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va 'f. ;
ilk Airik, , , l ii iik e ti. ,.,..1,
pliiiititioaArti ' Mew On ti ' ,
r i gh r re - .41' 4 ,t :•-- , --..-.4,,. ...i: . •••!..
.'"iii t t e use 0,, relent . , plit 0,4
; i !4‘4, :doe *IMP bats um ale. 1,10
• . ottaend Ow Cousiinsfion. jletr
Ars i i itieatidsk if •fhe.. - .hirteerrity. r
..; , •,'i llv.l , .' ~ ' ) r.,,, , : ~,,gt •,,
l ',l * ** / #4: ll c*lt ; 3 1 1 16 0 gilll k btl l Mltil, 1M
v o l , c op i 4e r atiop, m k pfa x piki l viene•A
had'yurn commenced giving my viewle 44
,the WiniNewlese I was Cutrittby site anti
, trah'et,shes Blending hod r. 4 bf 1 Wijearnmrinf,
-'Phsriber'l remarks '1 *NM -Madb -1 1 nOirf 4iti
•length 6f 'time' thel,llei sitierr,fl , 4l4ll,)isti l e,
111806$ hot, in iiArevieki,l'oeit4qd ttlini
file reeelleetkin,g ; the members, as they,
.tlivie in. Pging ineruntrefrotruny oWari—
Poe the •sake of perspicuity andieouneei.
aloe, I 'will briefly •• reespitalite the mute:
•eleneerof-whae P-thert testa.' ; •'"1 ' l'• ' I
"",' , ,W hen tlito ItitertinptiOi I 'free Weivoi/
leg in iitew dna icthilt`tipiesitlOA,ifial
'mend'the' Cinistitiation, ; w iqh parteitd th e
Ault I ,4l fiiideinlvi And iii ItiM ,befora oe Ler
OW Agtifigh ii . intended inthemennee pro
posed.by .the gentleman .ftort iNerthansp.
tonilltlr. , Porter,) by stikincoili all the
sienfilitOand enttintit dew* to a Mete na
keti'proOrisition to etqii thejutypie in. such
allitlitei es Mily,hireacter 4, jirefbrAwi,hy ,
Inert the effitet of, such amendment most
. oferwessity be to delay,fioal action by the
'moot the•people, until the preposition:
in its chanted form, shall' have received site
Oinetibli of the Ltigielatnre that shall; sacs
• coed tri; insteadef being, submitutiltn,the
"petrpti'in the course of the eenting..surrel
mer or fell. 14 eopport of this view, kre
leered .to the language of tile 10th•artiole
of the. Oionstimtion of Pennsylvania, Which
provides that Natty amendment of amend!
"meets to lihis 'Constitution rutty be pre
"prised in the Renate or .floitse of Beprir,,
"seinstives, and if thh mufti , shell be agreed,
"to by a nivionty of, the members elected
:Via each Home, such; proposod amend
-011181111 qr amendment shall•be entered on
.otheir journals, with theoyeas and :nays
retaken thereon, and the Secretary of the
"Commonwealth shall cause the some ,to
- o'be . Published three months befere the
'aittrut election, in at least cue ne eifsPer in
. "every county - in Wide I a newspaper •ha ll
,"be published.; and if in. the Legislature
«awn afterwards ehoeen, such'propoled
4 , arssereitireel or limendinente *hall ber, a
“greed to by a majority of the members
4 aelee.ted to by
House," then the sern.
alkali be again in like manner published,
anti submitted to : the popular vote at least
three months after. • •
Now if the second Legislature changes
in any material point the proposition as
it passed at first and as It was published;
and then at the , erpiration of three months
;thereafter "(having Leen , re-advertised in
its changed form) the same is submitted
to Me teat of the popular vote, it seems to
be perfectly clear, that the meiraing and
iareetion of the loth niticle will have been
violated ; for the proposition on which the
people will be required to vote, will not be
one that has been agreed to by two sue-,
easiest Legislatures, nor will'it have been
advertised during two periods of three
mouths each• in two succeeding years, but
Suring one only. The one last agreed ter
and advertised is not the one first adVer
tiled and agreed on; and the 'Adel aetiou,
of the people will be predicated' on 'a: fro-,
rice of three months only of the, propeon
tie& upon which they are called upon to
set. and not en a year and three months,
which is the Oat the Constitution requires
and itukhorixes. •
• But the'gentienaan from Northainpton.
seeming tq admit the point now contended
for. has told Its that it. is beet. not „le be
' nub and hasty ; that it is better to be right
Aim to be precipitate.; and trial' it this'
prepositicin, -- es examination,- seeing , to iv.+
quire amendment, it id. not only our right"
bet 'out duty to amend it instead' of hurry
ing ii before the people in a 'defective and
• imperfect teem. But this• is begging the
very question in controversy. Ideny that
it is,aa defective as the opponents of an e
lective judiciary have Gingen to make it out,
and shall preeently examine their object
ions to it in detail, and shoW that they ere"
Without good foundatioe, Merely 1 1 00'4-
. Pig at prespnt to' the feieodeo(the • princi.,
~, ple. that minor and untreparVaae defects.
• .if there really are iny, hid better he. over
. • WWI, than run the hi sand efiperhapir, in-"
defieite ' • • ,„.. amen byrneans of a'ecitt
timied“se tiotinit legislative opera,
tinna con 1 ,:.' interPopitig hUlieruin this,
. ittitsinot a • e final v o te of iye peoPle. ,
~ 00,igenilentan from lluntingten (Mr.
• 'bee ' urn) teldlus, tea, that if, the Lwisla
' tare did nothing but adopt the amendment
*spored by , Iti Jest, withoui-exerielhil
hett lo alter; ante ritt, 00 Oblige it, - thii
•
t oe ' aotioo preVioion requiring,itql,
it o.lo4uneo ot,o+oAcksliturcisfJ
L
ci s , . practically nallittett, ma, the ,
amendment, , a hen it tame' before the. peal
' Phitiateditld go there . as 'the mink of the
• midair -of one' Legislitiurer MO $ that it
vn*id arni6itni"to this 'in' abet, Whdeevei
it might bd in tbrin. "Betas net' ilia gen . -
1 1,efilln, „Cremlluutington mistaken io this
VOILA; . The power, the right, the,duty
erre-the! Legislature is exercised over the
ptoposition: by their assent to or rejection
. of it. Without their assent it cannot go
trittite people, any more than if ther had
never balenlithytietion at all by- our prede
*idiots: The first Legislature suggests an
Weielidoient to the Constitution, which has
reesteed "lit sweet. 'ltio second takes
illepildopts or rejects it. ,It thus has and
tristreisse fall power and• plenary control
°Welt. ' The proposition is as much de
piguititit upon the action of one as the oth
er, Without the concurring action of both 1
iffelitt• HThis Legislature may forbear to I
sittatow stewed, either because it lacks the
Mender the' Constitution to do so, or,
• Wising the power, believes it inexpc
am
teelezereise it. In either case, there
... With aturonder of right or abandonment
44111 1 0 1_ , '' "
' ax,y *Wen, then, is that if we have the
power to amend, as proposed by the gen
ihNPM,froin.Northampten, and should MC
fitilioarcioa it, the consequence mum be
,alOw for enether year; tor the prepest
itiowas changed : in its changed form, it is
ockg Propaition and not that of the bi•giela-
We of ),84U : it has therefore II:Ill the asset it,
trbea, agreed to" by but otos Legislature,
,
. • :t..
