Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1850-07-18
CONCLUSION OF
Mr. THOMPSON'S ADDRESS.
THE. JUDICIARY


elective Judiciary Tor the term of seven wears hut 70
eligible as long the voters choose tn trust the ncum
bPnis. So Of the election of all ceun Officers Clerks
Shes. &r.; the Clerks for SEVEN and the others for
one year, the Judges Of the Court of Appeals sLood he
elected by Districts the Circuit Judges by the voters Of
the counties composing the Circuit and The Justices at
the Peace by the voters of the COUNTY, The appoin-
uen Of the ministerial officers of the Courts vnnld
iake from The Courts for three rcas,ns First for the
sake OF uniformity, and preserving The principle Sc
condly becats 10 allow II IL remain as nj preSen
night weaken the members Of The Courts when their
own elections came aound. For example: the election
oil Judge might IT, Inc degree. turn upon whom he
would make the officers of his Court 'ibifJy if In.
Courts were not the appointing power they wonld be
more apt 10 hold otlcrr ricy 10 his duty NV tea
sons for holding periodical election of the Judicial off
GERS by the people, many that 10 attempt to set
them oIth in the limits of letter. would swell it to an
essay. will say, however. that in my lud1m NJ al
uon9h II may not he without objections, and no human
work OF mind, or Of human hands mate r can be per
feet yet Seeve il preferable to the present mode of
appointment by the Legislature For years past wh-
IN my own observation. all elections by the Legislature
or nearly all. have been decided upon pariy Ground
The inquiry has not been, WHO is best QUALIFIED But
is he Wing or Democrat2 Nor, whether the poml of
the Commonwealth would be best suhsprved by the cleo
ton OF A. or b., bit the schemes OF party best pronoed
lie good ot the Stale has been lost ght of in the viz
lent struggles for parry ascendanry will not stop ia
inquire winch party is mnSt III lmeabe-I simply an
nouLce the lact ihlt none will cuuruven Will this moi
be so with voters in the county and districts it nav be
asked. hope and believe not-becanse the elect ira
body will be enlarged that faclion will n t be $, like
iy 10 control It, Furhemore every vater will have
direct interest In the question His life his fortune and
his lhety in some degree. is involved in the due and
faithful administration Of the law. Not s. with the
members of the Legislature; but few of them have this
direct interest 10 connterac the machinery OF party d
II is further my opinion that Bringing the people to
gether otener subjects of Interest, to them will ele
vate their character aud cauntsracI PARTY shackles AT
present ihelI Influence Is merely nominal they
dered thereby car less and indifferent, and readily
yield to the sedncl'ns of the demagoqne
IL is believed that there will he found few onpnse
this change in the appointing power the election o, the
judicial officers But many honestly doubt the wisdom
OF change of the tenure Of oice- from a tenure of
good behavior to tenure for fixed term of years
II seems 10 me. with all due such DIRECTORS
that when hey admit that The people are the best sp
pointing power, they may safely BE- trusted to roeect
unless 1t can he shown that the periodical tenure would
corrupt The officer. or have tendency that way, order
TO secure reelection. My answer to that position is
that 50 long as the virtuons, and have but
small share u intelligence the officer iflaelluen can
not fail to see that an honest and upright administration
OF the duties OF his Office viii best scare his reelection
And It they CHE constituent hody) do remain thus
virinous and Intelligent judicial officers cannot pre-
serve our Liberties. II 10 me thai Great error pre-
walls or has prevailed heretofore, Ia the public mind
this naJeci. AT one period oi my fe il swayed me-
hul more Int mate acquaintance with the operation Of
The system has Tor several years. induced to Weld it
- thai To say, that the independence If the Judicial of
nee was necessary to the preservation Of civil liberty
The idea was borrowed from the mother country and
was there designed 10 protect the subject from The king
who, by the power OF removal could control the Judpe
Here the people the elective body, an unit 10
numerous for corruption, and adequate motive tn mis-
lead hem in the appointment If their servants.
would make the salaries adequate to command The
best talents which should be diminished during their
continuance In Office and would uiher protect the office
from assaults BY the Legislature who sh mld not dis
charge Judge by aboshng The court without two
thirds vote OF both branches The present tenure
ly secures independence bui absolute rresp visibility
What is II? Removal by impeachment for corruption
IN office 10 the honor of Safe example of that
sort IN our government has occurred in the superior hi
bunaS, and but very few removals Of the Justices of
the Peace for misbehavior in Office Removal by a
two thirds vote of the Legislature is the remedy
That WAS power inserted by our last c,nvenlion vet
no example of the exercise of The pwe has taken piece
under -Trup, proceedings We're originated under thai
clause against worthy Judge of the Court of Appeals
stricken down by disease IN his old age and the citation
served upon him few days before his death Since
that time 1t will moi be denied hat il ought have been
exercised against many of our Judges the power
or removal by wn-thlrds vote has Sep. Now if The
Legislature will not remove incompetent officers will
the people, more directly Interested fail to elect
peient ones The people may sometimes be deceived
aud elect an incompetent officer, but when they
at the end 9TH term they will be most likely get rid
OF him by electing som, 'dy else. The fTRgong con-
cndes what have to say upon the elecun of the judi
cal officers. And to evnce that my views are not
yesterday, permit me to sly that three winters aco
think (tor write in such haste be able
to refer 10 any book public document from
portions of the State complaints up u the III
working of certain of the Circuit Courts, that anxious to
avert the call of convention until public improve
mens should penetrate the valley and unite her interests
with and BELIEVING that the judiciary the IL
rltang The body polite, prepared series OF
resolutions and placed Them in the hands Of my friend
Gen. Chas p Dorman OF The House of Delegates, (now
dead) tie concurred with me in their propety, and
offered them that House. The scheme called upon the
revserS, MesSs. Patton and RobinSon, II prepare bill
laying off the State into sixteen circuits instead of
ty-one so as 10 equaze the duties amang 6 Judges in
stead of 25, there being two Judges in Richmond The
resolutions were referred TO the evses, who reported
bill according to the resolutions dividing the State into
TO clrcuis and by report accompanying the bill they
showed that the defect MT in the number of Judges
but the in quality Of duties performed, and showed that
each OF The 10, according To the reports Of the clerks
would, by that arrangement have less average duty 10
perform than at that time performed by many of the
Judges 1t part Of the scheme TO get rid of all III
cumbenls by two thirds under the constitution and
then to Te-elect such worthy, and TO increase
their pay by dividing among Them the salaries oflhe six
saved by the operation.
The bill reported referred 10 the Committee uf
Courts of Justice they delayed action from time 10 Time
and sympathy for the delingnents other cause
delayed their action until near The cuse Of the session
when the subec, given The 90 by not by any direct
vote Of disapprobaon Of the scheme. bat the ground
as was informed. that it too late in the session =
From that moment became advocate for elective
Judiciary.