Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-06-30
A New Constitution again.

The elementary division of govern
ment into three departments, each
charged with a distinct class of du-
ties, each Independent of the other, is
happy invention ofthe human mind
which has made Republican govern
mcnt successful. II is the fortunate
adjustment Of the judicial, legislative
and executive powers in the Amcri-
can government, State and Federal,
which secure the sure, safe and peace
lul exercise Of popular will-the only
sovereignty which, Of right, can rule.
In this division Of powers the gray
est interests of the general public are
necessarily cdnfided to the Legisla-
tive and Executive departments,
while the most sacred concerns of the
individual are, of the same necessity,
committed to Judiciary. 1t is this
department which passes upon the
life, liberty and prosperity Of the cit
izcn. And the execution of such a
trust requires the highest degree Of
purity and enlightenment, comDati
Die with human nature. Its agents
should be removed as far as possible
from every temptation to swerve from
the direct line Of justice. The choice
of judicial officers then becomes
matter of the deepest Importance TO
the people, and the correction of any
errors in our mode of filling judicial
positions will be subject Of the high
est consideration in connection with
the adoption of a new Constitution.
In the people all power resides.
And while modes of constituting the
judiciary by other means than direct
election from the people have strong
and able advocates they are not like
ly TO be adopted with satisfaction or
benefit. But the abuses which have
brought this into disrepute NAV, in a
large measure be corrected by amend
ments TO the Constitution dictated by
experience. Aud this has abundantlv
shown that the highest qualifications
should not only be eXacted of the
candidate in the first place, but that
all those temptations which the hope
of reelection casts upon him should
be removed. His term should be
long enough in the first place, and
his compensation sufficient, to secure
the service of the abest men, and he
should be entirely Withdrawn from
the arena of politics and the necessity
of curryinS favor.
How shall this be done?
BY simply rendering him ineligible
for IA second term, at least for con
siderable time.
Legislative departments are de-
signed to express the popular will,
and Executive departments to execu-
te it, but the judiciary should be con
stituted alone to conserve the rights
of the citizen. The people create
them all, but no man after donnine
the spotcss ermine should be per.
mittcd to become the servant of local
ma ajorities or the slave of powerful
personal influences. Judges are but
men, and few men can resist this
domination when they have laid be.
fore them the most seductive bribC
that can be offered to the average
American, which is nothing else than
+ public place. With the allurins
prospect of place before him he is toC
apt to forget his high judicial funct
ions in political scrambling and per
sonal intrigue, and such Il temptation
ought not TO be offered the arbitrator
of our lives and fortunes. Longer
terms with ineligibility will secure
: most, if not all, of the advantages
: sought by those who favor the Sc
lection of judges by appointment
without trenching upon the right o
the people to create their judicia
agencies. The principle Of ineligibi
r lity for second term as to the of
4 flee Of Governor was wisely incorpo
Q rated i'll our present Constitution, ant
its soundness has been vindicated BY
G experience. The necessity for such {
g provision with reference to judicia
offices is still more apparent. Let /
= be engrafted upon the new Consttu
tion.
There is still another class Of officer
S who should be rendered ineligible
for second term. We refer to tn,
# collecting officers of the Common
wealth. Those who are familiar will
g the official history of Kentucky wei
: know the ruin that has been wrough
: to sheritis and their surctics by tn
d efforts of incumbents TO secure thei
y reelection, and they well know, toe
$ the influence these same sheritls ma,
Q exert i'll their own behalf by
II shrewd use of the public funds ell
+ trusted to their care. How easy t
4 delay or forbear the execution q
s process in the interest of powerful
IS litigants? How easy to unnecessaril