~•tt
_1
:V A G.,
• ~Of ..12 , 5 , 4 to 90-...0-Ir, pit
, ,• 4., v...,l•rt.er F vrii•
.• •• ' • ' • • 6 , 1,11 0;,;•t• n. -!1 . 1 ;
$O , l • RIO
r• •• !11 .7.K1 1 :1 1 :12 1. , 11?% 64 " . "1
- trrrystuto;;; Pit ~,,1 111)Atr ETENINfto At Rl4 it, 18 5 . 0 :
•ro crit , i;•ttr »aff :11X%.1 1”..• 1.;') ? ;••• •
ta ~,
iktrillittistledod - tiletiiirlerkbetigfeed'e
brfaitethlre beletle ttle'lienntb;tan.beret
lowed 16 veteilpeetiit‘ •vr
Sot, Ipt -*Monied wive
the Wends:cif an abseil ire jedleitry; dhae by
adopting the atueitdrnest istibelgenderean
!sofa Veribatuptottilibeknotroaly , pntveni
*Westin's far a yewhill.,l3lll/40.-Attk.
IP? OWL, t4,,FP4lMAcifaltqflem+AK ,, . Xi.
,taste up this propose d amenwegt,49„tbe
Constitution, awl cut and carve and 'chip
Hatt! ite Offijititir
'pleawthour , flimsy, arhatlearelittittavriard
tbstahs mitt Legislatursito twhilatieverstind
not , b4, , eqalty fattitibmett• 'They.
,utay /hate Amy. for., amending also; .or,
lAtu may belle jailoup of their privileges,
are of ours, and.niey.like uspchanip"
tinft,litod,ifY.9lo Yllt!,have that of
our Pre*eflentAL-tol' 24;PRPas
than to vindicate their rights and poyer
add dignity ;'and thaw we 'Wiry "have en
internsineble series ofAhreenthigleotionbY
successive legislative bodies, and thelnee
dor whether the judges , shall be 'elected ,
by. the people,wever retch and be rubella
toil Jo *emit all. f. This would be a mode
of indirectly defeating tbia,measure by dem
ti9u upon : whoa there cannot
be itrynd sufficint, number le take the
reeponasbilay, of ,dirFct and potty°, appp
silton. tit, action, should we , fall , le t
to' he snare NA bithe oppeuents of this,
measure,' would be regdrded 'The,
people ; 'and they would justlY hold us ie
tiponsibte for baiing intended every conk
nuance necessarily 'flowing from our de
liberate act i on. peluy is such a cell,-
ouencs, w iklc) caube blind to it. Can
we complai n if they infer , that we intend-
,
'But the op ponents 'bf this antendmerit
of the Constitution, seemingly aware . of
the truth of this' itrgument l , which I Mak
occasion on a former'
,opportuitlty whit!)
Ilill'w,es being Censitived in the Pent
mince or the whdle. briefly to present.,
seek , toshreek or evade its 'force; by Main
taining that .the -amendment proposed by'
the 'Emden= from Northanylon., deps
not change' the Original'amen/ment t , so as
to niake it-i distinct and`diffireritimipeil;
iron: 'The gentlethen from Nitithenatitoi,i
tells us 'that hie amendment only lope off su
parfluitiett7-pares away excrescences.; and
the gentlemani'rom Ountingdon, "Jut hits
that taste frir symmetry, . proportion apd
beauty of whiett 'heiellateelf,e living ,
il
luwtration, denounces the proposition in
its original forin, as "raged and unseem
ly," and seems to think It ivtould be better
to • reduce it to a state of •entire nudity,
rather titan have it offend his refined and,
fastidious, taste by its tattered and eleven
ly garb.
We 'have been told , by the former of
these gentlemen, that the proposition be-,
fore us, with his proposed amendment,
might 'be likened to a 'bill in its pasiage'
through, the Legislature. which may be n.
mended, at every stage. and 4.611 continue'
to be t h e same hill. Bet the gentleman,
'.forgot Mat in the, illustration put. the bill
in its "final form,ia the transcript of the (
mind and die result of 'the judgment pt
the' Legislature that originated it ; -and that
there is no 'provition in the Caristitution
or elsewhere that requires 'that this ulti
mate tie on• o n their part; should be ..agreed
le by the eueceding Legislature. To be
come a law, it must be uagreed to" by the
Executive ; and when, the gentleman men
shoW that when aunt to the Governor ,
be by him "agreed" or"dirogreed" to, he
may alter' dr amend it and then giye it his ;
sanction and that thus altered 'and sinction
ed, it can become a law, • his illustration
will be, applioaable and hist point estihr;
)salted. Bettidest. the illnetnittot fails in ,
other regards. AIM in,itscaurse.through
both houses, ma be so altered that the
member ' who or iginated it would fail to
reeogniae in it any one feature tis his
offspring. This: we see dady exempli
fied. Every provision in it may be than-
ged, The objects aimed , at in the bill,
whether to incorporate a hank,,a railroad,
or canal 'contpany, may be 'attained in a
hundred diverse ,modep, jut; Its rqay
drew an ' Infinite num ber of linett A POMO,
straight, some angular sod some curved,
between . din :emus points; ne.they all a
likaibetstuse.itber run , between the saMei
points? .tvro .are en.incident I and'
Yet that , t/lustration , assuage that- then ere.
