American citizen. [volume] (Canton, Miss.) 1864-1890, 1878-02-09
An Elective judiciary.

pointed by the Governor and cons
firmed by the Senate, as under our
present system, OF should be elected
directly BY che people. as and,r our
old Constitution, is befng ffoslS dis
cussed. In fact the question is
already assuming such proportions
as to warrant the belief that the
present Legislature may pass an
amendment to the Constitution, to
be submitted to the qualified elec>
tors at the next general election,
looking to the change above desig-
mated. At the time of the adOp-
ton and ratification of the Consti>
tuition of the United States by the
OOnve ntiOn, or Leg islatures of the
old original thirteen States, it may
be safely asserted that, in all of
them. the judicial officers were
either appointed by the Governors
of the different States, or elected
by the Legislatures thereof in joint
convention. We have always
thought that the mode adopted by
the Federal Government in film g
the bench of the Supreme Court OF
the United States, which mode was
and is still, by appointment By the
President aud confirmation by the
Senate, had something to do with
inducing the different States to
adopt the same in reference to their
judiciary mode.
Independently of this considera>
ton, however, there was, as We
think, another controlling Influence
which was that, although our faith
ers had achieved their independ-
ence, and the States were free and
sovereign, the common law, as it
existed in England and Was prac>
tised in the Colonies during their
Colonial existence, remained intact
in all the American States engaged
in the great re& OluiiOn and we all
know that in the country where it
had its origin and f1ourishetl most
successfully, and from which the
CoIonists originally clme, the King
was the dispenser of all lavOrs and
the creator of all officers, judicial
and otherwise. They lived, breathed,
and had their official being by his
will alone.
This traditional fondness for pres
cedents continued to exist during
the administration of Gen. WASH
ington and the elder Adams, but
when Mr.. Jefferson, the apostle of
American Democracy, supplement
ted by the French revolution, came
into office in 1901, the scales fell
from the eyes of the old fOgies, Gas
they were called, and the people
were then, and have been since, res
garded as the source of all power,
So far as elections are concerned.
One by one the States-Connecti-
cut taking the lead, as we now
remember-fell from the old system
of appointing and confirming the
Judges, until, 1t may be safely said,
at the time of the late unhappy war
between the States, not half dozen
created their Judges in any other
way than by direct election by the
people. That it has worked we'll,
for US at least, all that is necessary
to do is to look at our High Court of
Errors aud Appeals reports during
the elective period and compare
them with the decisions under the
appointing system. Comparisons
are said to be invidious. Indeed,
in this case there is no comparison,
but a miserable contrast, greatly to
the disadvantage of the latter sys~
TEN.
We are then for electing Judges,
lust as we elect the Governor and
other State and aud county officers,
directly by the people ; and we trust
that the present Legislature will not
adjourn before they propose an
amendment to our present COnstitu-
ton, to be voted upon at our next
general election by the qualified
voters of the State, looking to this
change. The argument that Judges
may be elected by negro votes will
not do. 1t proves too much. II
they, the negro voters, can elect
Judges, so can they elect the Gov>
ernor and other state and county
officers. Either have these latter
Offices appointed by some power. or
let them all alike, Judges included,
be elected directly by the sovereign
people. They, under our sy stem
are the source of power and should
have a voice i'll all matters that
concern them.
The Russo Turkish war is virtu>
ally at an end. An armistice has
been signed and the halt has been
ooIIau Tn TnrkaV'S ri innlp0 con