The New York herald., 1873-11-02

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Review or the Religious Press
Its Views ON tho Appointment OF
| Judges and Other Matters.
The principal topic Of consideration among
our leading religious contemporaries this
week is the proposed amendment to the
constitution of the State, providing for the
appointment by the Governor with the advice
and consent of the Senate, of the judiciary
officers, instead of their election by the people.
Diverse views are given in this connection,
some of our pious brethren thinking that
just as bad men have been or may be ap-
pointed as have been elected by the people
Instances are afforded where such has been
the case, and inferences may be drawn accord
ingly.
The Christian Intelligencer (Baptis) reviews
pamphlet upon the subject of an elective
Judiciary, and expresses itself as fully per-
suaded that the election of November 1873,
brings before the people Of New York one of
the most important of all possible civil ques-
tions. "There is no hope OF reform on this
point from any political party" adds the
editor, ''and it is therefore all the more i'm
portant that they who can and will learn from
! experience and who desire the welfare Of the
State shall use their utmost endeavor to secure
o return to the better system of former days"
The Baptist Weekly observes that under both
systems (the appointment and the election of
the judiciary 'political influences have largely
determined the appointments because the
dominant party, whether represented in
Governor or at the polls, has always favored
the elevation of men known to be in sympathy
with their principles. 1t is not to be denied
that popular vote in certain districts gen.
orally puts unworthy men on the Bench but
the same cause of complaint existed under an
appointed judiciary, without the same oppor-
tunity of redress An intelligent and virtuous
people are as capable of choosing their judges
as their Assemblymen and Representatives in
Congress, and it is grave question whether in
. normal republic those who administer our
laws, as we'll as those who make and execute
them, should not receive their appointment
directly from the people. When. however,
we think Of the creatures who have been judges
| in New York city and some that still occupy
the position, we could wish most earnestly that
the judges were nominated by other than the
lords of drinking saloons"
| The Independent urges all the people in this
State to vote for the judiciary amendment,
believing, as it AYERS it does, ''that appoint
ment rather than popular election, will, as an
average fact, secure better men for judges,
and then make them better judges when in
Office. The abandonment of the system in
1916 has proved to be o mistake, which the
people now have the opportunity to correct"
The Christian Union takes an unusually
strong view of the subject-strong as it usu-
ally is whenever it undertakes to advocate or
deprecate religious, social or political move
ment The editor quotes an 'honored men,
Der of the New York Bar as affirming that
under this system (the elective judiciary
murders, manslaughters, abortions aud other
startling crimes have become SO much more
frequent as to send a thrill of horror and
alarm through the community. The greater
boldness, frequency and success with which
the insidious and suspicious defence of in
sanity has been interposed, and the newly de-
veloped art Of excluding nearly all men of
strong character and definite opinions from
the jury box in all cases of the higher crimes,
have not escaped general attention. The
more frequent conflicts of jurisdiction, the
discreditable disputes about injunctions and
receiverships, and the multiplied appeals and
the increasing rumors of political influence
oil over the State of late years, none but the
/ dill ipJ hou foil 1aJ 70 r1,
| serve"
| The editor of the Christian Union regards
every word of this testimony as true, and
thinks it might be made stronger, and still be
| within the truth. ''What, he asks, "can be
palmer than that it is our duty, at the election
which is soon to take place, to cast such bal
lots as will rescue us from the longer endur-
ance, and the still more costly calamity, of
bad system, which we welded in haste and
have had bitter reason to repent of at leisure?
The Judge differs from all other officers, in
that he does not represent constituency
that he is elected to carry out no policy, that
he is of no side of no party. He is removed
from all temptations of passion and partisan
ship that he may determine law and equity
with absolute impartiality. Is it likely that
people can, during violent political contro-
versies select such ON officer wisely 2"
| The Freeman's Journal (Catholic) remarks,
touching the election on Tuesday next, that
there 'are vast agglomerations of American
citizens that are firm and set on the basis of
the old-fashioned way Of doing that has by
tradition been called democratic. All honor
TO them. All good wishes to them. When
all comes to all the old party Of real liberty
that Tom Jefferson wished to represent
will be found face to face with the blue-bel-
lied Puritans that want to hire policeman to
take our children to school and to tax us for
hia nav md 10 enn and Lnnw what we cat and