3 -411' •kk.N \ B l: lsr - • \ .0 0ttr „ 44,. dr 0 ((.. u t tf/moibon r --. 01.41 Y BY JAS. CLARK. Speech of A. Ht Comp, Esq. 'fait: the Bill to sled the judges—Delivered Peh. marts Oth and Bth,. 1850. 'Mr. SPEAKER 1 would gladly avoid enter ing upon the ihscussion of this question, at the pkisent time, if I could at all reconcile it with ,rny ,convictions of duty—not merely duty to my constituents and the Commonwealth, buten ini perative duty I owe to myself. Ilake it for granted 'that the present Con ititution, as far as regards the Judiciary, is a doomed instrument, and I have not the vanity to suppose that any thing I may say, on this oc ' casion, will avert its fate. But I deem it my duty, entertaining the deliberate convictions I -do, to state fairly, fully and distinctly, the ground I occupy on this subject. I utterly deny the statement of the gentleman from Philadelphia (Mr. BURDEN) that those who oppose this resolution distrust the people ; and I also deny that any amendment to the ori ginal resolution, at this time, is any evidence of a want of confidence in the people. • Sir, I have as much confidence in the people as any man can have; every act in the history of the Amer ican people from the landing of the Pilgrims slows to the present time has satisfied the world that man is capable of self•government ; but I will undertake to demonstrate that the issue at tempted to be made by the gentleman from the city is as false, as it is unjust. I solicit the pa tient attention of the House first to what I have to say in regard to the resolution itself; secondly IS riiy objections to the principle of an elective judiciary. I may remark here and with great truth too, that the Legielaiure of Pennsylvania has never been engaged in the discussiou of a question of so sober, so grave and important a nature, and one too in which the people of the Common wealth are so deeply and vitally interested. And is it not important to consider well what we are about to do 1 We are not tinkering and tampering with the extremities, but we are about to attack life's last citadel--.the heart. Tl'ie Judicial branch O! this (Jo v by far the most important of all its parts. The Legislative and Executive are important in themselves, but compared with the Judiciary they dwindle into insignificance. The former might fall in ruins around us ; but it the latter survive the general destruction, the rights and interests of the people would still be secure. And how, Sir, and under what circumstances are we approaching this subject ? And now in order to show how the resolution was passed and what little care and deliberation were ex hibited on the occasion, I must refer to the session of 1849. You will remember Mr. Spea ker—for you were here at the time—that it was brought into this house from the Senate near the close of the last session and at a time when the wildest and most ungovernable excitement pervaded it, and was rushed rapidly through, without a 'moment's time for reflection or ex amination. I well remember that I stood on the floor where the gentleman from Adams now sits, desirous of having an opportunity of seeing what it was, of offering some amendment, of bringing its defects and absurdities before the House, but my mouth was closed by an impe rious call for the previous question, all discus sion cut off, all deliberation and all amendment; and thus this most important resolution, without being discussed or examined, passed through the House I It is now before us, and gentlemen are anxiously pressing its passage and opposing any amendment. Let it not be said that gen tlemen who oppose the passage of this resolution are opposed to the people ! On the other hand it is because I have confidence in the people— in their integrity and discrimination, and be cause I feel a deep interest in their welfare and prosperity that I take the course I have indi cated. The people are not to be carried away by a humbug I They are not to be deceived by false issues ; they are not to be readily blinded when their own interests are at stake. I know well the risk I run and the imminent peril I encounter in subjecting myself to misapprehen sion from the honest, and designed misinterpre tation from the demagogue ;—but none of these things can move me, or drive me from the dis charge of my duty. Here, then, is this resolution with all its de fects and its incongruities, passed in hot and in decent haste at the last session, although days and weeks are consumed in the discussion and consideration of contemptible divorce cases; but when it came to the great question—the question affecting the organic law of the land, the question in which every individual of the Commonwealth is deeply interested; then there was no time for deliberation, no time for inves tigation. This resolution then passed under those extraordinary circumstances, is again be fore us, and gentlemen tell us we must pass it without amendment because the people desire it. Sir, I ask where is the evidence of the peo ple's desire on this subject 1 where have they spoken 7 where