New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-02-02
agep 0rIeans Republican.
IFFlClAI JOURNAL OF THE UNITED STATES.
OFFICIAL JOURNAL Of THE CITY OF NEW ORLEANS
lFfICLkL ORGAN Of TRE REpv8uCAN PARTY.
QUALIFICATIONS OF JUICES.
EDIToR REPUBLICAN:

EDIToR REPUBLICAN:
As one of the people who are 10 be gov
erned, and who expect to abide by the
laws, it may not be inappropriate to enter
a protest against a provision of the new
constitution requiring a qualification Of
three years practice of law in this state for
district judge, and two years practice Of
law in this state for parish Judge, which
works Injustice to the citizens of the United
States, as well as having a bad effect upon
the people who are to be governed. A
Judge of Republican tendencies is as neces-
sary as governor or any other officer of
the state, and a Republican convention
should be as strenuous of its principles on
the bench as in the forum. There can per-
haps be but little effect produced by the
efforts of q private citizen as against res
olution adopted by constitutional body,
but the people are to vote upon it, and they
4 should Know what are its requirements.
tThe qualifications of district and parish
Judges make, certain amount OF law prac-
tiCe in this 3 ate necessary, which certainly
is Ii eonhis with the constitution of the
Unif@2 Stats, which states, article four,
secti0 second, "The citizens of each state
shall N1Sf Untitled to all privileges
and ia IN tiles of citizens in the
several seAe3.n Is there proper harmony
between a. two constitutions, and may it
not be SCI BUS objection to It's adoption
by congre The provision above alluded
to has The merit of being the only one of
the kind in any one Of the states Of this
Union, as adopted in their constitutions,
and does not require any such qualification,
provided he is citizen Of the state. The
question also arises, can gentlemen of
known loyalty and ability be found in the
different judicial districts and parishes who
can qualify for or are eligible for the posi-
ton of judge. The question can be an
swered at once now. There are parishes to
my certain knowledge which have no one
VINO can be eligible, and think some dis
tricts are in the same condition, and there
is no doubt whatever that there cannot be
found Republicans enough who are eligible
as required by the constitution as it now
stands. The consequence is that many
country parishes and some districts will be
unable to elect judge, or if there is
enc elected there can be no
choice, but any one having the
qualification Of practice in this state, re-
gardless Of antecedents, or whatever his
proclivities may be, is bound to be taken
up by the force Of necessity, and in many
cases no judge can be elected.
The constitution may embody all the nee
essary principles of free government and
the laws enacted under it be liberal, yet if
the Judiciary is hedged about with the
qualification Of practice in this state it will
be in a great measure in the country
parishes and districts thrown into the hands
of those who do not sympathize with the
principles of free government as now
established by the Radical Republican
party.
The Judiciary is equally as important a
branch Of the government as the executive
and Legislative, and it seems as necessary
that it be kept in the hands of the Repab-
licOns ia order that the principles be fully
carried cut, and that the people may have
the benefit, which will hardly be the case
under the present qualification,
CITIZEN.