Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1874-02-06
The Constitutional Convention.

question Unrestricted suffrage In the elec-
tion of Supreme and District Judges.
The question was long and ably debated
pro and con. and on the final vote, by
yeas and nays, was defeated by majority
OF three votes. The following Is the
proposition, introduced by Nj. EWING,
of Fairfield county
AT the first election Of Judges Of the Su.
preme and Circuit courts, under this Consttu-
tion, each eector shall vote for no greater num-
Der Of candidates for each OF the said courts re.
specnvely than majority Of the Judges thereof
then to be chosen.
"The General Assembly shall, BY aw, submit
70 the electors Of the State, atthe general cleo
tion IN the fall Of 1878, the question whether
the following section shall be made n part Of
this Constitution and II majority Of the votes
cast ou the question shall be for the adoption Of
Ihe amendment the same shnll thereafter be a
part Of this Consultation, to wit;
SEQ. rs. In every election for Judges the
Supreme and Circuit courts, when three pr more
are 10 be chosen Of the Same court, and for the
same term OF service, each electer shall vote for
no greater number of candidates than majority
Of the Judges of such court and term then to be
chosen
"But II the foregoing provision shall not be
adopted, the Legislature shall provids for the
determination. by lot, af the terms Of the Judges
of said courts 6rst elected under this Coustitu-
tion, so that the terms shall end at successive
biennial periods as far as practicable"
Ead the proposition passed the Con-
vontion and been adopted by the people,
it would have opened wide the door for
political p piriz nship In the Circuit and
Supreme courts than which, no greater
lmpediment could fall In the way Of jus
tice.
The following which we clip from the
Cincinnati Commercial is the argument of
our r representative, Judge Cook, against
the proposition
! Nc Cook-Gn enieavoring to ascertain the ul-
| innate reason or supreme cause Of law. we nuSt
| recognize IL as a consequence Of the limited or
6nile nature Of man. or the result OF the creation
Of being free, but limited in knowledge and
| power. And as this connection Of law with
! mans nature is inherent and must endure as
| long as life. so law of necessity must govern
| and control the actions Of his life, and not be
relaxed, as some have contended, as morality ad-
J vances.
Law contains within II an idea OF the eternal
and while il should harm 1nize with morality, 1t
can never surrender its dominion.
Human nature is indeed imperfect, and must
ever rema 10 so by reason of its finite and limit
cd powers. But from this we are not author.
lied to conclude that it is altogether bad. Man
indeed is susceptible to both good aud evil
70 hold otherwise would be To consider him
| a being deprived Of liberty and forced TO a des-
tiny without power to resist
From this II follows that the law does not pre-.
suppose an absolutely depraved will. But an
the contrary, il contains within it (if indeed, il
is not its funda meutal idea) the notion Of
mans elevation. For the end and object o
law is lhe snnoblement Of man aud the psrfec
tiuu of human society.
Hence from both tie nature Of man and the
| object Of law. it Hresistably follows that al
should, as directly as the form ot government
will allow, participate in the enactmeuts OF law
and the history of our Law shows that this ha,
been the case. Nowhere is this mnre clearly
shown than in the formation Ot the common
law, which was taken from the customs Of Iht
people, and with the guarantees required, il wa
unless each individual in ;he community O
State had partic pated in it, used its authority
against his ueighbor as law.
And now, in our legislative elections by sin
gle districts, each individual is as fully repre-
sented as II he were present and acting fo' him
; self-and, indeed better-for in such large an,
tumultuuus assemblies, the weak lungs wnulC
then, as now to a great extent. have to yield 4
the loud .muuthed and instead of intel ect RI inG
J it would have TO give way to wind driver
through stentorian vocal organs.
But, however great the necessity or manifes
law-making power, neither logic or ethics requir
that he should ba represented by the Judge
whose sole duty il is to determine whether tn
law has been violated, and ii 80 by whom. In
deed the nature Of his duty seems to deny tha
either party should be represented by tue Judg
} who ia to decide the cause.
. Good government requires, aud such has bee
the argument here, that the Court should be IN
dependent. 1t should not be the representativ
E of either party. The only questions whic
should be asked in the selections of Judge
are is he honest? is he competent? Honest
e aud competency are the only qualification
& which should be required Of Judge. But no'
it is sought to add that Of party fealty.
And while in all the other departments O
State we leave political parties to alternate a
the vicissitudes of party success Jr deteat ma.
e favor the one or the other, and allow the peo2l
3 to ignore party altogether il they choose
the elections Of their officers, we are asked, to s
arrange the judicial article that the people
this can have no choice in the matter. but n
q auire them 10 the formation Of these Courts
:, keep up party distinctions, when it may hav
disappeared from all the other departments
t State thus making the two highest Courts II
~ political bodies par srcsleaee OF the State. Wha
ever the people may will to do elsewhere, in u
l. organization OF these Courts their hands must
O tied and. they restrained from exercising the
:, judgement. And, however odious it MI
y become the people are deprived the exercise
, franchise to free themselves from the ours
u But If the Convention determines that such is
e be the political status of these Courts, then Il
'r proposition should be so amended to Sc Gu
Y the right OF representation OF all the polite
2, parties uf the State.
o This proposition divides the Court bstwe
a. two, which is evidently intended 10 be bstwe
o. the Republican and Democratic parties. Blu
at desire that the Grangers shall also be repr
8 scented here, and any other parties which IN
80 wish il. II it be true that this Is the place
u minurity representation, want all the mino
u, ties represented. This system will be known
III the future as tho fossiliferous age Of parties
O. Ohio, aud when the process Of petrifcaton
Is gins, each will be put 10 an eternal quietus.
to aIAll political reformsFn this country have be
a brought about BY party activity, but il you
Ii, ta adopt proposition to ascertain the hume
re cal strength Of each party in the State, a
a give to it its equivalent Of the Offices, you "
to destroy this activity, for each will be sats6
II with its quota Of the spoils annually doied {
Ia to il, and prefer rather to enjoy them in deu,
~. than To hazard a change for the reverse
~ struggling for more and then all the e
nc which arose from party activity will be lost
oe the country. Then you may take in sail, t.
p down your flags, nail down your matches, a
N moor the old ship of State, and leave her to
We in the fogs and damps OF an inglorious inact
es ity.
1t 20
th "Mrs, Asa, of Western Kansas, is tw
ty-nne years old and has fourteen cl
dren." Fourteen Asas Heavens WI
prodi2iOus pOkar-hand that won
q H.. hoJI o,,.,,,Ja n,,-- To,,r