Texas National Register. (Washington, Tex.), Vol. 1, No. 32, Ed. 1, Thursday, July 17, 1845 Page: 2 of 8
eight pages : illus. ; page 13 x 18 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
'v
r? ii -
350
TEXASNATIONL REGIS
July I-Tf
Z'
A-
-- -
U
TEXAS NATIONAL REGISTER
ir . s if rv firo .v.
THURSDAY JULY 17 1845.
LTHE CONVENTION.
.Wehave letters front Austin tp the 13th
inst. In our correspondence will be found
die chief proceedings of the Convention. That
body hns now disposed of all questions of con--tested
elections &c and the appropriate com-
mittees are-dilligently engaged in drafting the
several rpawioris of he new constitution.
They have not yet reported and until tliey do
the jouraa)s of the convention cannot furnish
much matter of general iuterest.
Hon. W. B. Ochiltree has been declared
entitled to his seat in the Convention asDepu-
ty from Nacogdoches by a vote of 36 to 19.
The-.ndditional members sent from Galves-
ton Sabine1 and Bowie have not obtained
seats.
The Convention upon tearing of the Vice
President's .death suspended business for one
day.
We ore 'happy to learn that a commenda-
ble spirit of industry and accommodation per-
vades the Convention.
P. S. 'Since wiitingthc above the Hon. W.
B. Ochiltree has arrived in town from Austin
lie left on Monday morning. The commit-
tees have not yet reported and wc are conse-
quently in possession of no further intelligence
of the progress of the Convention.
'A semi-weekly mail has been established
between this town and Austin and as our fa-
cilities for obtaining Jate intelligence arc thus
increased we shall endeavor to present our
readers at the earliest period with the pro-
ceedings of the Convention.
The Hon. Mr. Douelsou returned from
Austin on Tuesday evening. On yesterday
he had an interview with the Secretary of
Stale and took leave of our Government. He
proceeded immediately to Galveston.
The Hon. David S. Kaufman who was
some time since appointed Charge" d' Affaires
to the United States has signified his accept-
ance of the appointment and proceeded upon
his mission. We learn-that Mr. K. was de-
rained by sickness a few days at Crockett but
are happy to be assured of his recovery and
that he is prosecuting lus journey in good
health and we trust without further interrup-
tion u the city of Washington.
Judge Mills who had been elected Deputy
tu the Convention from Red River lately re
signed hU seat in consequence of continued ill-
health. B. C. Bag'hy Esq. has been elected
to supply the vacancy thus occasioned.
Mr. Charles B. Stewart hite a candidate for
Deputy to the Convention from Montgomery
county has obtained a certificate from the
Chief Justice of that county that Gen. Hous-
ton avus not at the recent election a candidate
and ns Mr. Stewart received the next highest
number of Votes to the gentlemen who were
elected Deputies he has gone on to Austin to
claim a seat in the Convention.
Mr. James Kinney the eldest son of Rev.
Mr. Kinney of Austin count' was lately mur-
dered by Indians near Corpus Christi. We
are told he left home for Corpus Christi about
the 1st of June. Upon his return (about the
14th) when near the mouth of the Nueces ha
was attacked by a party of Indians and put to
death with every attcudant circumstance of
cruelty incident to Indiau barbarity. His
body wjs conveyed tp Corpus Christi by the
citizens and buried with many manifestations
of regret Jbr the untimely fate of a young man
who wo are told was of great promise and
universally beloved.
A-general election for President of the Mexi-
can Republic will he held on the first of Au-
gust. The candidates are Gomez Fariasa
Federalist Col. Almonte of Texian memory
and late minister to the United States and
Gen. Herera ther present- incumbent of the
Executive chair. ' It'is thought Gomez Farias
will succeed and in that event we. may antici
pate the re-estaulishnieiit'of the constitution of
'24. We wishhitn'sudcessas much' msf'i
Texian may. vj
THE ORGANIZATION OF THE JUDI-
CIARY. The judiciary committee of the Conven-
tion comprises some of the most learned
Judges and soundest lawyers of Texas. We
are encouraged from this to hope that the
organization of the judiciary by the new Con-
stitution will be such as to ensure to the coun-
try the unpricenblc advantage of enlightened
judges and an enlightened administration of
the laws -Upon this subject we feel the deep-
est iuterest. - .In the distribution of political
power' it is comparatively of. .little conse-
quence to which department whether le-is!a-ttve
.or executive the lion's share may be
apportioned. In this the interests of the
sreat mass of the neople inav not in anv ureal
degree be -effected1 W-endangered'j but in the
just organization df the judicial&clepartincnt
of government in securing to it its proper
weight and character each man's individual
interest is immediately concerned for by it are
determined and secured to him the rights of
good government and his interest in the laws.