are the petitions asking it 1 It has been said that the Conventions, Whig and Democratic, passed recolutions rtcommending it, but I take it, passing said resolutions was no part of their duty ; their duty was to nomi nate a candidate for Canal Commissioner—not to inquire into or recommend a reform in the ju diciary system. There has never been a peti tion presentee to to this House; the people have not coma up here and demanded it ; they have not exercised the only constitutional means they possess of making known their wishes to the Legislature; what then is the pressing necessi ty for its hasty passage 1 Are the rights of the people in this country not amply and broadly secured already 1 are not the Courts of Justice open to all—the rich and the poor alike ? There is no allegation that the present judiciary is eith er weak or corrupt; no complaints have come up here on that score ; then, I submit, if the present Juciciary is what it ought to be ; if it has secured and protected every interest, public and private as I believe it has ; if the State is going on prosperously ; why shall this House take a leap in the dark, that may lead us, God in his infinite wisdom, only knows where Now, Mr. Speaker, it seems to me that the amendment of the gentleman from Northampton (Mr. Poarsa) is obviously proper: which is, to submit the broad and naked proposition, will the people elect judges 7 curtailed of its absur dities and shorn of its inconsistencies. It will be remembered that no amendment or amendments shall be submitted to the peo ple oftener thau once in five years." If then this resolution is liable to all the objections which I will undertake to show it is, and will entail upon the people all the evil results I ap prehend it will, they must bear it for five long years, for they have no remedy left to improve er reform it. But if you adopt the amendment of the gentleman from Northampton to submit the simple propisitioa to the people—Will you, elect your judges? and leaVe thd details t‘Y a subsequent Legislatine, the difficulties I see can be readily obviated. Again, the constitution in Article Tenth says:" that if more than one amendment be submitted, they shall be submit.. ted in such manner and fOrmi tl.at the people may vote for or against each amendment sep erately and distinctly." Thus it will be seen that each propopition is to be submitted to life people so that they can vote thereon distinctly, and in this respect the amendment of the gentle. man from Northampton is within the letter and the meaning of the Constitution, while the ori ginal resolution is directly in in its face. There is not only one, but several propositions embrac ed in the resolution, and eo embraced that j'dfl must vote for all or none of them, or in other words, that you cannot vote on each seperately and distinctly. I know it is contended on the other side that the resolution forms but one proposition, but this I apprehend is a clear mistake. The first proposition in the resolution is, will the people elect their judges I the next proposition is the time when you will elect them; then the term for which you will elect them; and how shall you elect the Supreme judges, either by dis tricts or the State at large; you will turn out all the present judges without regard to the ex piration of their commissions; shall the judges so elected be re-eligible; shall all the power over the judiciary be vested in the Legislative department of the government; and shall the Executive become the mere headsman to do its bidding. All these propositions, it seems to me, are embraced in the resolution and are so inseperably connected, one with another, that you must vote for all or none. I might with great propriety say that the gentleman who ad vocate the passage of this resolution without amendment, are opposed to this reform ; that they fear if the simple proposition be submit ted to the people, they would vote for it, where as their good sense would lead them to re ' ject the present resolution on account of its ob jectionable features and its impracticable de tails. And now I will proceed to state with great brevity, what I conceive to be the prom inent objections to the resolution. First, in regard to the power of the Legislature over the judiciary. The resolution goes on to say, " the president judges of the several courtsof common please & such other courts of record as areor shall be established by law, and all the judges required to be learned in the law, shall hold their offices for the term of ten years if they shall so long behave themselves well. The associate judges of the courts of common please shall hold their offices for the term of five years if they shall so long behave themselves well ; all of whom shall be commissioned by the 'iovernor, but for any reasonable cause, which shall not be suffi cient ground for impeachment, the Governor shall remove any of them on the address of two thirds of each branch of the Legislature." It will be observed here, the word "shall" is used, leaving the Executive no discretion, no power, no authorito ; but vesting it all in the Legislature.