Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-07-28

ELECTIVE JUDICIARY.


By the terms Of the present Constit ution
all judicial officers from the Chief Justice
down are elective by the popular vote.
The inevitable result of this feature is to
render the Judiciary partisan in its feel
ings and in its decisions. To our mind
nothing can be more disastrous to liberty
and to the rights OF the citizen than this
necessary consequence of the elective sys-
tenn. The effect of this innovation has al
ready been felt to the injury of good gov
ernment-.o the detriment Of public inter-
ests, and to the temporary overthrow of
civil liberty. The ubiquitous attempt of
Governor Holden to insugurate civil war,
as q means to perpetuate waning Radical
power in this State, was based on the par
tisan action of partisan judge, who de-
clined to hold his courts-falsely alleging
as the reason for his refusal that his life
would be ieopardized by going into Ger
tain counties, whereas it was well known
that the Radical Sheriffs of those counties
had never experienced any difficulty in
serving process and making arrests, and
that the people were entirely submissive
to the law.
So, also, nothing can be more at vari-
ance with the high duties OF a judicial Of
fcer than the conduct OF our partisan
Chief Justice, who officially suggested to
the Governor to act on the tyrant's plea
" that the safety of the State is law
higher than the Constitution by which
many innocent citiz ans we're arrested with
out warrant of law, were denied hearing
dungeons and deprived of their liberty for
many days, and the civil authority in those
counties was entirely subverted.
These are only instances by way OF illus
tration of the evil effects of electing par
tisan Judiciary. But the elective system
entails another curse. At times of exciting
elections. men who are entirely unfit for
such offices, are elevated to exalted posi-
tions on the judiciary, simply on the SCORE
of party availability, because they are good
party men
Thus we have had his Honor Judge
Jones-indeoent in conduct, disreputable
in association, and disqualified By drink.
ing to face a long suffering people when
his crimes were charged upon him. So
also We have Tourgee-the Cain marked
who stickles at nothing to serve the base
purposes of vile party. So, also, his
greasy Honor of S.. 600 bond noto1iety
aud the cowardly, lying poltroon. whom
the Chief Justice says should resign, as
the best means to secure peace and order
in the West and him, too, who mistakes
brass for wisdom, and petulent arrogance
for legal ability.
Such judiciary is curse to our peo-
pie but in addition we have sable JUS
tees who cannot read. administering our
laws and determining our rights, men who
practice OF night what their duty requires
them to punish by day, and better &C
quainted with the paths to hog pens than
with the plain precopts of common justice.
Farcical- criminal result of an elective
Judiciary!! Shall not such things be
changed by Convention Shall not an
attempt be made to restore our old system |
hat during hundred years preserved our |
Judiciary so pure, so spotless. that no i'm
putation was ever cast upon 1t, and no
charge ever brought of incompetency or
Of partisan bias against the Judges
If there was no other necessity for
this alone would justify its
,all. Our judiciary have done more to
piure the State than all other causes COM
,ined. Indeed, the imbecili.y end COR
upton of our Judges have been the
ause. directly and indirectly, of all the
ng. There must be reformation in the
-nAana and In Aha irdixidnala ar Ahano