Stephen H. Branch's Alligator, Vol. 1 no. 21, September 11, 1858
History
Stephen H. Branch's Alligator, Vol. 1 no. 21, September 11, 1858
New York (N.Y.) -- Politics and government
Our people have by this time purchased the significant lesson that it is
impossible to create an elective judiciary, worthy of esteem and capable
of discharging the onerous functions committed to their custody. The
learned Sancho Panza observed, with respect to the impossibility of
creating silk purses out of sows’ ears. We can do likewise as to the
utter inability of manufacturing judges, worthy of the ermine, from raw
material, such as Mr. Recorder Barnard and City Judge Russell, neither
of whom would be selected to decide upon the merits of a cock fight,
much less to determine the rights of personal liberty. Is the evil to be
longer endured, to be incessantly repeated, or are the people to take
the matter in their own hands that we may divest ourselves from the
burdens which Sinbad-like we are compelled to bear on our shoulders?
We have thoroughly tested the question of an elective judiciary, both
theoretically and practically, and we have arrived at one
conclusion—that we obtain politicians instead of judges, and thereby
jeopardize the very foundation of our national liberties. We have done
more, and openly pandered to the lowest vice in suffering the right of
ballot to be prostituted in order that the most unworthy of men may
creep into the judiciary. We have emptied the tap-rooms and bar-rooms of
their tenants, and have thus sullied the dignity of the ermine. We have
also done everything in our power to neutralize the benevolent
intentions of our republican institutions, by corrupting the only
safeguard for their perpetuation. And this series of calamities is
chiefly attributable to the introduction of the political manœvre of
rendering the judiciary elective, and thus we have sacrificed the wisdom
of our revolutionary ancestors.
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