So in regard to this proposition. You
may' augganit ortymoded in which tecariy,
eat and give e ff ect tri;thet thti
election of judges, each ratiing:eitheeiti
principle ) d ‘ etsAl l ,buyill,,yelettecto•do
same Rilr,ol"fr
details are kneefaimi 1 1 1 ajlitrAe ;IP , 40 - ';
portant part of every Olin. ULM!' WOOL' to ld
that .141 ;Mee Methods Ind planai , altinntlgh
different are :pet identical". or :that a• plan
with details leinkeeident,with - onorwitb.i
out them ? ;Why,. airA ;4l
gentlentait iskettlivingi - bregthi g, anima- 1
tedbtOdyVlexlibitinethri Palrreetiori of thej
huinad fOrdireititnited bt•fr airi
spirit, tuid"theniliiiviiig
vestments; deAßieitifirif bilectif- 1
med . it, • and dinuded the bones "or•thali
flesh; stir before us the 'naked, gridnitig, l
ghastly skeleton of what was once a'nian
and bid us admire its proportions,' and
gaze upon its beauty—telling us that it
the same harmonious and beautiffil coni
birtation of gross matter with divide OM -
ligence th'at once excited our wonder and'
delight. Now, sir, this is what the gentl&'
man from Northampton in effect does:—'
lam for taking the proposition as it caltie'
to us from the last Legislature, with Out
lopping otf a limb or marring its propor
tions in any wise whatever. Ile takes it,
denudes it by his proposed amendment,
eviscerates it, deprives it of • its vital blood,
its ligaments and sinews, and then, hold
ing, up the naked, unsightly, sepulchral
skeleton, tells us he has nut essentially
changed it. Oh ! no. Ile is like the den
tist who cut off a man's head to cul] hint
of the tooth-ache ! That man's tooth
would never ache again, I'll warrant you
but some people might think it rather a
sharp remedy. ' •
The illustration and the argument thus
both fading, we come hack to our original
conclusion, that the effect of adopting the
amendment of the gentleman frOn North
ham pion, ti 001,1 be to postpone GiMI action
for at least a year and perhaps indefinitely.
N:Lej brie t..4.5i•
0..11 PA:
4.•i1_1 ,, !:,,..,,rt ,ate . c 4 .k . ,, , .!1!) ,10 - IPa ^l4ll
7 „ ttqltAtetr.P4A.#9sll,444FlOglilt . Al l
1
.111141 rilgl'O e ferl,4 l 49 i
et hat. oil( sr , not I 9 9,1fM1 .
fleSiiiriliittni4 'erittltEr tgameteuvitin
blitigtdirfithipt hr Hein I,t, iirit ii:"
* r ' l nikeiti t titfifint inireiVpiitkititinViri
ea3'ftnill.V4WeaninliiiiittiptitHtlfibiN
werdirylif inspoitenfOeisllbia thrpihrtii
elthistszistsivithottlmsilletitiettli'britbuis
nomaistettall. 'l o totd,ifteretentlfitheeit in
avaryspereoend featurooiniptiminvor Wm.
; portant*. ,Zsivial:oz,esasatitikt.antfp.then in
three months after send it to the,peoploo -,I
'spit thegandenianhonift gtuttingdon„who
epuke PI PFAPIO4.Ir, A 4114114; dui .43 nth , mil
40e 9 1 ....tt!P V9,4 1 4 4 4 4 t 4 4 1 4. , ,Khit0r OW
Would not. he .dieregardix . it s entireiy.,- 71
Whit 'firiuM trelt i ttze cks . Po4l.9i,koP,'
the'bA r oitheiiie' of ' the other aide ? ) ray
Wedge thielOin i ddfent; built OA 'en nrigi
tntirliatiftWVhiltrte-leftt-ilifill iuiliiitheif
would not recognize his own offspring . -
untiLths• people whatterd' in' the Umetts•
peso thelfint•atheridatent IS advertised lasf
summer, would Aliso knovethat they' had
ever-seen or heardol:it before,whentthey
shall: tee our tunmendment again in the
papers, , Why. sit, what is that but.to per.
mit this J.kagialature, to, ,disregard' wholly,
arid . sit "fide what the leek logislature has, ,
done, and originate a new. amendmenton 1
the esime subject and send it to thi.Pepple I.
Slr,"the error lies in SUpposingl,that identi
-11 tY of Subject 'Mrittitl
e all that is required
bythe ConstitiniOn.' lidhi'its required aii,
I have been laboritigrtoisheik: Identity in
the prOposition' is whit the • frameri of the
Oonstitudon • intended - and - what its-its*
gun.} e means. if it Means anything. •--
' Gentlemen will :please:to bear in • mind
that, the amendment conies nothefore them
as an original resolution. "•Sir, it may be
that,thero ars members on this floor, who,
if the ..question were :submitted to. them
now for, the umt.time.. would here, preferred.
it igOm Pil44, roFin. frt!PvtodAY. 414 ;1 0 4 10-
1 4 1 4f1 0 4 1 11914,444494. But, 4 1 4 not now
tim
Inated to r °punt) , to have it in that
' 'form. It has b o ur lien ariginate i d iii the oilier
forin;tihd we indict hike it mien it 'ail
vierkiiiiitli:f slid "Milne Aftt t %Mtn - til 4 - Mt
'the'lipk - oftriong Velily'; then there. hi 'in3
alteritstim hot ici'atibirtttliti - ainenditient'iis
it stands: ,- - •',' ;•• - • •' ; ';•• -' ;
•But,.thegentletrien from ' N'orthempteri
says the !tamer of the amendment had nott
carefully read the.Gonatitntion, and aheti
if he,bad, lie .would have discovered' that,
the, eighth section, of the second artiele
tained another prevision, with which this
amendment, if atiop,ted, ; came„ copfl.kiit.
Now I will turn to the gieetipn
what it is. It ',treats '
of '{he dutiee anci
powers of the *Governor ,
Mb Shall ap point a Secretary Of the Com
moniVealth durlhepleasbra, and he Shall
noininate, and tiy and with the advice and
consent of the 'amide; appdirit all' judicial
officers of the courts of record, unless 'oth
erwise provided for lin this 'Constitution.”
Now. Mr. Speaker, the.gentlemararom
Northampton tells us, if we' were to take
away from the Governor the appointing
power, by aad with the cot/mink oldie Sen.
ate, cc now provided, and give.the election
of .thejtalies to
. the people, without an al-,
teration of the eight section of the iteconik
article, there 'will be two propositions
conflict-that this provislim 014,4 t h e
Governrir tlitt'prriver of appoint i ng will lie
in conflict with the , amendment gibing the'
election to the people:' I might ' that
the gentleman from' Northampton has cet
tainly not carefully read and• weighed the
import of this section, for it contains a
limitation--.a qualification on the ‘right
the Governorta appoint -Judicial offioeta,
in the .conchiding clause of the section,
which ,says . "n o cps , odAcrwAae provided]
for in this Constitution," - • I
Now, Mr. Speaker I ask if this. amend
ment shall be adopted by the Legislature,
and ratified by the vote of the people wiled',
er it will not becamepart and parcel of
this Constitution? How many Constite
dont hero we in Piinnsylianla Cie we
same' more than one' at the aaa , time
And is not every amendment 'apProVoil
orb) , the people, and engrafted in the Con.'
guidon, araineh apart and parcel of it as
any originally incorporated in' it• by the
Convention of 1887-8, •and of which the.
.ficitilowlin.from Northampton was an boo,
ored,litiel distinguished: member.? . Certainly
itie. Well, A t , ,this ammendment, •
when idoPtid beciunee iricorpqrstepi ir
originally inserted ,. then se far • Be_ thrtap.
pointmisqt o( thejudges is concerned, it . is
•AotAerdlise iriividedfor in 'this Cohilltt-'
tiOn," * and there is no conflict or incoh`s s.
