what is right, whereas your presidents and governors elected at short intervals are constantly aiming at continuance in power and shaping their measures in reference to that result rather than the public good? Is it not an argument just as cogent and just as powerful against an elective executive as an elective judiciary?

But when we have stated that the argument applies with just as much force against electing other officers as against the election of judges we have stated the case feebly and imperfectly. For in truth it applies with vastly more force against the election of most other officers than judges for two reasons. In the first place judicial proceedings are peculiarly public. In the second place they are exposed to the keenest scrutiny. Nothing is done by judges in a corner, but whatever they do is transacted in the broad and clear light of day. Compare their powers with that of appointment and removal from office, which belongs to the executive in most states and which is exercised without the assignment of a reason; compare them with the powers involved in the transaction of public business in those offices, the proceedings of which the public are almost entirely ignorant of; compare the opportunities for favoritism or corruption possessed by judges with those of almost any other officer exercising any discretion, and the advantages for an abuse of power will be found altogether against the judiciary. They are interested, and keen, and anxious counsel to weigh every judicial opinion to scrutinize every judicial reason. The duty of the judge is mainly to decide questions of law. If a judge on the circuit makes a wrong decision, a bill of exceptions is filed, the cause is transferred to a higher tribunal solicitous about their legal reputation, and his opinions are reversed. Who ever heard of such a road to consequence and popularity as a pavement formed by a series of erroneous decisions, detected, exposed, and published to the world as enduring evidence of the ignorance, imbecility, or corruption of the man by whom they were rendered?

If judges decided questions of fact there would be more force in the reasoning, for then corruption might be practiced to some extent without exposure-in decisions of law questions it is impossible.

Another consideration is that this imaginary independence of judges is not secured at all unless you prohibit their election to other offices. Is it not quite apparent that their independence will be just as likely to be destroyed by ambition for other offices as the desire of continuance in the present one? If they can secure popular favor and continue in office by foolish or corrupt decisions, they may in the same manner attain to other offices. The argument,

then, if it has any force, goes against electing judges to any public office. That, however, is not contended; for nobody proposes that persons holding the office of judge shall be ineligible to other offices. And if such a proposition were made it would be condemned by the practice of the whole country. For the instances are abundant of men who have occupied the executive chair in various states with distinguished ability-of men who are now ornaments to their country in the national Senate and House of Representatives and in the public departments at Washington, who have been removed from the bench to the present or other public stations. Now we should like to hear some distinct and intelligible reason assigned, how the impartiality of judges can be impaired by dependence upon the people for continuance in that office and yet be unaffected by eligibility to other offices of which they may be ambitious.

The influence upon judicial impartiality of electing judicial officers has been fairly tested in the cases of justices of the peace and judges of probate. In several states of the Union these offices have been elected [elective], and the system has met in these states with almost universal approbation. To say that those offices are comparatively unimportant would be no sufficient answer, if the remark were true in point of fact; the principle is precisely the same. If electing judicial officers will destroy their independence, then none should be elected. But their offices are not so unimportant; once in about every thirty years all the property of the United States passes or should pass through a course of administration in the offices of the several judges of probate or of those exercising their functions. And as to justices of the peace, although they do not decide cases of equal magnitude with those in other courts, they settle a larger number and fix the title to a much larger amount of property in the aggregate.

Among all the complaints that we have overheard about justices of the peace and disappointed litigants are free to make them, and they are almost always unreasonable--among all the bad motives which we have heard imputed in a moment of excitement, we do not recollect a solitary instance in which a justice has been charged with acting with a view to political results.

Much more is to be dreaded from dependence of judges upon executive appointments than popular election. The executive may often have an interest in opposition to that of the mass; he may have a strong anxiety in particular cases for the acquittal of the guilty or the conviction of the innocent. The people can have no anxiety except for a righteous decision.

GRAND RALLY FOR THE CONSTITUTION—THE MULTITUDE IN MOTION

[February 24, 1847]

On Saturday evening pursuant to a call which was posted during the forenoon of that day the Democracy of Milwaukee-the laborers, the producers, the hard-fisted and true-hearted sons of humanityrallied in their strength to testify their approbation of the constitution that has been framed for the state of Wisconsin-a constitution which carries out in letter and spirit those great principles of equal rights which all politicians profess to believe in. The voters assembled in their several wards and marched to the Milwaukee House, led by their several ward marshals as follows: Those of the first ward by Colonel Upmann; second ward, by R. N. Messenger; third ward, by M. Walsh; fourth ward, by John E. Cameron; fifth ward, by R. Allen. They were there formed in procession by Gen. A. W. Starks and marched to the courthouse, led by the fine German Band, and accompanied by torches.

On arriving at the courthouse that spacious building was immediately filled-literally packed full,-court-room, hall, stairways. and vestibule—and still a large crowd were entirely unable to obtain a shelter from the cutting northeast wind, which was blowing almost a hurricane, and were consequently obliged to retire. The meeting was called to order by Wm. P. Lynde Esq.; Hon. John P. Helfenstein was chosen chairman by acclamation, and R. N. Messenger and J. G. Barr appointed secretaries.

