that "the
Judges of the Supreme Court and District Court shall be elected by the
joint vote of the Senate and House of Representatives and hold their
offices for six years;" but a minority report, introduced by Mr.
Fletcher, proposed that all of the judges be elected by the qualified
voters of the State.
In discussing this question the Convention desired to follow the
wishes of the people; but it was not known that the people themselves
really desired to elect the Judges. On the other hand there is
no evidence that anyone favored executive appointment. So the question
before the Convention was: Shall the Judges be elected by the people
or shall they be chosen by the General Assembly?
Mr. Hempstead favored direct election by the people on the assumption
"that in a Republican or Democratic government the people were
sovereign, and all power resided in them." He did not believe that the
influence of politics would be worse in the election of Judges by the
people than in the election of members of the General Assembly. "Joint
ballot," he declared, "was one of the most corrupt methods of election
ever devised."
Mr. Bailey did not doubt "the capacity of the people to elect their
Judges;" but he thought that "there was real danger in the
Judges becoming corrupt through political influences. They were liable
to form partialities and prejudices in the canvass, that would operate
on the bench." He had "no objection to the people electing the Judges;
but he did not think they desired the election--they had never asked
to have it."
Ex-Governor Lucas said "the question would seem to be, whether there
was any officer in the government whose duties were so sacred that
they could not be elected by the people. All officers were servants of
the people, from the President down." He repudiated the idea that the
people were not capable of electing their own servants.
Mr. Quinton supported the proposition to elect the Judges, since
"this was said to be an age of progress." In his opinion "the ends of
Justice would be better served by elections by the people than by the
Legislature."
Mr. Kirkpatrick declared that the selection of Judges by the General
Assembly was "wrong both in principle and in policy." He was opposed
to "voting by proxy." He believed that "we should choose our Judges
ourselves and bring them often to the ballot box."
Mr. Fletcher "came pledged to go for the election of Judges by the
people." He believed th
|