The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-11-26
THE ELECTION AND APPOINTMENT
OF THE UDGES OF THE SUPREME
AND DISTRICT COURTS, AND OTHER
OFFICERS.

egates of the constitutional convention for
judicious action, we deem it wise to discuss
in advance the mode and manner of seeur-
ing good, efficient and competent men Tor
filling the various offices of the State
whether they shall be elected and APP
pointed, whom, and howe There is no
difference of opinion, we think, in relation
to the election by the people of the Cover
nor, Lieutenant Governor Attorney Gen
eral, Comptroller, Treasurer, superinten-
dent of Public Instruction and Commits
sioner of the General Land Office. There
may be differences about the manner of
Adjutant General anu oupelTIlSenSss41-
Immigration.
This article we shall devote to the judi
ciary
Government is composed of three sepa-
rate and distinct departments, viz: Execu-
tive, Legislative and Judicial. Correct
principle requires, in order that the govern
ment be truly representative, that each of
these departments shall be elected by the
people and directly accountable to them.
The Supreme Court is really the judicial
department of the government. While
there are distinct and subordinate judges,
they are all under the control and supervis-
ION of the Supreme Court. These subor-
dinate judgeslIage jurisdiction and decide
causes, but they exerise Jurisdiction ari
make their decision upon pfmiples in ac-
cordance as such principles are adjudged u,
the Supreme Court. The Supreme judges
having to expound what the law is, as is
well known to every lawyer, have more to
do in practical effect with shaping and
making the laws than the Legislature.
They decide ultimately on the life,
liberty and property of every citizen in the
State. 0fhcers who WELD such powers
should be elected by, and be accountable
directly to, the people. There is no dan
ger In submitting the election of Supreme
judges to the people that they will come
under improper influences to any man OF
set of men. Experience will prove that
they will be chosen for their high character
as men and ability as lawyers.
The representative principle is fully salts
fed IN the election of the Supreme Court
by the people, as they are substantially the
judicial department. The manner in
which the district judges shall be chosen,
whether by election or appointment, In
wolves no principle, and presents simply a
question of expediency. It may be, if
elected, that some of our districts where
negro majorities prevail will elect incompe-
tent and unfit men. In others, where the
whites preponderate, but the negro vote is
considerable, a plurality of Democratic
candidates may result in the election of a
Radical. And if Democrat should be
elected, in such cases, he must be man Of
such character as viii stoop to any means
necessary to get that vote. When one
fourth of the voters are negroes, they viii
hold the balance of power, and force q
compromise upon one who is not the frs
choice of the Democrats. II elected, the
district judges, to the extent of the Radi
cal vote. viii, in proportion to its strength,
uC NOutaluAu1tCO ~ ~ SASCpS Au TIC &c"
instances where there is only one Demo
cratic candidate.
Experience shows that men are not back
ward in pushing their claims to such desira
bic Offices as these are; and that usually there
/ viii be a scrub race in which the shreWdesi
demagogue viii carry the negro vote. Tit
conditions surrounding the ballot now ar'
radically different from those under which
good district judges were elected before
the war. Before adopting the experiences
Of that date as the basis Of action, it vii
be well to consider these changes.
Public opinion in Texas, in view Of thes'
changes, heartily approved the clause o.
the present Constitution requiring the sP
pointment Of the district judges.
Governor Davis's infamous appointment
ana the expressions and cOnuPtiOns result
ing from them have caused q revulsion o.
feeling in this regard, which nay possibl,
lead rs into error, unless the ground is care
fully surveyed Happily il is rare in th'
history Of State or people that 90 non
strous a perversion Of corrsct principle OBJ
tains in Tie administration Of q g0vernmen'
Is existed when Davis was Governor. LEI
rs hope that ths Divine displeasure On thi
and that v.
ed in tie fou