governments, State and National. "Vir-
tues" says philosophical historian, are
but mean, any one of which, if carried
into extreme, becomes vice )" and univer-
sal history, as well as our own experience,
teaches that the best government is neither
the extreme of absolutism in the individual,
nor in the mass, but that it lies somewhere
between the two. Modern Europe has,
with few exceptions, always endeavored to
find that mean in Limited Monarchies
America, on the contrary, has sought to find
it in Limited Democracies and England
has led Europe in the one effort, as the
United States have led America in the
other. 1t is Of less consequence, perhaps,
than is generally considered, in which direc-
ton our efforts are employed for, if sue
cessful, the practical results are much the
same.
The limitation of monarchies, is to pre-
vent the monarch seeking his own good
rather than that of his subjects and to
inform him, as it were, in respect to their
real needs the limitation of Democracies,
is to prevent tyrannical majority from
seeking its own ends rather than the benefit
of the people, as a whole and either limi,
tation can be effected only by giving fair
expression to the final, ultimate convictions
of the entire people. The great danger Of
Democratic tyranny is from hasty action
upon sudden impulses. Hence, the compli-
Gated system of our Legislatures the great
care evinoed, especially in our National
Legislature, to secure body of men re"
moved from the influence of the temporary,
fluctuating emotions Of the people, to act
as a check upon any over-hasty legislation
that might be attempted in the more popu.
lar branch. The necessity for this check
has been admitted by its practical intro
duction into almost all forms of representa-
tive government, and our own history fur
nishes one of the best evidences of its eff.
cheney.
Other checks and balances were provided
in our Constitution to secure the perpetuity
of our government, among the most i'm
portant of which, was the creation of an
independent judiciary department, the
tenure of which, for life, was thought by
our forefathers to be not only the guaranty
Of that department, but the best guaranty
of all the departments of the government"
As far as the general government is con-
cerned, that guaranty has been preserved ;
but in many of the States, particularly the
Western ones, there seems to be general
tendency to do away with all possible
restrictions on the immediate, absolute con-
troll of the people themselves; and that
tendency has especially appeared in the
constitutional provisions for an elective
judiciary, and short tenure Of Office.
How far are we to 90 in this direction
Have we not already gone too fart arr
serious questions for our consideration. W.
are induced to ask these questions, and II
treat of the matters which they suggest
from q knowledge of the fact, that it ha
been q part Of the policy Of the Republican
party, since its accession to power in on
State, to change the system on which on
judiciary is based. This project was seri
ously entertained by members of the las
To,;sJotnre Init for some cause. bette