Year: 1861

THE JUD6ESHTP.


Tie people Of this Judicial Dittriot hav'


been waiting patiently for a commission


from the Governor to be issued tossome ont


to fill the vacancy acknowledge to exis


from the first of theptesent month to Jan


uary. 1t was expected that in so plain ,


case the Governor would not hesitate tC
appoint the gentleman that the voice Of thu
people had proclaimed as their choice. The
commission does not come, and the reason;
why are said o'be that Governor Downey
is so much the machine of party that he
has not the moral courage or stamina tc
appointa worthy gentleman simply because
he is not Democrat. That nrgst be thc
reason as no other one can be offered II
is possible on excuse might be founded on
some trifling technicality, but common con-
sent among those who are best informed in
the Governor to partisan objections. In
this respect, if the impressions be true,
however popular Governor Downey may
be, he is behind some of his predecessors
in libeiality. Ina case like the one pre-
sented to him from this District, there is so
little doubt as to the course he ought to
pursue, that we would be willing to submit
Il to % convention of Democrats to say
what the Governor ought to do in the pre-
mises, feeling confident that there could be
no other verdict than that Mr.. Mcfarland
ought to he appointed. His appointment
would settle all difficulties, while the ap-
pointment of any other person may not
That alone is sufficient reason why a com
mission should Immediately issue TO Mr..
Mcfarland. But we suppose none will
come.


We make no doubt that if some Demo
crat of supposed capabilities should press
his claims before the illustrious Accident
at Sacramento, he would not be left
long in suspense. Indeed, the Governor
mas gone so far as to admit as much, if we
are correctly informed, and that too, with
out taking into consideration that the diff
Guilty in the law might not be effectively
remedied by such a step, as it would if
the District Judge elect were the appointee.
Surely this is not the way to promote the
public interests. The conduct of Governor
Downcy in this regard does not add to his
by any manner of means. He
should have the moral courage to look to
the interests of this District, untrammeled
by partisan bigotry. We want legally
constituted Judge, and the Governor can
easily meet the wishes Of the District in
this respect, and at the same time prevent
any conflict er clashing between rival
claimants for the position. He does not do
his duty if he does not so act as to accomp
lisb k9ta objects at the same stroke, and by
one man.


While the Governor is undecided and
balancing between justice and party, Judge
Searls, by the almost unanimous wish of
the people of the District, is continuing
courts and dispensing justice. The proba-
bilities are that he Will hold on till the first
of January, when if the present Governor
should be found looking in the laws and
customs of his party to learn whether he
can, without stain upon his Democratic
honor, issue n commission to the Judge
elect of this District, We can pass him
by as we will have to make no
appeals to his successor to obtain the nee
essary authority for the new Judge to act,