,teney. walla SailiiVeVy to
thfir Objebtidti of the gefitleintib'lletnNtr&
!Hia t t eir,Aere , inive - bilekit it that: this
nusievalment is not in.eonformity With she
reitillitolumtrffthoConstitution, We he'll
411"33114Pgriod to the concluding part. t the
ten .301eit. , t0.,144end-,
I " Pr1i'1,c 1 47.4 1 }14
than one ameriarA, 4ubruktiisl: goy
.641 lie s'lniiin,rl Ind
'fofiti; diiit the' pliiiptit 'Tem
gainst' each ittlibildrneri, iHittitt talk lifiSh
'told iitat
• slit or eight dtelinct proplidideulf; Anil Mkt.;
I'ol'4lB , in et:inflict Withlbtilirtithdtritir of the'
Constitution. I e
'When' the'bill . Coiiidet*=
lion in Gommitted'of the *We ttoolr
casiott'to eiprsu brieflynny vietvs'on the
subject. but I may be pardoned,es so much
'time has alapeedt: if Ireiterate some of them
at this time. I.ay, then, that there is but
'one proposition .in .ibis amendment.—
'There are some half dozen various mem
bers of it. But will gentlemen take up this
amendment, and point out one single
member of it that can stand alone by it
self, or that does not relate to and ploper
ly belong to the general preposition ,of
which it forms a part—to the chain of
which it is onb of the linki? What is pro
posed to be amended ? 'lhe second sec
tion of the fifth article of the Constitution.
What, part of that section? The whole of
it. It is proposed to strike it out and sub
stitute in lieu of it, another, covering the
entire ground it occupies. What .ground
does it cover ? ,It prescribes the length of
tenure, the mode of appointment. and the
process of removal. This proposedemend
ment covers no more.
The section proposed to be stricken out
io -4PDAItLisIOs tAftDAPRIta.”
N d t lo l i r d.:B,o , aitili6Tiaie. Thu: it
oviu in : .bffinifisTtinietititha afloat
, traliettii" ysihtt fircitthitit *MeV
Weir etttire , and itrop r ottition Otitt
aPhertrwae salvation thervtitt its
thumbed tatentbemiut it i now contended
would belight endlproper ; for the
bera , of thstl distinviabed , bady lutaw that
Paci4dge.ol.4tny . -9*.hrattiati , it
• ISM*
1ia7,14,610W•An1R,M191144:011 witikibermt,
pail it , M9o44ll4 l lkffillirditY , l? wrest
ant
ant nna,aiMentli APFP•iIa 4 , 90,*tr TRvf,
i f°,o4 ad . an g
TA toil* ttey aq e tißy ;an itoint
on'the
maitlWitelinettbld tat' ttiit
artemblild orifiy o ther ' s odttdtm=
we cthi a . 1,.: •. . ,'. is'
-..liba Mt regard** the :debilitate , atisst„lew
fore as, in;the form•OMR Amendment 'untie
Genstilation. , . Aithoegit;,,hasing . may
mambere,,they ar0,411 WO, of. the. seine
hedy, r epd esch.one,,,i4i.4lo - mo% 40 , 0 1
FlERnifchOXid eT0PR1014 1 ;, 0 44 who e.
el gitutiPailwn, from iiH,Ktingcl 9 R, (?1 1 ,%
clrojrn) takes tsptide proposition, en
&stela it . Ile WWI uCtilit it , einbraiii
11
iolliee hror tett' Ada% kmehtlisifists,;
thiit the 'reVisidn tcr elilif' the i jtidgele' in:.
, stead 9 appointist ffida, 'is "die ; 'Mit
whtek'direetti ho* lentil* several )(takes
shall hold shstiriespective Mites; istothe'h
the mode of electing the judges' of the ;Sis
preme court, wheat** itgdistriet or by the
entire,Bate, a thiethh44he iiiethed of.gthoe
soing-the Chieflustica, a henh ; the time
of their'el4tiors,4 6 liftis ; the' I'64lllmA/4;1
q uit they 8E69 , side tethellidistili,b4's
a sixth;,Aheir re-eligibility, a seventh :,ethi
se on throughput the entire amendment, e
numerating, ill recollect properly. , ten' of
whet he'. °Sill* , distinct, proposition*, wads
or which heal* pi shiteneuie Mdse to
acted op 1 9P444; tu/11:67.!‘'.;1Cfl to
;he 'arranged ..hy,e`rdinary I shame, 1
Now,,if thkos.las.indee49le proper .anew
Of the subject,let‘ur•see Nifitst WM be. the
consequences.; for if the &solicitn*llsta'. liel
menifeetirebeihtf; sod tire l - is it iti not
reaibnable - to. sup pose liers,pqn!empli- ,
led by . the,4ooo! of the VOlMlShiliena the
construction ;thatleads to.them I supposei
it will be edmittad,tannot .be 'correct.—
Now•*Wien% article alreadrristWreti 'to,
provides that no amendment 'or amend
ments shall be s,OrsitiOd to the peopte, oft
ener chirWOce'in' we' years. Teti fib**,
live is fifty ;;bb that, according to this dOo:
trine, it would , roc wire just , /4 et , roraor3f,
to have the Cumutution amended in, the'
wanner proposed, and desired by a major.,
ity of the people andltheisrepresehtetives.
Does any sane man believe the fighters or
ibc Constitmian ever , ecmtemplated bitiit a.,
thing t Did mf friend frop Northenipsee,
in subscribing hit name, to the Censlituties
of 1838, dream of such construction t ;. It
would, I am aware, suit his present wishes
and feelings, and those - at ;the; genttimari'
from HuntingdOn exceedingly well `; kir
if they cannot defeat this ainendment, the
next best thing , would be *a keep it. oil for
half a century, and then neither of the guns
lumen would bolero to be affected by ha
operation.
