The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1879-04-09
S P E &c IL
J.F.BRENT,|o RAPIDEsPARISH,
ON THE PROPOSITION To ELECT THE JUD-
GEES BY THE DIRECT VOTE
OF THE PEo-
Delivered in the Louisiana Convention,
on the 22d Of Aprit,
1645.

on tHe s~U " ApTD,
| 1915.
Every motive of sound policy AND
expediency requires that the judici
arg should he independent of the ex
ecutive and the Legislature. Any
other organization of the three de
partments, would lead to the most
deplorable results. Our only safety
consists in keeping each of the de-
partments separate from and indie
pendent of the others; and the true
and proper independence of the ju-
dietary is to be found in elevating it
above the control, and placing it be-
You'd the. reach of the co ordinate
branches of the government. The
Judiciary is the balance wheel of our
POLITICAL system. As the balance
wheel in the machinery of q steam
boat, regulates the stroke Of the pis
ton, the movement Of the valves, and
the harmonious action of the en-
gineaeven sc, is it the office of The
Judiciary, to steady the movements
and working Of our system, by Civ.
ing force and proper direction to, the
Other. powers Of The government. In
q pure despotism. all power centres
in the. monarch. He is at once leg
islm or, judge and executive, just
in proportion as you, divide; and. sep.
arate these powers, you advance from
monarchy 70 republicanism., Pro-. =,
x s.* y X
But gentlemen tell us',,that. the
great and paramount objection IS, 70
have the judiciary independent Of
popular clamor. Sir, these gentle
men San, see danger ahead, but in
one direction, They seem to have
~ fear or dread, except of the power
n f the people, # they can obtain q
Judiciary independent Of The people,
no matter how servile it may be to
The legislature, or the executive, they
have leapcd tie frai,ion Of their
hopes. independent Of popular cha
NOR! yet they say nothing Of legis-.
'a,ive cfamor, venality and cofruls-
lion. AS for myself, had rather
the judiciary should be a thermome-
ter, to indicate the rise and fall Of
popular excitement, or that it should
be a, weathercoek, TO designate which
way the winds Of popular feeling
blow, than that it Should be constf!1
tuted into court Of | record, to regis
ter the edicts Of tie executive man
sion, or tue mandates Of legislative
usurpation. With aaijudiciary ap-.
pointed for term of years and fuls
ly responsible to the power that APP
points them, we are not called upoii,
to say, whether the Judiciary shall
be subordinate to the legislature, Or
the executive, or whetherIit shall be.
responsible directly to the people.
The election Of the judges by the
Legislature is the most Objectionable
mode that could be possibly devised.
An adoption of this system would
lead to the most disastrous conse.
quences. It would pollute the.
streams of our legislation at their
fountain head. Corruption and We,
nality would sit enthroned in the
council chambers of State, and ,opr.
legislative halls would be made an
arena in which hungry office.seekers
would be pitted against each other.
Besides, it is blending Of powers
utterly incongruous and irreconcila-
BILE. Nomination to Office is an ex-
ecutiye function. It is the duty of
the legislature to pass laws and not
elect judges. The Introduction of
this system would inevitably lead to
lcgrohing, barter aofe votes frauds,
venality and corruption without end,
and in no point of view is it such "a
system as ought9to meet. With the
appreciation ofthis Convention q As
however there1are but few advocates
Of it'upon theafoor, i will pass With
our further examination . Of dts
defeets.gsd "a staoxs .blaasaF1 -.
a.-A ,gaN* $50 10 = $40 ~ ssiTa*'
Butt wetare7teld that by this sys-
tenn we have n guaranty for. q good
anpoiptmeDt. in the responsibility