The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-12-12
An Elective Judiciary.

conscience no security against tyranny and
oppression. In our own State and day we
might cite instances of men of high social po-
sition, of hitherto unsuspected integrity and
irreproachable moral character, falling VIC
Tins to the venal sin of avarice. Men who,
standing highest in the public esteem, when
entrusted with public and private funds, have
become defaulters and embezzlers to enormous
amounts No profession or calling can plead
guiltless to this moral lerelicton of public
and private duty. Even the sacred desk has
not escaped its whitening touch. Many of its
occupants have yielded to the tenpter and
made shipwreck of their previous good name
place and profit every incentive to moral in
tegrity and uprightness, in the higher walks
of life, seem to be overborne by ambitious av-
arice, until all the ancient landmarks OF pub
lie and private virtue seem obliterated.
At least no one when dazzled by the bewil-
dcring maze of promotion, seems secure from
the prevailing sin. Its rapid increase has fur
nished cause for serious alarm to the friends
OF humanity throughout the world, and given
them just grounds to distrust the permanency
Of our free institutions. The fate Of Mexico
Is often held up IS the mirror of the approach
ing fate OF the model republic, and as we are
compelled to admit, not without some cause
for fear and apprehension.
The masses of mankind are instnctively
honest. The moral sentiment implanted in
1. t1,< 81 tl,a LII.
love of justice and right. All reform is but
the work of its instrumentality; all progress
in civilization but its growth. 1t is the God
like in man, the image of the Creator stamped
upon the creature. Its force is irresistible.
1t knows no defeat. The more it is DISTRACTED
the higher rises its swelling tide, till like the
Father Of waters, its resistless currentsweeps
all instructions before it. II was the
cause of the Protestant reformation and all
other reformatons- 1t put stop to religious
prosecutions, established schools and colleges,
founded asylums, and raised man from down.
trodden serf to consciousness of his own
dignity and destiny. In this Western world
itresisted the aggressions Of British tyranny
and founded government of the people FOR
the benefit and protection Of the People, and
not for the benefit of privileged and gove,v
ing class. And at the present moment :. !.
hurting back the traitorous tide Of T. granny
and despotism which an arro.snt and self
constituted aristocracy j. seeking 70 ;mnose
upon free people ir n,,,a Of III = novor,mo,,
Of our fathers. w ''A''''"'
This nor
..g direction for want of sufficient INTEL
ligence to guide it Alright, and thus for
time waste its force in worse than useless
endeavors. But it is sure to correct its errors
by the light of experience, and finally to tri-
umph. Yet SO perverse is the human heart in
some instances, that when once clothed with
little brief authority and power, ambition
seeks to increase and render permanent that
power at the expense of right and justice
The individual or party once In power claims
the prerogative to rule. The democrat of
yesterday becomes the aristocrat Of to-day
without even change Of name. All sense OF
right and duty is thus swallowed up in the
idea of elfaggrandizement, which is the
source OF official corruption. Our object is to
show upon principle that the most vulnerable
point to this vice in our institutions is that
which has been least respected, the judiciary;
that 1t is here the most strict watchfulness
and stringent guards are needed TO protect
community from its dangers.
When all departments Of government be-
come corrupt and diverted from the legitimate
~l...t IF 70, creation If No othar daor iS onep
revolution becomes the natural and moral
right of the people. But fortunately the wis
dom of our fathers in framing our State Con-
stitution provided for such frequent elections
by the people, of the executive and legislative
departments, that no occasion for forcible rev.
olution can ever occur. II these departments
betray their trusts and the rights Of the peo-
pie, the evil eau be so speedily corrected at
the ballot box that no serious consequences can
ensue The same may be said of these de-
partments of the general government
But with the judiciary the case is quite diff
ferent. The functions of this department are
TO protect and maintain the rights OF the peo-
ple against the usurpations Of both the other
departments, and also the rights of one indi-
yidual against another; to see that equal and
exact Justice is done between the government
and the subject, and between one subject and
another 1t is by far the most important de-
partment therefore TO the people, and should
be most intimately allied and directly respon
sble to them. Yet what seems most strange
anomaly in government OF the people, In
our State as we'll as nation, it is ineffective
and entirely Independent of them. 1t is re
sponsible to no power on earth; for as Jeher
son has said, Experience has already shown
that the impeachment it has provided for Il
not even scare crow 1t has no more sym
pathetic alliance with the people than If 1t re
celved Its appointment from foreign power
or was hereditary.
By the law of its own existence therefore
its sympathies are against the people, and Ii
behalf of its parent Executive and frater
nal Legislature 1t is called coordinate de
partment of the government, but 1t is no
created by the people, as are the others, bu
1t Is the creation of the Executive. Hence IL
all disputes and controversies between tn
other departments of the people, all presump
lions are made TO weigh in favor Of the for
mer. All assumptions Of power by them ar
TO be sustained unless clearly forbidden by th
Constitution. "All acts of the Legislative ar