—Our government cannot be said to be a pure democracy,but is what is more prop. erly called a representative democracy, where the people have agreed to part with a certain portion of their power, and to place it in three co-ordinate branches of the government. They have parted with it on condition that it should be so placed, and that neither branch should in terfere with, or usurp the power of the other. Sir, it will be seen, that if the doctrine of this resolution be established, the power of the Ex ecutive, so far as regards the judiciary is gone ; he is peremptorily directed to carry out and ex ecute the will of the Legislature, to do its bid ding and become a mere axeman in its bands. Thus the judiciary becomes entirely dependent upon the Legislative branch, perhaps the most unsafe depository of power in this government. What I Sir, are the people of Pennsylvania pre pared to vest all the power in the Legislature 1 Are they prepared to destroy that nicely ad justed system of balances and checks under which this country hasprospered, and under which all their rights have been secured ? What would be thought of a proposition to com pel the Executive to sign every bill the Legis lature might see fit to pass, without regard to Its justice or constitutionality 1 and supposing anch to be the case, what would become of the rights of the people, in what would consist their security ? how often have measures been car ried through this House, in moments of the highest excitement, under the spur and whip of party measures that struck at the constitution, and which if not arrested by the conservative arm of the execvtive might have subverted the rights of the people. And yet the proposit ion contained in this resolution is nothing less than this, but to all intents and purposes, so far as regards the judiciary, the Legislature have the whole and sole control. This then, it seems to me, is an insuperable objection to the resolu tion and wouid constrain me to vote against it, evon were I strongly in favor of the elective principle. The next objection to the resolution, is the re-elligibility of the judges. It the judges are to be elected, let them be placed in eireumstan• ces under which they would have no temptation to err--no temptation to do what is wrong. I know the gentleman from Adams, (Mr. Smy ser,)has told us that if a man is honest and up right he will discharge his duty regardless of consequences. This is a fine theory ; a beauti ful morality, but unfortunately it is seldom il lustrated. I have as high an opinion of man kind as the gentleman from Adams; but when 1 see all the penal enactments that cover our statute books—all the bolts and bars, all the jails and Penitentiaries that cover this land, I begin to think that man is weak--that he needs safeguards—and I begin to see the great pro priety of that inimitable prayer "lead us not into temptation." See to what temptations you subject a judge. Suppose him to be a fair and honest man, in the ordinary sense of the term, arid anxious to do what is right. He is presiding as a judge with two parties before him ; one of the parties perhaps a man of pow erful influence from his wealth, his intelligence, his connections, or no matter what—the other poor and obscure, without influence and without , notoriety. The judge is looking forward to a I re-election, with a family at home, perhaps, whose comfort depends on that re-election ; think you, air, he will he able to look beyond himself, beyond his family, to forget everything but the justice of the cause ? Think you under such circumstance.. that poor and obscure man, without wealth and without influence at his command, would receive that fair and impartial justice which would be meted out to him under other circumstances 1 It is asking too much of poor humanity. A judge desirous of re-election instead of being the calm and impartial exposi tor of the law he ought to be, neither looking to HUNTINGDON, PA., TUESDAY, MARCH 5, 1850. the fight or the left, lace ti ear's wife, not only tinstirfpected, but aboVe till suspicion, will be found trimming his judicial sails to fall in with that current which 'Will secure him possession of his office.. That government, therefore, which would be either just to. itself or just to its citi zens, should be carefiil to remtiie every iedifi tation that might seduce or destroy. Supposing the judge td have risen superior to the temptations which assailed him—supposing him to have laid down the; law fairly and hon estly as he believed it id tie, *odd that satielfy the disappointed suitor that the decision 'Was just? How readily would he attribute it to a desire on the part of the judge to take the popu lar side ! The personal security of ever? citi ien in this country, as well as the rights of pro- perty, all depend upon the respect and venera tion we have for our courts of Justice. If that respect which leads us to acquiesce quietly and submit tamely to the decrees of our courts ; and if it were otherwise, the rights