The Daily Union

Old Fogyism—Genuine

We hear a great deal of very absurd and unmeaning babble about "old fogyism;" but here is a specimen of the genuine article from the pen of our venerable neighbor of the National Intelligencer. Speaking of the proposed revision of the constitution of Louisiana—a question upon which the people of that State voted yesterday—the Intelligencer says:

"One of the oddest arguments, to our conception, in favor of a revision of the constitution, and which is urged by one of the conservative journals of New Orleans, too, is to secure the independence of the judiciary by giving the choice of judges to the people, instead of their being appointed, as at present, by the executive of the State. This change, extending itself from one State to another, is, we apprehend, gradually loosening the framework of our institutions."

We shall be glad if the Intelligencer will state one reason—or one phrase purporting to be a reason—why a judge elected by the people is, in fact, less independent, or is likely to be less independent, than the same judge when appointed by a governor—the governor himself holding his appointing power because elected by the people.

As we understand the matter, in those States where the experiment of an elective judiciary has been tried, the general conviction, both of the legal profession and of the people, is, that the new system has worked well, and tended to elevate the character of the bench, however high it may have been before. We have heard of no single instance in which the people, after trial of the two systems, have desired to change back again from an elective to an appointed judiciary.