There are a greater amount nnd a greater
variety of interests dependent upon its wise
adjustment by the Convention than upon any
other matter which may be the subject of their
deliberations. In truth it is through this onlv
that we can realize and perpetuate ihe benefit
of other wise and salutary ordinances. A
Constitution is not wortli the paper upon
which ir is 'written uulrss while it institute
judges for tlie defence of our rights it also
provide that these judges shall be men com
petent to the task and worthy their high trust.
It can othenvisc have no practical effect. We
raay admire its beautiful theory but we shall
feel nothing of its advantages. We raav boast
the equality and republican simplicity of our
laws but shaft have no cause to pride our-
selves upon the efficacy of their administra-
tion or the protection they a fiord. It is then
even of more consequence to good govern-
ment to the prosperity of the country and to
the welfare of the citizens that we should
have good judges than good laws. Honest
independent and learned men are as essential
to .the office of judge as the office itself to
the administration of justice.
We haVe' before offered some observations
as to file plan by which these may be best
secured. We recur to this agin because of
the importance we attach to it. The Red
Lander newspaper differs with us in opinion
and supports the appointment of judges by
the popular vote but rjeveitheless we believe
we have public opinion altogether on our side.
So far as we possess means of judging the
people are against the election of judges by
the people; and .for ourselves we profess to be
good 'democrats and true we entertain in a
propena'nd becoming sense the maxim vox
populi vtix dei but we should look'upoa the
introduction of such a system not as the
extension of democratic principles but as the
establishment of mobocraey and in' the end
as subversive alike of law and liberty. Wc
know it reads well in theory and sounds libe-
ral in declamation that inasmuch as all
power lis inherent in the people and all offices
are" institutions for their use and benefit so
should all'offieers be elected by them. So too
it is said that as the three departments legis-
lative executive and judicial should be for-
ever separate and independent this can only
be completely' accomplished by the election
of the officers of each directly by the people.
It is truelhat this theory is simply and pure-
ly republican but is- it practical? It is one
thing-to becxcellent in theory but it is a very
different matter to be practically good. The
most beautiful creations of the genius of the
Abb6 Sieves -.who exhausted philosophy in
inventing constitutions were the'most worth-
less. Forms of government must he founded
not upon the basis of man's perfectibility but
with regard to the passions and capabilities of
the people. If the people by habit Ly edu-
cation by their peculiar pursuits and condi-
tion1 are qualified to determine who are the
most competent judges then let the selection
be .given to them; but if otherwise that con-
stitution! which 'commits this 'power to' their
hands contains ivithin itself a principle Vhrch
1 'Win render nugatory ail its more judicious
ordinances und bring its very republicanism
into contempt.
But if the election of judges by the people
be neither expedient nor convenient let them
be created in the manner next' purely demo-
cratic let them be appointed by the execu-
tive authority. The executive is the repre-
sentative of the great mass of the people be-
cause he is elected by the country at large.
lie holds his office by a clear majority of all
the votes given' and not of counties or dis-
tricts. It is not so with the legislature. Thut
body may and often docs represent the mino-
rity of the people. No apportionment of re-
presentation can be devised which will always
prevent this. Representatives and Senators
are elected by counties and distiicts and are
not therefore so much the representatives of
the great body of the people as of .particular
sections of territory- The executive then is
more .immediately the democratic branch of
Government and to his hands it is proper to
confide the creation of judges isubject as we
before have intimated to the confirmation of
ihc Senate. By this means will 'be attained
the greatest good of the greatest number and
that is the true principle of democracy. Let
it be remembered that the plan of appoint-
ment we urge is the one formed by the great
lights of liberty the fathers of the American
revolution and the reputation of the United
States Bench attests its wisdom. It is the
same plan which has been adopted in nearly
every Slate of the American Union and 'ery
where it works well. ' The State of Missis-
sippi indeed recently gave the election of
judges to the people and the impolicy of the
step has already been made apparent. Nor
is our own history destitute of information
upon this subject. In those emergencies
when under the Constitution the power of
creating judges vests in the executive when-
ever they have occurred we hazard nothing
in saying the judges appointed by the Presi-
dent have generally been gentlemen of greater
learning and reputation than those who log-
roll lor judgeships in Congress. The moat
respectable judges we have ever had upon the
bench have been originally of executive ap-
pointment. This log-rolling is degrading to
the character of the beach and yet it seems
inseparable from a contest for office when the
electors are numerous. It is a sufficient rea-
son why the legislature should have as little
as possible to do with the election of judges.
The fawning the bending the pliant hinges
of the knee the corrupt bargaining and job-
bing attendant upon the canvass are almost
sufficient to deter a gentleman who entertains
a decent degree of self-respect from attempt-
ing it. Moreover the sectional feeling and
part)' politics which are made to operate upon
the election must stamp their colour upon the
man elected and hazard the purity of the
office. Whereas the judge should be identi-
fied with no party or district but with the
whole country elected for his knowledge of
the laws the respectability of his attainments
and the integrity of his life.