of no man I would be secure. Mob law and brute force would assert their tight to reign. It will there fore be seen that a judge ought not to be placed under circumstances that will subject his con duct to suspicion, and tend to destroy that re spect and regard which should ever accompany and follow the decisions of our courts. If the judge is not re-elligible—if there is held out to him no temptation in the way of popularity— when it is known to him and the community in which he resides, that he can but serve to the expiration of a single term, then there is no in ducement to err, no temptation to interfere with the scales of justice. This, then, is another ob jection to the resolution. A third is, the time of the election. This resolution provides that the "said election shall take place at the general election of this Com monwealth." Now it seems to me that if the people are to elect the judges, they ought not to elect them at the time of the general election. But some other time should be fixed, when there would be less political feeling to interfere with the calm and impartial selection of a judge. Need I ask you to turn your attention to some of our past elections to see what political strife and personal bitterness have characterized ma ny, if not all of them,—to bring, for instance, to your mind, that campaign of 1838, when Penn sylvania was convulsed from one end to the oth er with the most intense excitement—that cam paign which had well nigh closed in the over throw of the Government 1 Is such an occasion a fit time to elect judges of our courts of jus tice 1 Can they in the nature of things prevent themselves from being mixed up with, and be coming a part and portion of that bitterness and that strife which are inseparable from political contests 1 Can they be expected to remain calm, quiet and self-poised, when all around is tumult and excitement? We should never for get that they are but men, and to ask of them more than can be expected of us, is unfair and unjust. A judge elected under such circumstan ces is placed in a most painfully embarrassing situation. All the inflections of law and viola tions of right that have necessarily occurred du ring the wild excitement of a contest in his own district, are to be tried and adjudicated before him, and we all know how propitious such a season is for the disregard of all justice and all right ; for how seldom does the indiscrimina ting barbarity of party spirit spare anything, or stop at anything which may hinder the accom plishment of its fondest schemes ! It requires no farther argument to show clearly the great impropriety of electing them at such a time and under such circumstances. A fourth ojection is in relation to the injus tice done the present judges, by taking from them their commissions without regard to the time of their expiration. When those judges received their appointments, they took them under an implied contract on the part of the State that they were commissioned for the term of ten years , with that understanding, and re posing in the faith of that implied contract, ma ny of them left a lucrative practice, some of them their homes, to enter upon the discharge of their duties. They have peen discharging those ditties fairly, honestly and impartially ; there has not been, nor Is there now any com plaint, or allegation of wrong on their part.— Now I submit whether to turn them out sud denly, without notice and without cause, be in accordance with that great injunction—"Do un to others no ye would that others sliculd do un to you 1" Nor is it in accordance with the plain rules which govern a contract between man and man. Take the case of a hireling for a year or a term; the person so hired has com menced and is prosecuting his labor under the terms of his contract; he Is doing all he con tracted to do ; he is discharging every duty and obligation imposed upon him by its terms ; he is meeting fully the very letter of the contract, when he Is suddenly informed that his services can be dispensed with although the period for which he has hired hits not yet terminated.— Between man and man, I say, this would be a clear and unmitigated violation of a contract, and would so be held by every court of justice in the land ; how then can the Commonwealth escape from this rule of law ? Is a less rigid rule to be observed with regard to her contracts? Is less faith and confidence to be reposed in her than in the humblest citizen within her borders? It may be said. and it has been said, that if those judges are what they ought to be they would be re-elected. This does not follow by any means, and instead of being an answer to the argument, is a mere evasion. Indeed, it cannot be an swered ; it is too plain to admit of doubt. The fifth objection is, the term for which they shall hold their offices. If the people are capable of electing judges once in ten years, and God knows 1 do not doubt their capability, they are ca pable of electing them oftener, they are' l capable of electing them once in three years or once in five years. Let