, 1865-04-18

direct or Indirect, conscious or %unCOnSci-
Gus endeavour to do something to lead
others opinion and action also to what is
presumed to be the right goal. In other
words the administration will try to
guide the tribunal. But such q c0-opc-
ration is hardly productive Of any pub
lie benefit, the DEGREES Of the Court will
thereby obtain a personal character as
the public under such conditions will no
longer regard the Court as that imper-
sonal power which settles disputable
points Of law and Furnishes ransgressors
according to rules answering and equal
for all, but will fix its eye on the Judge
himself when he speaks and acts under
external influence, be that influence real
OF supposed. But where the Office Of
Judge is vested In several members, tie
displeasure Of the administration can not
fall so directly on the individual. lie is
personally protected by the impersonaL
Court, his colleagues bear the responsible
lily with him, and in this not only the
Judge will find a powerful support to
withstand the pressure which, especially
in local conditions is often rather opptes-
sive, but the people aetthef will be i@uolin-
ed to regard an influence from without
as possible.
1t may perhaps be alleged in oppoa.-
tion to what has been stated above, that
the apparent Inconvenience are easily
avoided by choosing for Upper Judge q
mar in whose personal 1irmness one ca3
find security, and that a change in the
organisation of the tribunal will not only
bring on increased expenses, but that The
repeated reforming will injure the credit
Of the Court. As We have intimatod
above that q man Of eminent abilities is
not born every day, and that there is lit
tie prospect of being able to induce any
of the few that are born to choose these
islands as his limited sphere, SO difficult
it is to the same extent 10 find that strong
mind that can defy approach to his right
or his left, and yet preserve that eQu&nl~
nifty which q Judge must not fail to he
in possession of. But doubIy difficult
will be the task to find a man who unites
both qualities in himself, viz: an enlight-
ened mind and force Of will, intelligence
and independence. 1t must furthermore
be admitted that the confidence OF the
people will be shaken in an institution
which is liable to frequent change and
alteration, unless the change and altera-
ton be evidently founded on a natural
and harmonious development, for the CON
clusion will be, chat such an institution
cannot be sound, powerful and strong.
We also admit that an alteration is in it.
self an evil. But to bring about changes
without a pressing necessity is Que thing,
and to set aside that which the people
have already stamped as not answering
their rightful claims is another thing. The
question consequently resolves itself into
an examination of the greater or lesser
prevalence of the dissatisfaction, and the
greater or lesser intensity of the wish for
o change, We have already stated above
that we do not believe any just conclu-
sion could, in reference thereto, be drawn
from the unffequent manifestation Of this
wishsby the public. He who mixes with
the people will know it better !; silence
has other particular reasons which every
one will easily be able to divine.
A return to a plurality of members in
the Upper Court we believe will meet
the undivided approval Of the public;
they will, in the vesting of several men