• I diiiie(tb east no imputation on ,the
motives of this `body. I have neithes.„ the
right nor the inclination to do so. ,Lain
bound to presume that these gentlemen
ant sincere in all they say, and direct and
honest in all they (kin 9pßositioll9- gar •
delfettfrol' Ilit,llit, i'laloikA, look ' lit
Aistfilit ispishAiniiiidinents o med by t
aniseed enemies of a bill, Mpicially when
accOnipitsiidAt in this case 'irtis done by
the gehtllmien• front Northampton When
he offered his difieediett, tit a diethret a
vosialibl their tateation to vote' against
the bill, Whither emended . or not--;
"Faithful are the , wounds of a friend, but
the kiwi of se enemy is deoeitfid.". We
have beeni;soMil of us atheist, lathe habit
of . ..quoting Little, sometimes,. tt this -door,
with 4n,.oectisional , sprinkling ) 44 High
Hutch, and although I re.o3r4lol7Eir to the
gentlegian iron Zilertitainplono`,44ef. am
karlin," which my wortltY, friend
frliML4ernei (tlr. CunnitAhaln) ,who. is
.a scholar arid 'both 46614 Veda
arid ?uiriletstands it, tier he gatitie
‘Whlsrefit intakelit'llfeenis,"
cieseithatWeere'leitt'What I
,preMly! disclaim ; yet 1 11,11kethe
wary:Trojan °fold, say to all whom it vinyl
concern, 6.7Tmee •Danaos eiludons
tee' fear,thera is a Trojan-horse in
thiltemendrimni offered by terfaiend from
'NogOltetigellustrid-kwoold/hocatigelhotwl
rpoo4 4 v0404, the walls, rif.our,
: 1 4 0 4ers , I ..heve-fi n ninttrat nearly,
ilicelio J, ern No4fleolickt.:l
041, 1 11Y* ,
424;...!h 1 0, verit.PM;vei n Ve4 l4 o
Off,,sop, 21 . 71, „Or 40 Pl i tt ty
waswN 1 tifrrible
,Mlschief taker in his
,da stridieneitition." lithriteH ercules was
Ji inch pests
Mfittstmtireitiltii' eat tti-luffie
)hitlieltittuggle' thif
• R etoidlyxinktheriartN frommwhldh"
Ways 'rebounded ;with istriongth renewed.
end invigorated by momentary contaet
'4i/rig; his mother!' , bosom.; ,and ow. as only .
f natty; overcome, by the hero lifting him
nit ),plo tho,air and strengling ! hint in that
,
' ,Sir, the gentleman from liorthampton
has seen this principle of an Elective Ju.
diciary acquire strength the more it has
been assailed. I now warn the members
of this House, not to stiffer its avowed en
emy to take it in his arms, and , strangle it
in his embrace
~! Such a spectacle would
be as edifying as instructive ; better suit
ed, it is true, to the age of the fabulous
mythology than to this ago of intelligence
and reason.
The gentlemen from Huntingdon, in the
course of his able and eloquent speech in
opposition to an elective judiciary, saw
proper to characterize it as a humbug ; and
I think he used the expression three times
in half as many minutes. lle told us he
had too much confidence in the people, in
their intelligence and integrity, to believe
that they could be led away by a popular
humbug like this. I would beg leave res
pectfully to suggest to that gentleman that
•shard names break no bones,' "and that a
busive epithets ate the worst kind of logic.
th'Orii. Wiie'er an old fish-wife who could
. I rtflt heat us both at that kind of rhetoric; ;
end I,'wOuld advise my • friend to withdraw
from a field Wherein victory is ignominy ,
and defeat no disgrace. Sir, it is easy to ,
danetince a measure as a humbug ; but the
ilifficillty is to prove if. There are, it is 1
true, many humbugs in this world. Ani- '
mal magnetism and clairvoyance are hum
bugs., Boma lawyers are very great horn
bills ; and I have known soma members
4,legielative„bodies (not here for of course
thent,ut pp humbuggery in this Legislature)
whp Rem, Tery .currently suspected of be
;fig luktOngs. go, onAlie other hand, some
of,the must ‘,aluable discoveries and irn-
Oftuttinipiovemente, 'have been denouti
on& Iniad'unce as belonging to the edam
intirestiitgoliniii. ' Robeit FultOn was Pro
elaiine& al bre; *hal lie Slit spoke of
propelling linatei• by niaind ; and in'our
own-dayethero bee Many sittiltsiet of- this
Union in feelliolvibe 'grind trlith,etuntcia
ted by the apostle. of Demnorecy in thd
DielaratiorCef , Independeacm. that •.4all
atenstrocreated frenandeinakasthst they
are endowed by tbeir,,conuon,with mono
imlintokbln right.--444 noonyt.thonn ire
t i
Pres Per, rand 019,,OArAilltlf hAPPineell," ,
Pik a AV I s I, Ora l + Par_t.i4cAtilt humbu g. ,
But sir , " 111 4 ),,!P 9R .4 9 ;r1. that to d e-
illTfice es. * * h1if,4 1 41,1, A. tAmacth •tihieh
Wei suelditied 11, aq majcifity ; of 'ea9lt
661,1iih orthiltit tsinm, sinf fi es ip
dillireNtbitsinidoliell eti tratebraneli
Of titiOrith Vat !hired dieventiti iltes,Vid
widely! Will'lretittrenteetty t Wif Tiaseirrith'
eqtrilmmitritnity WPC ii *Orgy Abe - beit of
it,lniasvy quettlenibls Mew 1 0 l• ' v • .
etllln-Speaketel did-t understand ilt ,
am* , what ,:the, same :.• gentleman. 'meant,.
when hi said. that. those mito,aspeetedstat
ride ift° , P 13 4 1,4 ) ,ettradataser power ,aO
- da% Qlt ;48,114 9r. shlt Argrsekaerti.sts
1 4 CAPAtitied,. Might '14;4,144160r
(141 1PCP 1 0..- 1 lIPPP n° I'OPIPPR•r,i,I In - ,
i F!' d ,1 1 ,, 4 * a 14, member it ihislippige.,l9 l ,
:7 men' of Whonilian', nyioEni . bnfor,)nit,
4
tea liiii":init; to 1 dilifinrerff his aid
01 - toiair 'of this' mad iota At ' '!";=•'
riVtlyi; 'Oh' s - the' iiindifiai 11 106( bi oil ii'
We Onfriondlrinirmises Indfintiltig ei hii: , '
irettnriinisiernintliettierftedes , iididitS;
can alwayridisetitiiiririf &nide* end
incentives tongliniatin its ireh perverts
and uaahariuible naterev -:Forinstatice,m
very enapi (nous man might welltancy , that
some of the opponono of an eleetire judi,
ciaxy, not , in but out of•this House, area
alimulil44 V. ,Ahe ,ffteC Ott their chonon,
for I!set . 1 ,9% Ac , 4eack.7004.; 1 0 49 quite
TiOu onions, the peepr i onl at the Imods,
of t te gaccittive—eincuilly if . ibe
should former,
suld happen to be of contrary politics
and the latter chance'lo be their 'personal
earth iniputadens on AIWA'
side, are ill-dinniititti thikind
inuendoes• bell neither the , dignitht or thiY
House nor of , the oneasilut.- Vireirsestioi
we are foundering is a gritie , end mounts.
tuous one. • deeply involving, The welfare
and interests of our beloved . Cruernon. .
wealth ; and every true eon of Penpsyl.
nulls will approach h with l oorrespoinling,
feelings and seni!ontoo. • ' •
Lit etc now , spirtt.:Koceeo
specially of Objeii:
tiOns 'that' have' ‘rtis bill"';'
first to its detaiiii; end iititoruffk
Opts. • , ,
Thegennlitran . fnattf flurttingdotrotgrnr '
is an objeetiowther the anvernorlirreqt‘;'
redly this stnendmensto. remove st jade,
on. the address of inte.thirdsofeseh brine&
of the tAigislatore.., kle•ssys that the Werd,
"44" ~abouhl be .!'outp.." so As . 10,iliew.
te.,theAsecutiue.s..segatistr PSWer;toviet
the action of flip 4114 1 411q1 1 41 1 414P*1v5 . ..
ltexpressid.