the term be three or five, as it ought to be, instead of ten years, and the people will have an opportunity to bring their pub 1k to a short and speedy ac count. Ten years is entirely too long to bear with either a weak or an unjust judge, for of all curses which can be in flicted upon a community is a corrupt judge with no means of removing him. But it may be said that if he is either unjust or incapable, a mode is pointed out by which the Legislature may re move him. You can readily imagine, sir, what a slow and difficult process this might be and how uncertain would be its result. It will not only depend upon the man and his political standing but on the nature and character of the Leg islature, and the various and unfotseen influences that might operate. We have had lamentable evidences of this in Pennsylvania before to-day. In , tead therefore of giving the flower to the Leg islature and vesting them with supreme command, give it to the people, where it rightly and legitimately belongs, for in shortening the terms you do but in crease the power of the people. And I am amazed that the friends of this reso lution, who seem to be so purely demo cratic in their notions, and who seem to entertain such a horror and disgust of anything conservative, should involve themselves in such a glaring inconsis tency as to the taltiocate a term of ten years. These are some of the objections, to gether with many others which 1 have not time now to enumerate or dwell upon. I have made these in no captious spirit, with no mere view of throwing areyfliring in the way of the passage of this resolu tion ; they have been made honestly and in good faith, and I now ask whether this reform is so imperatively demanded by the people as to require the immedi ate passage of this resolution with all its manifest defects and insuperable ob jections—taken in connection with the tact that if we do pass it we thUst labor under its evils without remedy for a pe riod of five years 'I So careful were the framers of the Constitution, so apprehensive were they of hasty legislation on this subject, that in the Tenth Article they provided with great wisdom, that "any amendment or amendments to this Constitution may be proposed in the Senate or House of Rep resentatives, and if the same shall be agreed to by a majority of the members elected to each House, such proposed amendment or amendments shall be en tered on their journals with the yeas and nays taken thereon and the Secretary of the Commonwealth shall cause the same to be published three months before the next election in at least one newspaper in every county in which a newspaper shall be published, and if in the Legis lature next afterwards chosen, such pro posed amendment or amendments shall be agreed to by a majority of the mem bers elected to each House, the Secreta ry of the Commonwealth shall cause the same to be again published in man• ner aforesaid and such proposed amend ment or amendments shall be submitted to the people in such manner and time," &c. Now it will be seen that the assent of two Legislatures is required, and why ? That care and deliberation, time and reflection should be bestowed.— These distinguished men seem to have foreseen what has occured in a period of twelve years, for never was the foresight or sagacity of that convention more stri kingly manifest than when it incorpora ted this provision into the Constitution. They seemed to foresee the state of things which existed here at the session of '49; a proposed amendment to the Constitution brought into :his House and in a moment of tumult and excitement, without ei ther consideration or deliberation, pas sed upon as though it was a matter of no moment. Well might they incorporate such a provision in view of such a state of facts. But if this resolution is to pass in its present shape, and without amend ment, and if we have no right to go be hind the action of the last Legislature, of what avail is such a provision ; what is it but the action of one Legislature instead of two, as required by the Con stitution 1 And such action as that was! The design of the framers of the Con stitution was, that in subjecting it to the inspection of a second Legislature, the defects of the amendment ; if it had any, might be perceived and the objections to it obviated by wise and proper amend ment. That this resolution is defective is generally admitted; that the amend ment of the gentleman from Northamp ton is proper and right, is as generally conceded. Why then will this House not pause—why will it not deliberate 1 Thus much in regard to the resolution itself. I now, sir, come to the principle itself, the principle of an elective judi ciary, and I do think the propriety of adopting it may he well doubted, It becomes us to pause and reflect—to take a calm survey of ail that is around us and about us, and to weigh well all we are about to do. It is easy to tear down, ' it requires neither science nor skill to prostrate the farost temple ever reared by the hands of Freedom, but it is a difficult task to re-build ; re-organize and re-construct. We are now happy and prosperous, this we know; in the his tory of mankind there is nothing ap proaching the public and private advan tages that we possess, and yet we are not satisfied. What more can we ask— what more have we a right to expect than our institutions have already done for us 1 Who can foretell or even fore- sed consequences that may flow freer!' the adoption of the proposed reform, whether it will benefit the people, wheth er it will end sooner or later in anarchy and confusion, in the whole and entire overthrow of all we hold most dear 1— No man can tell, sir. No man can pen etrate the veil. We know the State is now flourishing, that its citizens are pro tected and secured in all their rights, that justice is now administered with. 'out "sale, denial or delay ;" is it wise then is it prudent, to put all the blessings and privileges we enjoy in jeopardy, to hang the fate of this people on the haz ard of a die, on a wild and untried ex periment 1 What would be thought, sir, Of that man, who was in n sound. and healthy condition, with all his organs performing their appropriate functions, if under such circumstances he should call in a physician and desire to under go severe medical treatment—a treat ment that might weaken, if not bring hit down to a premature grave 1 Why, air, he would be called a fool, a madman, and yet we, in a sound and healthy con condition, with all the functions of the government performing their appropri ate duties, are about to do the same thing. The subject, sir, as I before ste. ted, is surrounded on all sides with ev everything to invest it with a deep and soldnin importance. The judiciary to us is everything; to it we are mainly indebted for all we have, and on it we must depend ; to it we must look for all we hope to have. Let us be careful then, 1 beseech you, how we tamper with it, lest in an unguarded moment we strike a fatal blow. To a free people, and a people who desire to remain free, a written constitu tion with justice and equality for its ba sis is absolutely necessary; but, sir, that constitution, however well defined—how ever just and equitable in all its provis ions and features, is not worth the paper on which it is written, if there be no power in the government to protect, de fend and expound it. The Constitution has often been assailed and Its prin ciples attempted to be contravened by hasty and inconsiderate legislation ; the Legislature has often laid upon it its rude and unsparing hand, and had it not been for the timely interference of the Supreme Court of the Commonwealth, it would have received many a serious wound, and in wounding it you wound the people and their dearest rights. 13ut it may be said what has time to do with the question. It has this to do, sir ; under our wisely adjusted system of jurisprudence, our courts of justice arc not political arenas, where judicial gladiators may meet to carry out some favorite party project, where instead of protecting and defending the Constitu tion, they make sad and lamentable hav oc of it—under our present system they are in a great measure removed above and beyond the swellings and surgings of popular commotion, and of party strife and party bitterness. They are no part or portion of it, and as a conse quence they are not its slaves to do its bidding, and its dirty work. Their po sition is rather neutral than otherwise, and they are thus fitted to judge calmly and decide impartially. This perhaps is not the time to spealc of the present Supreme Court as it deserves to be spo ken of. When it has been struck down by radicalism and poluted with party spirit, the people will be able to see and to feel what they have lost. I mat', however, sir, speak of the head of that court without being regarded as invidi ous in any sense. The present chief justice of the Commonwealth of Penn sylvania is a man that the State and the nation may well be proud of—with an enlarged understanding, a powerful, vig orous and discriminating mind, he has shed a lustre upon the bench; and his judicial opinions will be read and ad mired as long as law and learning are appreciated. Let his enemies be patient, he is an old Mari, dud it may soon be said of him as it was of Duncan; "after life's fitful fever he sleeps well." But when you come to elect the Supreme judges by a party movement and a par ty vote, you change the complexion of affairs ; ynu give that court a party cast, aye, sir and you give it,a party bearing and a party leaning. You bring it into the mire and filth of party politics, and it is at once shorn of that regard and that respect which should ever be en tertained for it and its decisions. Make It a party bench, as it would be, and what becomes of the rights of the mi nority 1 For remember, sir, the consti tution was not made for the majority alone, it was made for all ; yes, the humblest citizen that walks is entitled t o its provisions. He has a right to hold it up as his shield and defence, and to claim its protection ; but when the supreme court, the court of the