Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1874-08-06
-Ioont;n..el from Frs Paqe. ]

eonfronted with them on the Bench.
Thus the half of a short term is ccn-
snmed before the incumbent is really
Qualified. The remaining half OF the
short terih is made anxious and judici-
aIIv improbable by apprehensions rs
70 his fate at the next election
A turn of the political wheel may
+orminate his official life. He may
hava left and lost a lucrative practice
hy accepting a position on the Bench.
IN returr, to private life, after the sac
rif;ce of a business built up by the pro-
fassional labor of years, is not a pleas
;n0 contemplation, and not well calcu-
iafed to give calmness aud undivided
attention to judicial inquiry. Thus
short judicial terms are Incompatible
with eminence and stability.
BESIDES, lawyers of the highest schol-
arshin and fitness are not always will
ing to sacrifice their profession for ludl-
cial position, the term OF Wnich Is so
hrief. and its duration ga entirely ue-
pendent on political contingencies.
Some. fascinated by the honor, may DO
so. but it is more desirable that the IN
cunbent reflect honor upon the POSI-
tion than that the position should re,
fleet honor upon the incumbent, ana
this can rarely be the case unless the
term be OF sufficient length TO lnduee
the sacrifice, and give time Tor the III
pening of that experience SO necessary
= d;sfinction. The luster of Marshall
or Story. a Gibson or Shaw, would
scarcely have reached this generation
if the terms of their judicial career had
been limited to five years.
II ia objected. however, that five
years is long enough for q bad Judge,
and good one may be reelected. IN
fortunately for this argument, however,
the reelection of a Judge does not de-
mend upon the manner in which he mas
discbarged his duties, but upon the as
cendency of the political party with
ub;ch ne is associated. This is the
raneral ruie. to which the exceptions
are accidental.
Rut it is wholly improbable that an
ill-adyised or uniting choice Will ever
he made for Supreme Judge. II such
should happen, it can be remedled by
impeachment or removal. 1t would,
however. be greatly preferable that one
had Judge be endured than that the
whole Cou.t he rendered inefficient and
unstable. Length of term will induce
Greater care in the selection, and per-
Sons of greater eininence will be more
willinu to accept. The people do not
nnrnoseIy choose uniting Judges.
Thair embarrassment and difficulty are
IN induce good men to accept. This
can certainly be secured better by
making the terms and compensation IN
degree commensurate win the
sacrifice and great importance OF the
nositiou. Our Supreme Court is the
Greatest and frmest bnlwark OF our
iherties. Senate5 and Legislative bod
les are essentially political, and swayed
nv the passions and emotions peculiar
tn nopular excitement. The Court is
the rock of conservatism. ltexpounds
Constitutions and administers laws
In its hand is the disposition OF life
liberty and property. Against its sollo
hulWark the waves of popular passions
and tumult expend their force. Lifted
in theory above the influence OF these
and guided only by the eternal prlncl'
ples of truth, it stands upon The hrm
basis of the Constitution, and says tC
these, ssThus far shalt thou go, and nc
further.u 1t is wise, then, aud eml
neptIy fitting that this department o.
our Government, lis conse fVatlVe
branch, have such stabliity OF tenure,
no adCa ned with such learning anC
clothed with such impartial purity thai
the scales of Justice will be ever equal
iv noised. To this end the Convention
I,hored. and for these reasons it pro-
nosed the terms and compensation re-
commended for your adoption.
THE COMMISSION.
The iuadequacy of the present judi
cial force has accumulated four years
of unfinished business. 1t is necessary
that This business be disposed Of. 1t Is
unwise in principle, il is unjust to par
ties litigant, that this accumulation be
east mon and break down the new
Court in the outset. 1t is therefore
nrovided that the old Judges remain
in. in Office shall discontinue dis ii com
mission. and dispose OF the accumu
lated mass. Unless this be done the
new Court Will be at once subjected Il
the embarrassment under which tht
old Court now labors.
It is further provided that in case 0
like accumulation In the future, tht
General Assembly may, on the appli
cation of the Court, and upon beius
satisfied of the necessity thereof, bu
not otherwise, authorize the creation o
another commission, to be appointed
nv the Governor, with the consent o
the Senate, but not to continue for
longer period thau two years. This
done to avoid the necessity of perma
nently increasing the number of tn
Judges or of calling a Convention Il
afford relief in such contingency.
Objection has been urged against tn
policy of creatsug these commissions
But the plan has been resOrted to il
other States and found to work wei
But one of two courses is practicabl
when the business to be disposed of eA
ceeds the capacity of the force to do il
There must be either permanent in
crease of the Judicial force or the cres
ton of temporary Court. But the az
cumulation OF business often arises fror
Temporary causes not requiring PEI
inanent force to dispose OF 1t. A ten
rorary Court is therefore all that is n
uuirad in such case, and for this tn
Convention provided.
EXPENSE OF THE SYSTEM.
Tt has been objected that the propose
system increases the number CT til
Judges. and hence augments the el
perses of the judiciary. This is tru,
But the Convention sew no way |
avoid it. When the business of a me
chant, mechanic or farmer is largel
increased be is necessarily compelle
toemploy an additional number of /;
borers or suffer the business 10 renal
uudone. The same is true of govern
mepts as of individuals. Since tn
adoption of the present Constitutio
the network OF railways which no
checkers the State. the countless niu
titude of manu- 'aetories which hay
sprung into existence; the opening an
working of our vast mineral fields
then undeveloped-the duplication {
our population, the tbfeefnId augmer
tation of our commerce, cOnspirin
with our geagrs phical position, whic
has made Ohio the carrying ground {