~ The,g,a,g emx *POOR ).40,
ad iilar . oilot,iOfitooo,Ot: !ii)Oo:,:e . m..qu i tlvo,
ptirogattie; and •it very dengsrohs - enes.ol, T ,
Witten . dl' liii'vrei hi Aft 'fitnidtedr .- shi . l*
gielstere.- Assuming stit t atilatittthit - abai
not exist, he. asks. what would lirethiitle et
a "prevision Aker vineldilledfrOttr the 1310.
ernor the; power to'veto'aetr of 'the Lee
latent, end thus deprive' hinvotibieensort
dines! poirer, In thoennetaientof breill. ,,,
Whyosir, area Wale' cue- OA billiit4loo*
mircip. a( each: ,house *wows irtif it,iiitte. 1
isomokti boy i itt ,Hpttitotitbit.;Egeoutiirei
. . , 44: !PPM, ...0. ° , igentlentatts,:tybon °l,jo4°, I
'br..§civitOP ika WO j*CiftIOPAPRI OF: oAhw
4 r VA 19 440intesOstigtx,g1P, , dukit !
ot,; hi. -, l fi F y:poporpos !tango, app ttert .‘: .
001 : Or each liditite hive, derilienttetiiott,
taltiet iiiitiiitteCiited illii t. ti4titiir . 104
sithi l ind'i&eiittbiltrthil iib'p.iilif 6460 iiii,'
bait 'the . ' tine` moan "061'0 ' ifiteitibi "thi
shield of striEteetitiVlO ''lveloi fO'fittiikii and
:prinien.strOti; 9 entettpt - ; kir itingpablifitidgif
itir. , thstt a lettere +9 , distress! iir spits oft tbe:
,voioo:of the; people, and Atieldealandf of
' ".theisasprosetttadersed ii Its;this;riglitt;;;;lsi
this
i •
republiesol.,Whrr you-suay. la volt
1 tve:„OkerlAir,aftsppinlioomientito,the
4 ,0 01 . .0 ,1 4 R4elelt. l 4l he.. Itolt:biti,ittAk to.
' enable him the" to PatelYtT litetSPAPl:th4
il,egialature, a n d bid defiance to, the , will of
hill, 44- . their masters,„the peciplo.. Ttiis
- wotild iiiitied.be .061fratilig popular rights
und'ihe',tlignity and independence .of the
.representative
. botly at the footstool of ' Ex
ecutliti-poWer.. Surely the gentlbman,
.whetverging this argument, forgot the pre
ceding part of his speech, in Which he pro.
fessed his confidence in and love for the
people, and his devotion to the principles
of free and constitutional government,—
Sir, the very course advocated by the gen
tleman, would lead to the resuithe so much
deprecates. It would be consolidation
with a vengeance, if the Executive could bo
allowed, nay invited, to retain an unwor.
thy favorite in a judicial station to the and
of his constitutional term, to the annoy.
ance of the pepole anti to the groat injury
of the law. in the face of such a state of
facts as I have supposed.
But my friend from lituniugilon manifested a
very edifying horror at that feature in the amend
ment by which it is provided that the first Chief
Justice of the State shall be selected by lot from
among the judges first elected to tho supreme
bench. "Good Heavens !" he exclaims, "has it
come to this'!" The gentleman seemed to think
this an unprecedented thing. Why, if he had
read the Constitution carefully before ho made
his speech, be would have found a precisely simi
lar provision in the ninth section of the first arti
cle, wherein it Is provided that the Senators first
elected under the now Constitution, shall be di
vided by let into threo classes! And yet I be
lieve it is not recorded that the gentleman from
?iorthamptou, who is probably not of pito so son-
shire an organization as my friend from Hunting. cuthoth. Liberty has every thing to feartMezeliii
don,-fa inted when ' he aubscribed his name to this unton of the judiciary with either :, audible et
horrible, this unprecedented. this outrageouspro. of a disguised dependence is as danger
Ir .
yii3O„, I There, sir, is the precedent for this "toss- ostensible union. allantessuieu in his di " e,raf
up," as my friend from Huntingdon contempt- Laws," says "There is no trite''libitiy ir W
luoasly calls it ; a high precedent—a constitution- ciary power be not separated from the iegisiatHir
al preasilent—a part and parcel of this very Con- and executive powers. The same tie* wilt bra
stitmion, the handy work of my friend from North- found reiterated in the Federalist, that latalknok
ampton, and which we are now taught , to believe of the American Constitution:—"Though hadivi4e
came from the hands of its framers so perfect that ual oppression may now and then proeeet, e 4o?
it is profanation to touch it with a view to amend- a the courts ofjuntice , the general liberty al b@ OW
ment ! Strange ihat the goOd people of this Coin- ' pie eon never ho endangered froth that 'go
ttionwealth, who have been living for twelve long long as the judiciary remains truly • distinct
years under this deep and. damning digitise, should both the Legislature and Executive." ha eeel
never have discovered it until awakened to a sense times in Englami, and op to the revelptionofabliiik,
of their condition by the warning voice of rho gen- the judiciary was thus dependent ots the mei
demon from Hinitingdon. thority. The king, by the fiction of t i lne.,En; •,
lint it is urged'as another objeation to this pro- law, was thefountain ufjustice,ond wan Sup
posed amendment, that it does ernes injustice to be present in person in all the' coortikif Of
to the judges now in office, who will be turned out kingdom. The judges hold their office by hitsoli
, by virtue of its provisions, and who abandoned lu- Appointment, and the tenure by which they WS
crease' practices at the bar to go on the bench on it was "derriere belie plarito." Tim umusasaemet
the faith, It is' alleged, of an implied contract was that with a vile and selfish subserviency.
that they should 'hold 'their office for the full con. they lent themselves to the tyrannical dMigns stud
stituttenal term. Their case has been compered encroachments of the crown, especially in golifiest
tothit of a man hiring himself to another for an prosecutions. To inch an extent wail this eitt
entire term, and being suddenly discharged with- that the people seemed In have forgotten thatalitir
out cause in the middle of it whilst faithfully ful- judiciary was intended as • barrier between' Air
filling hie pad of the contract. Now, sir, every rights of the subject and the royal nreroltstieeh-r•
lawyer knows that this would be a wrong, and a The names of S,roggs soil Jr M
reys are, to. the e&
witingi for which the party would find ample re -, era of English history, fami liar syneninies for the
drile•ln any court of justice, by recovering hi s prostitution of judicial station to the boson
,par.
migrate, the whole period, on the ground of en. poses of tyranny. Sir Erhrurd Coke did not desks
tirsty of contract and no breach on his part. lint it beneath him to pander to royal usurpation; end
soppose that by the terms of the original contract bacon, that bright luminary of law and science,
the employer expressly reserved the right to dis- diiouleii his lustre by accepting the aim of Chan?
