The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-10-16

PORTLAND.
Wednesday Morning, 0;t b r le. 1867.
An Elective JadieJary--CaIifsr

l.
In some OF the States the people have car
med the democratic principle to its last posi-
oie development, and made their judiciary
elective, nom the judges OF the supreme
courts down 10 justices of the peace. The
consequences have not been SO disastrous as
antecedently might be expected. In exeeo-
4 tional cases, Democratic constituencies have
sratiied their predilection for corrupt officials
| by clothing demagogues and shoulder hitters
| with the ermine-a raiment which becomes
| them no better than would a pair OF arehan-
! GELS wings. Judges McCunn and Cardozo, of
| New York, would never have received an ap.
p)intment to the bench ffom the Executive
OF any State. The formers forte is pronounc-
ing all particularly valuable statutes, uncOnst
tutional, and the latter is even more prolific in
injunctions than the President is in vetoes:
but in Justice to his Honor il should be stat
ed that he does not act without discrimination
in the exercise OF the most formidable spe,
cies OF authority with which he is clothed
His judicial fulminations are always directed
against the execution Of those laws which
most fully embody the spirit OF the Decalogue
and of the Declaration of Independence. In
tor of the roughs and sporting characters of
Manhattan, who, as in duty bound, have
nominated him for reelection. Another
instance of the unfavorable results of
making the Judiciary elective occurs in
Maryland. Ii even Governor Swami had
<I,o .,f he l.
might look for qualifications in addition to
those arising from distinguished services in
the Rebel cause. But disloyalty seems to be
the sole merit of the nominees of the Balti-
more Democrats. Where, however, the more
important judicial officers are to be chosen by
the people OF whole State, a more creditable
selection is usually made even by the Demo
Gratis In Pennsylvania they have just elect
ed Sharswood for Chief Justice-a man who,
like our own s Gov. Pillsbury" is personally
an individual of more than average ability
and integrity, but politically infamous. His
predecessor, Woodward, was in like degree
good jurist, and bad patriot. a
These judiciary elections ought not to be
controlled by partizan considerations, aud all
good citizens desire not so much the selection
of men who are closely identified withipoliti-
cal parties as those who are the most capable
of giving righteous inter, probation of the
law 1t is little satisfaction TO secure Judge
who is sound on reconstruction or impeach-
ment, questions I'M which he had no jurisdc-
ton, if.he at the same time leave the State
prey to cut-throats and thieves, or disgrace
his high office by venality and crime.
( To-day the people of California are to de-
eide whether John Curry, Republican, OF Roy
al I. Sprague, Democrat, shall preside over
the Supreme Bench Of that State for the next
ten years. Curry is the present incumbent
and has given universal satisfaction dur ne
the term which is about expiring. His Dem
ocratic opponent, so far as known, is not OBJ
jectionabIe on the score of defect of ability or.
integrity; so in this case there is no reason
why the election should not proceed on strict
party grounds. Other things being equal,
there can be no objection to each partys
striving to elect a. man of its own political
faith. A Superintendent Of Public instruc-
tion tor four years, county and district judg-
and Justices of the peace are also to be elect
ed. Since the State election all schisms in
the Republican ranks have been healed and
the Gorham and Fay wings OF the party unite
in the support OF Judge Curry. Neverthe-
less, it is not impossible that the demoraliza-
ton consequent upon their late defeat, united
with the lack OF interest usually attending
judiciary election and the partial failure of
the party in Pennsylvania and Ohio, may
give their opponents a second victory. If
such is the case, it signifies not hing. The
North, from Maine to California, is as sure for
liberty and justice, and against Andrew
'fJohnsor and treason, as it was in 1866. m
- The election OF September 4th resulted as
follows: total vote ~, ,l0S; Haight, Democrat,
1856; Gotham, Republican, 40,252; Fay, In
dependent Republican, 1000; Haight's major
ity over all, 1904. There win probably be
large falling off in the vote from these figures.
At the judiciary election in 1865, the total
vote was only 59,466. The Republican ma
jaritY was nearly seven thousand. In 1864
Lincoln's majority was is, ,293. se5 .,s,I II.