Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-07-23
Ia the Editor of the freeman

In your issue of July 9th, l notice an arti-
Gle signed c. W. W. written in defense, or
rather in justification, of certain voters in
Illinois who have lately elected Judge upon
the distinct pledge that he would reverse a
decision of his predecessor that was obnox-
ious to them.
That some layman, little versed in the
making of laws and the method of their in
depreciation, should have set up such plea.
would not seem strange-but that an actual
law maker, intimate from long experience
with the processes of Government, and the
rules by which Courts are governed, should
SO stultify himself is indeed incomprehensi-
bic. To what purpose is an Interpretation
of law that must be restricted by pledges at
a party election? Why should the people of
Illinois have judges if their opinions are to
be furnished them beforehand? To nv
mind such interference with the judiciary is
the thing most likely to make Republican
Government an unsafe and an unjust one.
A Court, when the law is plain and ex-
plicit, cannot look beyond its decisions for
their effects. To ascertain and act upon the
true meaning of the law is it's duty, and
when it goes beyond that and wrests the law
to meet the interests of any party, it has
wronged the whole nation-and indeed all
the nations of the earth who look upon a
Republican form of Government as the true
one. For it is direct proof OF the argument
of those who hold that the people rnnnot be
trusted in all cases to elect their officers.
The principle of p!edgng any public officer
to a particular line of action is bad and SUBJ
versive of good government-whichf fact none
should know better than G. W. W. Indeed 4,
| can hardly believe that he would allow his
constituents to SO restrict his own judgment,
even though the penalty might be the loss of
his high offce-at least such sentiments
would do him honor, and such is the manner
of man take him to be- Such a course does
not involve disregard of his constituents
wishes, for all elective officers are bound to
consider them either favorably or otherwise,
unless it be judge, and he should look only
to the law for guidance.
doubt not but that the voters whom c.
W. w. attempts to justify, have suffered
many grievances and the courts may be In
measure to blame. Admitting that, it is
none the less true that the people took a
weak course to rectify the matter, and one
that if persisted in, will bring them more
evils than they have already suffered.
Unjust judges can be impeached, and un-
just laws repealed. This guarantee of JUS
tice is furnished by every State Constitution,
and if the people of Illinois have a corrupt
Judiciary this is the way to weed it out; and
if their laws are improper or oppressive,
they have Legislature whose d uty it is to
unmake and remake them, and it is their
own fault if it is not composed of men eapa-
BILE of doing it correctly.
am no awyer and do not need to be one
to know how absolutely essential to good
government it is that judge should be
wholly unhampered in his legal opinions by
outside influences.
That being my opinion, [ cannot but view
with alarml such Entertainments upon the
independence of the judiciary, especially
when supported by the pen and influence of
so distinguished man as your CORES
pondent.
There is no question that the people, as a
body, are SO little fitted to decided as point
of law But after decisions have been made
under law, and its workings noted, it then
becomes an easy matter for the people to
judge whether the law is just one, and if
not, they can have it repealed by the Legis-
lature, which is the proper instrument for
the exercise of their power.
W. @. B.
Cantor, N. Y, July Is.