`chuffs@ him whenever ho saw proper, and ha cellor,ori a pledge to do whatever the king might
chooses to exercise thin right. Whet then bem require at his betide.
comes of the plaintiff's ease 1 Why, all ho then There is a dark period in English '
an-
bee a ri g ht to den and is his wages up to the data nals, in the reign of that royal Blue-beard,
othiediseherge. • Now,l say the C"lmlnweallb , Henry VIII., when to this tnetetriekitie
*doh Mt:OMM the relation of a contracting par- union was added the legislative power .a l ' =
Ay with the. judger', did expressly reserve this , ,
m
so ; i
for n t h e reign o f at odieris tyrant,
I right, by the provision contained in the tOth Cr-
lisle,oftthe. constitution, in relation to amend. the Parliament of England, a s if seekihg.,ll.
ments. The judges, r when they accepted, knew sound the deepest abyss of infamy , tleelet
of thieprevieiien t apd took their commissions soh. a ed that the proclamation of the king ghoul&
,sect to the chance of the State availing itself of have all the force of law.
Arlen. randisx'it. What then becomes of the With the advance of knowledgeof . tbd
mpliedeentritt" in favor of " a full term 1 is not •
true priticiples of civil liberty, the abilettll-1
'this ~,,implicatiop Ow 440 f way 1 Nay, is there
'tot ap , express' stipulation , against it I I ask ty and evils of such a state of filings, be.
Whelk@ every Jpulge commissioned by the .Gov- came appplrent: and a great improve
ieoweehy' and Witifthe advice and consent of the merit was made, after the revolution of
lianateh. did k not l office
_like their subject to this 1688 by changing judical tenures and ma
9tA troop, i , Rid they not know what was in the king them hold quails din re bine flesse
aonsttnition i And if they did, did they not know
rim' ; but it was not until the reign Of
that if two successive Legislatures and ri majority
attic . aphi 'tab fit to change the tenure and George 111. that the duration of their coin-.
m.kNi, ,
, jedielat office elective, they would have missions tinder 'this tenure, was extenuen
teepkittel,•soci if ffiey choose to take the chances beymitl the demise of the Crown.-' • ,
Of till. mei, thie reserved right, not being claim- Now, sir, it is no wonder that opt -or
letiresaltised,'lliall they not abide the result, if . ..
such a state of things, should grow an ear-,
the thilne6 then. against them I Let us, then,
independent
item hoznore about...violation of contract. nest and jealous desire for an '
.
• • Cum! Mellor/Sea, ;iiir wither I would have been, ,
judiciary. There being in the Butte,- lit
if Fly thing, in 'this world could any longer our- power antagonistic to the rights of the pile...
pliM.'uns, tb hear the gentleman from Huntington, pie, ever seeking to encroach upon the hit- .
titertfir so riltrit conservative in hic notions, find ter, and draw to itself and absorb 'ill' the •
Cmikiwith thisarsendmerit, on the ground that the
4 .4.6 1,,;e1 ,.. 1 ,,,.. e i n limited, were too long.— powers of the Constitution, nten'S 'eyes'
17, - -,% - ; tenr ,-- 1 .- - ,„„ idged , „„„ the pedereen.te were turned to the judiciary for protectioff i
fiiii`iithibe ykeih, and then the people can bring and safety. 'l'lle primary idea of an in
tim'', serrefee . 't* a short and speedy account— dependent judiciary, it is evident from thist
The gentleman's idol, if browns In earnest, seems historical stitnmary, was a judiciary so ot
to•hive Meta that short settlement,' made long ganized as to restrain the encroachments
friends., I incline to think, however, that there -
viiiiiitothlaiiitill itt•thbitest an awkward attempt of the crown and protect the rights of 'the .
.
thilith an thenthithethpith e gentleman may have
citizen - . I i was looked to as a protection
luteediad it forealUisno Thettesseas*Ltleoarneei for, nut apinst, the people. llow, in OM
11evident..(wese orging,the difficulty -aroma. view of the subject, it can be improperly'
r lf ti c "'POP' i'llrn,l'lclimil ahourdiruirT Process affected by mat
making the judiciary to e -
c d r a i n ° ilnlc h 'ehm e scl. al an argument ill'fa - anato from, be denendent upon, end ro
ver ot.iitort tetinse l -rehen he Mined(' hid just be- ,i • ,
th ,„ „„„„ kt id increase that docility by een „ irie . sprinsible to the people thetnselves, is not
IA; assen t of th e ir mout i n kif,„, mach re ;,, e 'i readily perceived.
by address ' Id be effected. What, in this country, then do we mean,
.
The • ofthejnilelfeliga l ullooteen Ob. by an independent judicary 1 Do we
tiolll4ev '4l/lerLtriril'hewe'oltdY le tiblearea iinet mean titter irreeponeibility any where 1--
,:go is r,lo 'INA' aa'b ° ,__,____ aa m•E g adla i t h tin salsa' Thiti . aniend ri nent proposes to make it, as
')'" l y i g c l er Vr i i ,,, r t . hie . ias far it is prudent and wise, independent of
WO Id ' Seilltlehlill4lll Oftlete,the'petifpley: the ` Executive and Legitilatute.' W ould
d i et
wheimitilthrieril judges . el•Mbrabeetkiffecti. theft- gentlemen have it to be independentof ilia
trif.414 31 400.• thwiesllffriatilleadOegistffcite.elset people likewise ? ' Then there would rd-
c u r ; h l rf i k rf s a ke?' l 94 l 4.4f , ic.siOl7l••hitel• main responsibility nowhere.
k cllin c ' r Inni ccucl i n * ni tt ' th . " l " n° clan - ' Sir if this amendment proposed to link
imr of likittoiC Sif,'lst di fief itriAteMite Po , :: ' • ! . .
ei er ,.ths e m ge •41,,,,,egag.611,•thoe,,iituel the judges to the Executive or Legislature,
'diegolayfed,thee le theholgibmernaam which they, .then there-might be reason to tremble for .
ll'llchisuOtitirtlelliglultiowithighlettlleeyjoilge, limir independence. lint when it is only
.4411aisedmitpP4eociortri. 4emothiry ere their proposed that they shall ho chosen by the'',
9nnlancl" ne" - lat'liclernolcl '0 181 4 1 4 'ele, WhOse interests it is their eecial''
cl ini c* . incl*ccl'llf. ) cl'proPiwty. ' d ui sibetieriaftri , . , , ,
to protect and gnaw it seems to ntei '
ccricclmtgabelesielt,', • ~'. ~.• .....” •..1 •.• •• ,••• • ,
It heelheettseto w t o o l o i t „ wee that there is nothing to fear, but eVety
. ,
"will trim his ' • p o pula r k theae ti r ._ thing to hope. .
