The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1891-05-23
AN APPOINTED JUDICIARY.

tlnue to be appointed by the Gov
erHor, by and with the advice aud
consent of The Senate. The decis-
ion will be surprise TO those
who have watched the develop
ment Of American State Consti-
tutiOAs.
This mode of selecting the judl-
ciary was adopted IN the National
Constitution only after protruct-
ed deba.e and after the election
of judges by the Senate alone had
once been agreed upon by vote
of six States against three. The
fear Of the executive power grew
less, however, ms the convention |
went on. Alexander Hamilton
was the frs. to suggest the plan
adopted, and 1t was strongly
urged by the delegates from Massa-
cEusetts, 10 which country as
the old reports have it. this meth
cd had been succe' sful for l40
yeats. DR.. franklin urged
discussion Of various plans, him
self suggesting one that be ascrib-
ed 10 Scotland, by which the law
yers of the bar should choose the
new Judge. They always select.
ed the best man, said Dir. Frank
I'm, "because they were anxious
TO get rid Of him aud divide Up
hls practice. In the debates, II
rs n ,teworthy that no mention is
made Of the election of the judi
cary by the people.
Tine Massachusetts plan was
generally adopted by the States,
and an uppointIye judiciary, cs-
pecially IN the higher courts be-
came the rule throughout the
country. Such It continued to be
until 1870, when reaction set IN
that has continued to the present
day. SO that only eight of the
Commonwealth now entlust the
executive with the nomination or
appointment of the judiclnry. The
eight States are Delaware by the
Governor alone), Maine, Massa-
chusetts and New Hampshire { by
the Governor and CouncI), and
Florida, Mississippi. New Jersey
+ aud Louisiana by the Governor
and Senate
The reasons for this drift have
been two: The wave Of popular
democracy that reached ITS height
IN lS4s, and the desire Tor th'
complete separation and lndepen.
dence of the judiciary. The lat
{ ter cause ls not now oi mucl
!, force. The judiciary is in littl'
danger of losing It's prerogative
II 10 any State. The argument
against the former movement
while strarg in theory, seem no
y to be borne out by the logic o
= events. Ii has been supposed tha
the best class of men would no
= go through II political campalgI
for judicial hono;s, aud that th
II temptation 10 popular las
r would be too great for safety
The same arguments apply agains
y limited tenure, from the tw
years iu Vermont to the twenty
!" one IN Pennsylvania. In Nc'
er York there Is little reason {
complain of a Judiciary electe
for fourteen-year terms. w
to have had corrupt and deinagoaa
Judges, indeed. but the syerag
er uf character has been high.
10 the general term of the Suprem
Court in this city - cspende
"a upon by lawyers 10 follow the rt
or suits OF "newspaper trials"
mu.t be admitted that thing
o might nave been worse under az
N poIntees oi the Governor.
T. But the conservative States Ink
as Mississippi, have seen no reaso
,f to regret their position. In fol
s. elgn lands the decisions of th
u Federal Courts, and of Mass,
Of chusetts, New York, AMI LouI'
ct lana. are most read and resprc
Is ed. Of these, three are Iendere
Of by judges appointed for IIf'
~ Perhaps The action Of MISSISSIPPI
ss will STAT movement io~ar
"a that old + and Theoretically moi
as correct system. But IN the meal
Of time, the success of the 9th
o, method Is tribute to the ArcI
TO con genius for democratic sell
an government New York Adyei