last re sort of this great State, has become the theatre for party to figure in, emit would soon be under an elective system, God VOL, XV, NU 10, help minorities; for the court *Oultl become the reti , •estintatiVe of the' inajoi ity--that Majority who placed them' iii power. . Hut' et' may be said, they need not become party frien, they need tint be influenced by parties. Is there a' thrift in this House who is tfUt fd seiffie extent influenced by consideratiobs that may favor the party that elected him ; are we not particularly anxious about the fate of our party. Let any man look at the voting here, and see how far par , ty feeling can and carry men; and tell me tho...i.ve are not to a considerable extent its slaves. Why, then, will yod ask more of judges thdO we ore willing to do ourselves ? They nre but flesh sand blood, as we are, subject tei temptations, and is it fair, is it fight that we should expect, that we should ask them to do what we cannot do Show me the man who can rise superior to party spirit and party influence, especi ally when he is a constituent portion of it, as the judges would be if elected.-- There lives no each man, To elect n judge by the people, yen place him to a greater or less extent on , der obligations to all those who have war/fined and supported him. Every man who has voted for him or contribu ted to his election, supposes that he has some claims upon him, and when his cause is to be tried and adjudicated be. fore him, he will be led to expect much favor at his hands. You thus place a judge in circumstances its which he nev er should be placed ; if one of the suit ors before him for trial has been his bit ter opponent, he goes into that Court with little expectation of receiving jus tice at its hands, and if defeated he goes home, not satisfied that the weakness or want of merit in his cause defeated him, but that it was his opposition to the judge that rendered the verdict against him. However the truth of the case might be, this would be the natural con clusion to which he would come; and men, under such circumstances, instead of quieq and peaceably acquiescing in the verdicts of our courts, would be led to look upon them as the mere reward of party, and the time would soon come when decisions and verdicts would be of no more value than the paper on which they are recorded. But suppose anoth er ease, Suppose there to be an elec tion for judge in is certain district ; sup pose the campaign to be warmly and fiercely contested on both sides ; sup posing I, sir, ns a voter in the district, felt it to be my incumbent duty to op pose with great energy the election of the successful candidate. I do all in my power to defeat him, and labor with great warmth and great zeal for the success of his opponent; think you, sir, when I come into that court with a cli ent, that I am going to receive that eon sideration which is given to the lawy& who was his fast friend 'I My client then becomes the victim ; if it is in a civil case, then he may appeal and take it to a higher court ; but as the Speaker has well remarked, there is no remedy in a criminal case, there is no appeal ; if injustice has been done him, he must suffer without remedy. Take still an other case. Supposing the candidates for judge in a close district, canvassing their district, meeting their fellow citi zens at every point ; meeting men who have causes to try, and those men talk ing to them fully and freely about the great merits of their cases, and the in justice that has been done them. In a word they are electioneering for the of. fice, (for it will come to this, and it Is idle to deny it,) and they must pass through all the paraphernalia incident to the successful politician. Is a man under such circumstances, just emer gitig from a fierce political strife with all the feelings and prejudices fresh upon him, fit to be a judge: fit to administer the law as it should be administered, without "fear, favor or affection." But it has peen said by the gentleman from Adams, that the appointing power at present is the same thing. Not at all, sir. The Governor who appoints and the Senate who confirm, never in all probability, come before that judge for trial ; he will have nothing to do with their interests or their rights. Never perhaps embarrassed by having before him, the man from whom he received his office; while on the other hand it is absoluWy certain that many, if not all the voters in his district will at one time or another be in his court as parties or witnesses. Thus the case is widely dif. feront and strikingly distinguished. Let it not be said, however, that I lack confidence in the people--that I doubt their capability to choose good judges, for I do not ; I believe the people might and would elect a good judge, but that is not the question. Sir, how long would he remain a good judge under the infiu. ences and temptations which surround him 1 Would he adhere to Lis integrity under all circumstances ands' all times (CONTINUED ON !RE FOURTH PAGE.]
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