,tiiithirwrpen Wier ie)aillesiiiind ignierce But we ere told that if the judges are 6. •
. .
&the utiessweand thwiesthieoltimalcie In lected by the people, they will in tern on.'
theotor .ikie Sitio* wood bk ,ebo 10 1 1 Prmion der to their prejudices end passiOns fur'
°I . Ntl*taf e rVti war. nclt/ , c uPPc nin g c the promotionof their
~.. be
...
e,wew. „. e • beerertremd b. , own interests.— c .
J et ;rgl ie tit ip Timpie . w ia ioimind.'ibiethii course bit, I have already in part, anticipated the
sommibtwatkilbeibearety•weirettbr bis own in- reply I intended to give in this connection, ,
teesit.lhelleisould.penife.. For every suitor in to this argument. I resuine it.
0-0 10)0hrtltrIA 161 1 144 who have no interest or 1 ant nut one of those demagogues who
Might the clam. bunte r
baring nothing to di. assert or believe in the infalibility of the
MIA lbiltdallOvir'ilf their synapathies, in favor
flu. It were gross flattery, it would
:ritteuthead eight, would be revolted by a contra- P c "
`ryieaututif,,whilOthe•*Ming o f th o ma j or it y , who be fulsome adulation, to assert a porii
telotiginOgsseto, the clam of the powerful or the lion which all history contradicts. They
eleterould eptanionsly rise in favor of the ox- are not infalible. Nothing earthly is.—
IseibMitif thitUdowii-troditen fellow. In theknowl. They are human, and therefore they oft-
Pails of %Ur esParit'd* c 79, wise be fou nd a a u tll. en err—are oftentimes misled—frequently
Fleet remodel. on, the jwip,weese interests con
tool his' Comiefence. to the destruction of their own interests.—
.1 Another objection that, has been urged is the 'The ostracism of 3ristides because the
pwerbilasibit &tette, the jaidgie to reside within people of Athens were tired of hearing him
thmdisteiceslbewhich they , hiere -been elected.— called the Just, is pregnant with instrue-
Tbiagemilmegm!hota•Nerthainetort (Mr. Porter) lion on this point. ''
„m,-rotatecwouldtlill'fbAb 9ei Atm rata. lei , off not to But, sir, whilst they often err, they nev
-1""4•1' ° Sl i t Act! wq l 9.:P. . fi t w• to me that this 'tt . • II The great heart r
er err in en lona y. e o.
1, 4410 -2.4 . on ...'• ----Talon' that ever
gods e aseromption that every
kelilosiiiiV i lliirjatioPle;itrill needs be unwor
y of his station ; ter if ah•judge is honest and
,•tetranpetrustrrind este In inch a manner as to de-
IrSirlikittilv.kkMe find, confident* of the people, time
,willmuly,,dx,ltimniure deeply in their affections
".reilatas
Irforeolrei, 'reettlenee of a law judge in his
distsiet ia for Meny purposes indispeusible. in
the bearing of writs of habeas corpus, injunctions,
rules to stay proceedings on execution, and many
similar proceedings,. which require a knowledge
of the law and practice, it is absolutely necessary
that the president judge should ,be present, as his
associates, except In a few districts, are not, nor re
quired to be, learned in the law. How inconven
ient then to have to send all the way to Allegheny
county. for instance, for a judge to hear a case fal
ling within his summary jurisdiction, in Adams
county.
The lime for holding the election for the judges
has also been excepted to, because, it is said, the
question will mixed up with all the bitterness and
strife and Interests and feelings of patty warfare.
Now, I would rather expect that it would excel
ciao a contrary influence ; that it would allay the
violence and assuage the flow of party feelinga by
the intermixture of higher interests and loftier
feelings. It would be like pouring oil on troubled
waters; it would be like a voice rising above the
howling tempest and saying to the surging waves.
"Peace I Ile still." By holding the election on
the day proposed, moreover, a large veto and a
full expression of the choice of the people would
be secured; and surely all will admit that this is
desirable in a matter in which all are concerned.
Mr. Speaker, in the course of this discussion,
we have heard it repeatedly urged that this amend
ment, engrafted on the constitution, would be fa
tal to the independence of the judiciary.
There seems to be a confusion of ideas on this
subject; growing doubtless out of early associations
originating in a suite of things not having a roue
, tequila in the existing relationstot this country,......
• The judiciary is the strung .and effective shied of
• the personal rights of tbe subject or citrons. against
i executive tyranny and legislative encroachment.
It should bo kept separate frogs and bulepoudeol
TWO DOLLARS PER APNIFRRL."
.I NEW. gERIES4Q:II`e
the people is always right ;the y are hon
est and soon retrace their their steps when'
convicted of error. And herein lies the'
important distinction between them width('
Executive or legislative departments. The
latter may be corrupted or improperly in-'
Iluenced, and wilful error never or very
rarely retraces its steps ; whilst the firriier
are more swift to repair than to do wrong:
(live them time and they will 'dwarf
come right. You can't corrupt them.—
You may corrupt one man, or: you may
corrupt one hundred 'and thirty three men)
but there is no leaven of corruption rutli
`Mem to leaven the entire mass of the peti
pie : and my word for it, should either the
I gentleman from Northampton or the gent
leman fromfluntingdon, at any tittle here
after be a candidate before the 'people ,for
judicial station, (and I hope they
and be elected too) and sholdd they' try
the experiment'of wheedling the'ricb:e#9.•'
ing the powerful, and 'slighting theiitit=
ble' and the lowly, they will be '
before they are through the cauViaelt
they have underrated the irtelligeneei'k,
crintination and virtue of the'
• I say, sir, that the waylorl
commend himself to peplar fitior;lo to' lit
sue a manly, tonsisteut, otrirght 44 w#4 . :
course, respecting hireself whihtt pajiidg
due respect to others, . Any othee,catinre
will fail as signally as it tleserventOT!!il , ',''
. • .
How, air, do we 41 it lo kn,
five to 'proceedings in our #.9 1 1a1 •
justice. F' Ou out utter l91104111140!,,
ting ease. in 606 ? awl n Of, inyroy *AC
at the collo:14ot the 41 :044.1 0 tthq,
whersra' you, Owl any Ititugu. „
people useroblcd, you will end therweesses
t ta,ls 1
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