Debates of the Convention to Amend the Constitution of Pennsylvania, Vol. 4
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| Hersteller: | Forgotten Books (Convention, Pennsylvania; Constitutional) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Debates of the Convention to Amend the Constitution of Pennsylvania, Vol. 4: Convened at Harrisburg, November 12, 1872 Mr. Mann. I second the motion. Mr. Lilly. I move, as an amendment, that it be laid on the table. The President. That is not an amendment to the motion. Mr. Hunsicker. I move that it be indefinitely postponed. Mr. Harry White. I hope that the consideration of this matter will be postponed for the present. Mr. H. W. Palmer. That is right. Mr. Harry White. I make that motion. Mr. Bartholomew. I second it. The President. It is moved and seconded that the further consideration of this subject be postponed for the presents. The motion was agreed to. The Judicial System. Mr. Darlington. I move the Convention resolve itself into committee of the whole for the further consideration of the article reported by the Committee on the Judiciary. The motion was agreed to, and the Convention resolved itself into the committee of the whole, Mr. Harry White in the chair. The Chairman. The question before the committee of the whole when it adjourned yesterday was the amendment of the gentleman from Allegheny (Mr. MacConnell) to the amendment of the gentleman from Philadelphia (Mr. Woodward) to the second section. The gentleman from Allegheny (Mr. Ewing) is entitled to the floor. Mr. Ewing. I will yield to the gentleman from Butler for the present. Mr. J. N. Purviance. Mr. Chairman: I shall confine my remarks as closely as I can to the question now before the committee, and I promise to ask their indulgence but for a short time. The question, as I understand it, is on the motion of the gentleman from Allegheny, (Mr. MacConnell,) amendatory of the proposition of the gentleman from Philadelphia, (Judge Woodward,) and may be briefly stated: Shall the judges be elective or appointive? Much has been said on both sides of the question, and well and ably said. I shall not pretend to answer all the arguments of the gentlemen who favor the appointive system, nor follow in the same line of thought with the gentlemen who favor the present system of an elective judiciary. It is gravely asserted that the rights and liberty of the people are not safe under an elective judiciary, and that the people are not competent to make wise and judicious selections of judges; that bad and corrupt men will control nominations, and that judges will be chosen more from partisan sympathy than from considerations of the public good. But no facts or proof are brought forward to show that the appointive is the best system. It is true that the distinguished delegate from Philadelphia (Judge Woodward) asserts that the Judges held their office by appointment for over one hundred and fifty years, from the organization of the government under William Penn down to the year 1831, and that since then, only a period of twenty-two years, they have held by elections; and he seems to assume that the people had a purer and better, a more able and profound judiciary under the appointive system than under the popular system now in force. How does he prove this? I have listened carefully to his arguments, and have been unable to discover anything in them which establishes the facts assumed by him. It is true he refers to cases where the people have not, in his judgment, made the best selection of judges. That may be so, but what does it prove? Rather an objection to our whole form of government than to any co-ordinate branch of it. The people, perhaps, do not always make the wisest choice of Presidents, Congressmen, Governors, legislators, &c.; yet the great and wise principles of our government, national or State, are not to
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