The term of office of the judge is an im-
portant consideration. We do not think any
good purpose can he served by applying in
this instance the principle of short terms or
rotatitfn in office. The judicial department
of government is essentially conservative in
its character. Moreover the judge as much
as any other officer becomes more competent
to discharge the duties of his office by expe-
rience. The longer he sits upon the bench
the better fitted he becomes for it. Frequent
changes of judges will introduce confusion
in the rules and practice of the courts to
which certajuty is more necessary than im-
provement. .The term of office then should
be reasonably prolonged. The judgeship will
be more acceptable to the best men by reason
of the length of its terra ; it will be more pro-
fitable and therefore esteemed .more honora-
ble. In the present state' of oUr population
however considering that the country in no
great degree abounds with any very exalted
judicial capability it may not be advisable to
prolong the term of office of the judges first
created under the State Constitution beyond
four years j ' but ' afterward 'as the country be-
came more densely populated and the num-
ber of men of high order of intellectual and
legal attainment is increased perhaps a term
of ten years or even for life may not be too
protracted. The judges of the U. S. Supreme
Court are appointed for life and so in many
of the States of the Union. In England also
whose judiciary is- perhaps the most enlight-
ened in the world the judges are appointed
for life. Formerly they held office during the
pleasure of the crown and it was esteemed ;i
popular triumph when the king by extend-
ing their tenure rendered them independent of
his government. At this day it is in a great
degree to the boldness and independence of
English judges we owe ir that Jihe common
law is the law of liberty.
The removal of judges for the commission
of crimes and misdemeanors by impeachment
is perhaps the best method which can be de-
vised. A judge however may become ob-
noxious to the people for causes which can-
not properly be made matter of impeachment.
In such case if the term of office he for any
very extended jjeriod it may be well to vest
in the legislature the power of removal by
vote of four-fifths or three-fifths of each house.
This would guard against removals for trivial
reasons nnd at the same time sufficiently
ensure a judiciary animated with the spirit of
the people and the day.
We have spun this article to greater length
than we had intended but the importance of
the subject is sufficient apology. We offer
our suggestions respectfully lothe members of
the Convention. The plan proposed for the
creation of judges we believe if adopted in
Texas will meet the approbation of the peo-
ple. It is recommended by some of the best
jurists and best intellects in the country. It
is recommeudpd by the practice in other coun-
tries and by our own experience. It is no
new thing; the election of judges by the peo-
ple or by the legislatures is an innovation of
a late day and uo improvement. It is the
work of a spirit of uhraism in politics und
has neither sober reason nor experience to
justify it. We shall deeply lament the adop-
tion of such a system in our new Constitution;
and we believe the country would soon have
cause to rue it.
We have seen hitters from the U. States
from which we learn that Gen. Houston will
not he able to return to the Republic in suffi-
cient time to serve his Montgomery constitu-
ents in the Convention. The low state of the
river prevented his arrival at Nashville until
subsequent to the decease of Gen. Jackson
and this event has seriou?Iy interfered with
his arrangements. At the solicitation of the
citizens of Nashville he consented to pro-
nounce the departed warrior's eulogium and
he is necessarily detained at that city. Invi-
tations of a character which it were almost
impossible to decline have also been thronged
upon him to visit Washington and the north-
ern cities of the Union. The country will
therefore be deprived of his anticipated labors
in the formation of a State Constitution but
we trust the honor done the country in. the
person of our countryman will in some de-
gree atone for his absence at a tims when his
presence were so desirable.
By the recent departure of Mr. Cobb the
French ConsuVat Galveston who has gone to
France we learn upon his private account
and by the absence of Col. Hockley at the
Havana who we presume is also minding
hrs own business the mystery manufacturers
of New Orleans and Galveston have found
plentiful supplies of the raw material and are
now busily engaged in spinning tough yarnsf
and weaving annexation mysteries astound-
in disclosures treasons stratagems and
spoils. We fear however the market has
latelv been glutted with this description of
goods and regret the dull prospect of trade
before thejpublic spirited manufacturers whose
zeal deserves encouragement. We suggest
however that n moderate invoice of "prtposter-
ous sinuosities11 of the News pattern may pos-
sibly find a market at Galveston.
The Richmond Enquirer announce! Ei-
President Tjrler. ai'f candidate for the Uni-
ted Statei Senate.- i
te
' A'
a
yf .
z-
t .yw t
.Aj
fV
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Texas National Register. (Washington, Tex.), Vol. 1, No. 32, Ed. 1, Thursday, July 17, 1845, newspaper, July 17, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80126/m1/2/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.