Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-05-08
ssThe Judges Should be Elected by
the People,

matters which are of interest to us propose
to make few observations upon the ELECTION
of the judges by the people.
"Governments derive their just powers from
the consent of the governed, is the formula of
people, respond the American constitutions.
This is the great principle upon which our
government is organized; and to carry the same
into effect practically the governments divided
into three great branches called the coordinate
powers of governments Coordinate, from the
Latiu co. for CON, and ordinatus, perfect partici-
| pie of ordindre; meaning 10 regulate; equal 10
rank or order; not subordinate.
And these three great coordinate powers
are the legislative, executive, and Judiciary
| powers which are of the same rank and degree.
The question now resolves itself into this: The
people vote for the officers OF TWO of these
branches, to wit: The legislative and execu-
tive; and | propose to conGoe my observations
more directly to the election by the people of
the remaining branch, to wit The judiciary.
The authors Of the Federalist, Hamilton,
Madison and Jay, were opposed to the eectlng
of the judges by the people, for the reasons
mainly that it would degrade the dignity OF
the bench by connecting it so directly with pol,
itics; and that those who were most competent
to fill the position of judges would be those
whose reservedness of manners would make
them unpopular with the people, and thereby
debar them from securing az election to the
position which they were most competent to
fll.
But their ideas in regard to this subject have
proven themselves to be delusive and not war
ranted by facts.
1t is obvious that Capitalization of power
verges upon the monarchica theory of govern
ment, for as the judiciary is conducted now un-
der the appointlve system, 1t is not lndepend-
ent, or equal to the other two powers; but it is
swallowed up in them, and is, therefore. de-
pendent upon them for its very existence;
| when from the intention of the fathers il is
evident that they desired it to be as perfectly
independent as either of the Others and not
fettcred and destroyed by them.
These three great powers Of the government
should be OF the same rank and degree; but
they cannot be Of the same raUk aud degree if
one is dependent for It's very existence upon
another.
Aud Montesquieu says: 'There can be no
liberty where the Legislative, executive and ju.
dietary powers are united 10 the salhe person
or body of magistrates.
The people in our government are supreme,
and why that obnoxious clause was inserted lC
our State Constitution, which was framed 10
1859, can only be accounted for by the number
Of Northern adventures who met 10 the con-
veDtion which framed that instrument.
The appointve system is arbitrary and I'M
Just, because, under its regime, the judicial Of
fcers are appointed to judge the life, reputa.
ton and properly of the citizens without his
having the least chance to say who shall or
who shall not be judge
The judges are nominated by the Governor
and confirmed by the Senate aud it is evident
that the Governor cannot tell who is the best
man for every section in the broad territory
under his management.
The appolntive system is tottering and
crumbliDg everywhere, with the weight of its
own corruption; because, it is anti Republi-
can, and Inconsistent, and at war with our
theory Of government.
Our Constitution, and all of the laws in ex-
istence uuder it, are wholly silent upon the
idea of the life tenure of Office, excepting only
in the case of Judge, aud why that exception
should be found there is because, of the Fed
eralist referred to, to whom the whole plan was
but an experiment, which they feared might
not be successful, but which the experience Of
the large and densely populated States OF New
York and Ohio, and many others, covering
period of more than twenty years, has quoted,
and has trumphantly proven to be the purest,
safest and Gost successful policy ever pursued
with respect to the Judiciary. This long trial
of an elective judiciary presents not single es-
tablished case Of corruption on the part of the
judge, and not case OF impeachment has ars-
en- under it; whereas hardly session Of the
Legislature and Congress within the past twen-
ty years but whose records will show PROPOSE
tons for the impeachment of judges holding
their positions by appointment. And several
n la -. lo1,
ton in Congress by the Committee on In.
peachments, viz: Judges Durell of La, Della
hay of Kans, Chase Of Md, Peck of Mo-, and
Watrouse of Texas.
Perhaps [ could find no example of the ap-
pointive system which would illustrate its past
history better than George Jcfreys, who was
Chief Justice of England during the reign Of
James the Second For he worked against the
city of London which had been his first patron,
and tried to destroy its liberties. He was one of
| the counsel for the Crown Oh the trial of Lord
RUSSELL and conducted himself so villaiDously
that he was made Chief Justice of England in
order to effect the destruction of Algernon Sid
ney. He was also concerned in many other ju-
dicial murders of the same character; he pre-
sided at the trial of Oates aud that of Baxter.
% May l5tb 1855, James the Second made
him peer by the title of Baron Jcffreys Of
Wen. He was the second Chief Justice en-
nobIed in England, Hubert de Burgh being
the first And of the prisoners brought before
him 800 were hanged and Sal ordered to be
transported and sold into the slavery of the
| tropics. He boosted that he had hanged more
men than all his predecessors since the con-
quest.
1t may be easily perceived by any intelligent
unprejudiced observer that this appointiVe sys-
-, hast ,pta hot
the State and United States Courts. 1t was
born of wrong impression and is destined to
an inglorous end Respectfully,
JOHN f. BLANHEIM.
The Last Days of the Great Bankrupt
Sale.
To-day and tomorrow will positively close
the great bankrupt sale of dry goods, by Messrs.
Green & Williams, at their auction house, cor