Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1845-10-07

S"'"NS "" Ps1iN' a SpCCim'n Is ABOUT To
be exhibited at an Agricultural Fair of tie
State.
THE STATE JUDlCiARY.-The proba.
bility that convention will be called for re-
forming our State Constitution, calls forth
already many opinions as to the particular
amendments which ii requires. Among 9th
ers, the question whether the judges ought to
hold their offices during good behavior. or for
a term OF years only, must be met. TO the
consideration of all such questions we invoke
the calm and earnest reflection OF the people
without prejudice or party bias. Let the OK
perlcnce OF the past b. candidly reviewed.
Let neither the love of novelty seduce. nor
the fear ot innovation deter. But let sound
wisdom and high tone of morality pervade
the 1t, ALTERATIONS of the people. II il should
appear that the tenure of judicial Office during
good behavior has, throughout the experience
of several centuries, been found TO conducc
most to the purity OF judicial decision, the
security OF private property, and TO the har-
mony OF society, the right-,hinking men OF
Virginia will not, we are persuaded, abandon
so signal blessing for the sake of an ideal
Image oi popular power. A correspondent
of the Richmond Enquirer has written seve-
raj elaborate articles in favor of convention
and in his last he attacks the lilc-tcnure OF
the Judiciary as follows:
4 81 pass next TO brief review of the lie
iects IN the Judicial Department of the Gov.
enmcnt, under the present Constitution. Th,
tenure of Judicial office Tor life, possessed a,
the Judges are Of power over the roperty, the
, liberty and the life of our people, and beyond
the reach OF popular control or instruction
is gross perversion Of Republican principle
The iancied charms oi an Independent Judi
4 ciary, however wise and proper in England
where the judges receive their appointment,
from the crown, and where popular rights de
mand the independence arising from the life.
tenure, as guarantee against the ROYAL pow.
er, can have no foundation in Republican
Government, where the people alone are con
cerned III the blessings or Affections of the
Office. MIR. JEFFERSON, in a letter to SAMUEL
kERcHIvAI., dated July ~, l8l6-vol. 4, Cor.
page 2S5, has wisely and clearly exhibited the
distinction iii the situation of the two coun-
tries. He says: III England, iChere Judges
,oerc named aud removable at the iUM of dn
heredifdry Erecutire, from Chich branch
most misrnie Wds feared, and has fO,ccd. ii
,ods great point gained, by firing them for
tyc TO make them independent of that E.recu-
tire. But III Il Government founded on The
public iriH, this principle operates in al, op.
posite direction, aud against that wiH.' The
Judges are undoubtedly the most irresponsible
public iunctionarics in the State; aud from
the very nature. of their powers and duties.
may abuse their trusts with entire impuniry.
because the people are not Initiated, nor can
De, IN the complexities and mysteries OF the
legal profession. But To limit the term of
their appointments To five, seven, or even ten
years, subject to reelection by he LefgisIa
tShS office, would place them under etIec.
tual responsibility-would impart habits of
laltentlon and lndustry-wouldi nfuse into the
administration of public justice a spirit of
tpromptitude and energy and result i'm a chean
and speedy despatch of the business of the
courts, which, from the highest to the lowest
oil these tribunals, is now SO impcriously de-
manded. Under the life-tenure, however.
they rise above all responsibility. and Pructi-
caliy abolish that provision IN our Bill of
flight, which declares that magistrates ar,
nc trustees and SERVANTS of The peopLs. and
az dn fines dmsnabic 10 them Let not This
idea be denounced as dangerous, or condemn
ed as either novel or unprecedented I'm New
Jersey, the Judges OF the Supreme Court hold
| their Offices seven years, and those of The In
ierlor Courts of Common Pleas, for five wears.
In Georgia, the Judges of the Superior Courts
are elected ior three years. In Ohio. the
Judges OF the'Supreme Court, the Presidents.
and The Associate Judges of the Courts of
Common Pleas, shall be appointed by Joint
ballot OF both Houses of the General A ssem
bly,, and shall hold their offices for the term
OF seven years II so long they Jehape ,DeH
In lndiana, the Judges are elected for seven
years, n they shall so long behaue aoeH.' I'm
mississippi and Louisiana, the Judges also
ho'1 'iieir Offices Tor short prescribed terms :
anu III no States IN the Union, is the admin
istraion of public justice more pure. more
! prompt, AMI more satisfactory than in those
just en1m.ratcd. So much ior the Judges of
our Superior Courts"