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produce to Milwaukee, where there is the best market town in the territory.

The greater part of our lead at present, I believe, is shipped by the way of New Orleans. Our men of capital and enterprise are far behind the spirit of the age in forwarding their own interest and that of their country. We must for the future awake from our lethargy and put our shoulders to the wheel, and all those who are legally entitled to a vote will first of all vote to become a state, and those who are concerned in the division of the county will consult their best interests by casting their votes against that fatal measure. I do assure you, fellow citizens, that this address has been written by no unfriendly hand; I will only remark that your humble servant has always been and ever shall be a staunch friend of the settlers on the canal lands, vowing never to cast a vote for any man who is not in favor of their getting their lands at one dollar and a quarter per acre, the minimum price of government land. I do think that to charge them any more is contrary to every principle of law and justice.

There are two or three great advantages that we will gain. by becoming a state and getting public works in a state of progression. First, the great number of men working on the public works would settle the interior of the country on the route, and we would have the representatives in Congress, and our portion of the senators; these would be an offset against the "Native American party members from Massachusetts and Philadelphia." Besides, it is much better for us to come into the Union now when the Democrats are in power, because we will be more sure of a liberal constitution, and we can without any difficulty, please God, elect our venerable Governor Henry Dodge to the same office that he now holds. In conclusion, I deem it highly important to call upon all foreigners, more particularly, my countrymen, the sons of "Erin's Green Isle," to lose not one minute, but go and declare their intentions to become citizens of these United States, and then, according to law, they will be en

titled to a vote at the coming struggle at the next town meeting, and for delegates to form a state constitution. I remain, fellow citizens, your ever faithful servant.

HIBERNICUS.

OUR STATE CONSTITUTION

[May 20, 1846]

Several of the newspapers of the territory have approached the subject of the formation of a state constitution, and [have] given their views in relation to certain features which they wish to see incorporated in the constitution. We are glad to see this early awakening upon a subject of such vital importance. Experience has proved that the fears which operated upon our ancestors in framing the early state constitutions, of giving too much power to the people, were groundless, and that the appointing power has proved to be the most corrupt source of power in the general or state governments.

Much has been said of the danger of an elective judiciary; but is there any enlightened politician in the state of New York who, after twenty-four years' experience, can be found to advocate the abandonment of the present system of electing justices of the peace, and a return to the system of appointments? Yet even Martin Van Buren, who strenuously opposed the proposition of electing justices of the peace in every town by the people, on the ground that they would be too much under the influence of local and party feelings, said that it was perfectly obvious that every consideration that would be urged in favor of electing justices of the peace would apply in favor of having the judges of the higher tribunals also elective; and that even fewer objections exist to having those courts selected in this way; and also that there was an inconsistency in having the judicial officers appointed and the justices of the peace elected.

What we most religiously believe, is that legislative appointments are the most corrupt, because there is no way in which legislators can be made personally responsible for a bad appointment. Every man who has taken the pains to observe for himself has seen that logrolling secures appointments without regard to the qualification of the candidate.

VIEWS OF "ORMOND"

[August 19, 1846]

The time is approaching when the representatives of the people of the territory will, pursuant to law, assemble to frame a constitution under which the star of Wisconsin is to arise and take its place in the national constellation.

That our state constitution will be republican, is certain. That it will be democratic is, I conceive, also certain. It must be republican in order to satisfy the paramount constitution of the United States. It must be democratic in order to satisfy the people of Wisconsin.

As it is hoped the spirit of liberty will animate our delegates, there will doubtless be much discussion upon minor points and possibly some difference of opinion on matters vitally important.

There is one head upon which there has been some discussion and upon which I hope there will be more, for it is one of the most important if not the most important which our delegates will have to consider and pass upon.

I mean the judiciary. It is said by many that our judiciary ought to be elective. Many others are for adhering to the time-honored system of executive appointment, by and with the advice and consent of the senate or upper chamber of the legislature. Lights are called for, and discussion is invited. In these enlightened days a name is absolutely necessary to give weight to an opinion, and I hope I will be pardoned for presenting a rather lengthy extract

from the learned author of the Commentaries on American law-the Blackstone of the United States.

Many may dissent from the views of Chancellor Kent, but all must respect his opinion. He says (Commentaries, I, 291) 8

So much for the authorities and precedents cited, and for the views of Chancellor Kent on the subject of the judiciary. The advocates for elective judges may quote the constitutions of Mississippi, Vermont, Rhode Island, and two or three other states, but they will hardly desire to weigh them in the balance against the great majority of the most important states in the Union and the Constitution of the United States with them.

It is true it is possible we might have good judges by electing them for a term of years. The people may have discrimination enough to choose their judges, and virtue and magnanimity enough to support them in the administration of the laws upon all occasions and in all emergencies-but it is asking too much, and risking too much. It is possible the people may always do their duty, but, as the authority I have so freely quoted from says, "all plans of government which suppose the people will always act with wisdom and integrity, are plainly Utopian, and contrary to uniform experience. Government must be framed for man as he is, and not for man as he would be if he were free from vice."

There may be many men in Wisconsin who as judges (under any circumstances) would act honestly and uprightly. But, I will repeat, it is asking too much and risking too much. We have nothing superior to men in Wisconsin, of which to make judges (except the ladies; but although they are all judges by immemorial prescription, with jurisdiction. universal and supreme, yet they will only preside-whenever they please) and therefore we cannot expect superhuman virtue and consistency.

• Here follows a long citation from Kent's Commentaries, which we omit to print.

Suppose a judge is elected for a term of say six, eight, or ten years. As soon as he begins to feel easy on the bench, he begins to think of a reëlection; and it is perfectly natural that he should. Having left, perhaps, a lucrative business for a seat on the bench, he will be anxious to preserve his seat, for he will know that his former business has been flowing in new channels, and he may conceive that it might be rather difficult to get it back. As time rolls on, instead of applying himself to study and increasing his store of legal knowledge, he must begin to make political capital. He must read the newspapers, instead of "the authorities." Instead of getting acquainted with reports and decisions he must get acquainted with politicians and wirepullers; and instead of holding communion with "the illustrious dead" in his library, he must hold communion with his "fellow citizens' in the streets.

I do not say that the power of appointing by and with the advice and consent of the upper legislative chamber is not liable to abuse. The question is not what plan is perfect, for perfection in unattainable, but what plan is the best and most conducive to the public good and to the interest and honor of the state. And experience and reason seem to concur in forcing the conviction that a judiciary appointed by the executive with the advice and consent of the upper branch of the legislature, each judge holding office during good behavior, or until he should have attained the age of sixty-five or seventy years, and having secured to him, by law, a liberal, stated, yearly compensation, which should not be reduced during his continuance in office, is the best that is known, and the safest a people can have.

ORMOND.

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