Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-08-20

. NO nr... Of ,mncnce can be DESTROYS OF conccalng
its opinion the modes by which this to be done IN
deed from the candid and patriotic course OF the Rich
mond whg and Richmond Enquirer, we feel encouraged
ask their opinions the following suggestions oil re.
form: , -
s.b. and .hes BY people their respective COUNTESS
towns and boroughs; and limiting their tenure oi ONCE TO
n TORN years, and imposing some further restriction on
the jurisdiction OF the county courts - as to leave hem
OF probate and pohcci
2. Are you Tor or against the appointment OF Judges
either by the Legislature, or by the GoNernor' oy
and with the advice and consent OF the Senate ana
limiting the Of their office 10 term OF years mus
introducing efficient responsibility into the judicial
branch Of the government and opening the hono VI INC
bench the whole bar OF the STATED
3 Are you for against eecng the Governor by the
people, removing the restriction on the power OF the SENATE
TO originate bills and enargng its number 90 as TO pace
il beyond the influence OF ntigues, and the o'esnaHos
popularity OF Al few leaders,
l. Are you for against extending the ngh' OF
and ter aing the fraudulent system OF double Young
Arc YOU for or against some constitutional resir ciion
on the issue OF Bank OF small denomination, which
is intended to fill up the ordinary channels OF circulation
with gold and silver and give stability to the banking sSs
tent And you Tor against general system OF Na
ton which reach all wealth and property whether held
by individuals or corporations"
We do not hesitate to answer these enquiries
promptly and unreservedly, and none the less so
that we fear our opinions are in conflict with those
of the interrogator. A Convention, all seem To
agree is inevitable and that being the case free
interchange of opinion upon all the subjects like
ly to occupy its deliberations, is desirable.
1. As at present advised, we are opposed TO any
change in the County Court system, or IN the
present mode of appointing the officers OF the law,
clerks, sherfs, consables, &c. That the Coun'
ty Courts. as now constituted, are detective IN
some respects, may he safely granted; for to grant
it, is no more than granting the imperiection OF
all human things: Cliques among the magistracy
sometimes lead to improper appointments OF Jus
tees of the Peace Family interests sometimes
combine to secure TO particular families an undue
ascendancy But these evils we are disposed
TO think of infrequent occurrence and limited en-
tent. We are not aware that they have in any
instance led to oppression or injustice, and far
less to corruption. We strongly OF the con-
yiction, that the County Court Judiciary of Nlr-
ginia is as pure any in the world; cheaper to
the People than any other community is blessed
with, and rendering in the main, as substantial
and enlightened an administration OF justice. We
have never heard throughout the broad limits OF
Virginia Of an instance o! county court corruption
in the administration of justice, or even the sus-
picion of it. A system that has worked with so
much purity, and in the aggregate, with so much
popular contenlment; that costs the People moth
ing for Its support in the way OF pecuniary cen
tribution, and against which nothing can be al
legged more substantial than the exploded chime.
ra-exploded by experience Of 20 years-that
il will terminate in an Oligarchy, from its self.ap
pointing power-Such system, say, TO which
the People are infatuated, and with which they
are familiar should not be lightly changed from
mere love for innovation or fancy for experiments.
IL IL
change would be salutary, and not permit our
selves to he deferred from changing by any super
stitious adhesion to ancient forms or the
jorun But, where ancient forms are proved the
best by actual experience, let us adhere to them
with the more tenacity that they are ancient, and
were established by past and purer generation.
We cannot think without disgust and alarm, Of
the clerkships of the country the magistracy, the
sherifialty, &c.-al the offices connected with the
administration of justice, being put up, in these
days ofDemagogism and degeneracy, to the popu-
lar vote. In very many counties, the contest
would be party one entirely, excluding all con-
sideration Of the competency of candidates In
the 10th Legion, for example, not Wing Magis.
trate could be elected, as in other counties per-
haps, no Democrat would be left on the Bench,
is
BILE He who could play the agreeable most ef.
fectually to the People, would he chosen Justice,
or Clerk, or Sheriff, not he who was best qualifi-
ed to act in those capacities. Treating would
supersede qualification, and Party, not worth, die
tate appointments in the great majority Of cases.
In political Offices this is unavoidable; but we
trust the People Of Virginia will deliberate long
and cautiously before they consent to subject the
administration of justice to the action Of political
parties.
2. We are in favor Of appointing Judges as
now, by the Legislature, and Of their holding Of
flee during good behaviour This we believe is
necessary TO secure the perfect independence of
Judges, which, all agree is an indispensable pre-.
requisite Of their honesty But it must be confess
sed that in securing Judiciary independence,
there is no small hazard Of mourning Judiciary IT.
responsibility. The Judge elected for life, aud
safe from removal unless he commits moral Of
fence, is not placed ~ position particularly pro.
motive of cIertion. Hc need not continue to work
very hard, as his salary is equally certain whcth.
er he labOrs or is idle The incentive of ambi-
ton il in great measure Withdrawn, ne IN going
upon the bench he generally shakes hands with
aspirations and the hope oG farther Advancement
Something then is evidently needed to sustain the
energies Of the Judiciary IN the discharge ol their
high aud responsible functions. They have no.
thing now to brace them mp To the performance
Of most painful and repugnant and obscure duties.
but oonsoieHiioumess, the honest mans dclcrnl.
nation to do what his responsibilities require Of
him. THIS ought to he sufficient, but knowledge
81 human nature sufficiently shows that It is not
always sufficient.
Had we the authority Of Law Givcr, we
would mould the Judiciary thus !. We would
double their present salaries, which arc scanda
lousy low, too low to secure always the best Ia.
Tents, and too low to enable the Judges TO live a.
they ought TO live, to educate their children, and
TO provide q competency for their families in the
event Of their deaths prematuroly. .. 10 guarc
agains, the practical denial Of justice by the super
animation az the Judge, we would restrict thcil