The Chairman opened the meeting with a few pertinent remarks, when A. D. Smith moved the appointment of a committee of five to draft resolutions. The following gentlemen were appointed said committee: A. D. Smith, L. Hubbell, J. A. Brown, M. Walsh, and M. Schoeffler.

A. D. Smith, being loudly called for, arose and addressed the multitude in his usual felicitous and eloquent manner. His remarks elicited frequent and enthusiastic cheers.

At the conclusion of Mr. Smith's remarks I. P. Walker was enthusiastically called for, who in a powerful argumentative speech showed the superiority of the constitution now presented to the people of Wisconsin over any other one that had ever been framed. He briefly traced the progressive spirit of civil liberty from the days of barbarism, through the dimly lighted pathway of feudal slavery, to the broader light of constitutional laws, and showed the struggles

that it had encountered in all ages through the selfishness of the interested few who have ever attempted, and generally too successfully, to live upon the earnings of the masses. He showed that the same spirit of selfishness was at work to defeat this constitution which has taken another advance step in human rights. Mr. Walker closed with a most thrilling appeal to the laboring multitude, the friends of humanity-the philanthropist and the patriot-to rally in its defense. His speech was received with the most rapturous applause.

The committee on resolutions reported through their chairman, General Hubbell, the following resolutions, which were received with every demonstration of approval and enthusiasm:

"Resolved, That in the opinion of this meeting the adoption of the constitution framed by the recent convention at Madison will secure the essential rights and promote the best interests of the people of Wisconsin; while it is the only means of effecting a speedy termination of their present territorial vassalage; that entertaining these views we intend to vote for it, to work for it, and to recommend it to our friends throughout the territory with all earnestness and energy until its final triumph on the first Tuesday of April next.

"Resolved, That we hail the great leading features of the proposed constitution as presenting the surest, soundest, and broadest platform of civil and religious liberty ever yet laid before the world; and we deem their preservation inestimably more precious than the correction of a few alleged defects, which time and trial may yet approve, or which the people can alter, amend, or eradicate in their own time and way.

"Resolved, That while we accord to every independent elector the right to think and act for himself, and while we freely admit that objections exist in different minds against different portions of the constitution, we cannot regard those differences as forming any sufficient ground for opposing the whole instrument or for subjecting the people to the danger, the delay, and the expense of a new trial, for the doubtful chance of a better instrument.

"Resolved, That Milwaukee County is essentially and unchangeably devoted to the great principles embodied in the present constitution; and notwithstanding the interested clamors of a few in one party and the reviving hopes of a slender majority in the other, we entertain the fullest confidence that the sober sense and sound patriotism of the masses will give to that instrument a clear and decisive majority at the coming election in this county.

"Resolved, That in view of the invaluable rights and interests involved in the adoption or rejection of the proposed constitution, we invoke to the subject the candid, cool, and enlightened consideration of men of all parties; we ask them to examine the ground on which they stand and to determine for themselves whether the result of a rejection of this instrument will not be disastrous to the public peace, fruitful in strife and division, prolific of debt and taxation, and possibly the first step towards a form of government hostile to the best interests of the sovereign people.

"Resolved, That the occasion calls for the best energies of the friends of popular government; that we call upon them to be up and doing; that we invoke upon their efforts a spirit of harmony, concession, and honorable union; that we pledge ourselves to one another and to the people of the territory to act upon these principles, and to give to the constitution our hearty, united, and untiring support, until the ballot boxes shall tell the final result."

The Chairman followed the reading of the resolutions with a short and brilliant speech, pointing out the great leading features of the constitution-which, over and above all minor defects and objections, should command for it the prompt and unyielding support of the masses and crown it with triumphant success.

William P. Lynde, being unanimously called for, came forward and in his happiest style answered to the call. His remarks upon the bank article of the constitution were most lucid and convincing. He showed that the circulating medium, the currency of Wisconsin, was all derived from two sources: emigration and the surplus products of the soil. That emigrants generally brought gold and silver, and our products would bring the same currency if demanded; that the market of the world, into which our breadstuffs are taken, is governed by a specie standard, and any cheaper currency only defrauds the producer to the full amount of the difference in value between gold and silver and depreciated bank issues. Anything like a fair report of Mr. Lynde's speech cannot be given in the limits of this article.

After he had closed a general call was made for Mr. Coon, when the meeting was informed that Mr. Coon had left on account of sickness in his family. Mr. William K. Wilson was then called for, but it was ascertained that he had also left, not being able to get into the house. The crowd then called for Mr. Mattheison, who rose and made a brief speech in favor of the constitution as it is, and appealed particularly to the adopted citizens to come forward to its support. Hearty cheering followed his remarks, when a motion was made to