Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-07-31

is subject of universal complaint Under present sys
tenn the evils complained Of unavoidable. The only
corrective will be found in the organization of Probate
Court. BY throwing all Of the business pertaining Ex
ecutors Administrators and Guardians into single court
charged with no other duty than that Of seeing that Exec
utors Administrators and Guardians perform their duties
faithfully and promptly, and in conformity with the law
ensure the speedy settlement Of Executoria and Ad
mnistrave accounts and Guardians will be KEEP! up to the
strict line of their duty.
The Judge Of Probate will at all times operate check
upon the conduct Of Executors Administrators and Guar
dans; he bring them to settlement, as often as he
may deem expedent for the interest Of The estate and
der the supervision Of vgan upright Judge, there will
be opportunity for plunderng the estates of dead
and orphans, which have good to believe is
TOO often done. @
v Justices of the Peace should be elected by the people
for term of years. (not exceeding years. and in all
of action founded upon contract for the payment of
ney, their Jurisdiction should be extended to one hundred
dollars. They should also have jurisdiction in all of
assault and battery, and ARRAYS
They should receive reasonable fees for their services
W. As to the election Of officers, am in favor Of elect
ing all officers by the people for limited periods Of time.
VII. lam in favor Of the legislature meeting but
in two years in regular session. subject be called in spe-
ca session by the Governor upon the happening ofany
which may in his opinion require the action Of the Legsla
ure. But at suc called special session the business of
the Legislature should be limited the very matter sub
mtted TO them by the Executive and nothing else am
also in favor of limiting the sessions of the Legislature to
specific number OF days.
VIII. Ofthe Judciary-I am in favor of eecting the
Judges of the Court Of Aappeas and Of the circuit by
the people for term of years. They should be reelgi
BILE often the people may choose to e-elect them.
For the election of Judges of the Court Of Appeals the
the should be divided into districts nearly pos
sbe equal in population, each district elect one Judge
The Judges the circuit should be elected by the
people of their respective circuits. The Judges Of both
courts should hold their offices for term not less than five
nor than years. There should be provision in
the constitution, declaring the judges Of both courts incl
gbe to any other office, not judicial, within the gift of
people, or of the Legislature during the time for which
they may have been elected and for two years thereafter
This restriction would take away every nducement for
playing The deagogue, upon the BENCH with the view of
gaining political preferment. Such restriction would
have the effect, to eecuay separate, the judicial from
the political officers Of the State.
1t said by some if you elect the judges for term Of
years. you thereby destroy the independence the Judca
ry. cannot admit any such conclusion With all due
respect would suggest to those who urge this objection
against the term tenure that perhaps they have failed note
the distinction between independent and an rresponsi
BILE of Judicial uco. understand the term "nde
pendence Of the judiciary" to nothing than his
that the Judge is in the possession of his Office for
the full time for which he may have been elected ap
pointed ard that his salary shall be fixed and permanent
and neither be taken away diminished during his
tnuance Office Under the present good behavior or life
tenure system he rremovabe unless for cause But that
is only element ofhs independence and it is the least
important one his Of living his salary cannot be ia
ken away from him neither it be diminished during his
term this is the chief cornerstone of his Independence
He in the possession Of his office and its emolu
mens, only long lie demeans him.e Under the
term tenure the Judge would be in precisely the stu
aon he will hold his Office to the full limit for which he
elected and his salary will be fixed and unchangabe du
ring his ,em But here lies the pontof difference between
life tenure and term tenure Judge. Judge under the
life may be incompetent, negligent In the
discharge Of his duties. So long he "demeans himself
we So long he reains from any act Of oppression
corruption in the Of his official duty, he is
in the judicial seat He cannot be removed for
in judgment matter how frequently occurring, and how
soever nurousy those judgments may effect the fortunes
liberties lives of the community whom he sets in
Judgment Noone but Inqustor would inct pains and
penalties upon officer for in judgment. No
be justly punished by any human tribunal for de
feet of understanding for the i'll exercise of his reasoning
powers Thus incompetent Judge under presn sys
| fnrb half fry
bunders and there is no remedy Such Judge only
independent, but he is more-he is irresponsible. The
Judge elected for Term of years just independent
the life tenure Judge. By holding his office for term Of
years. you do not render him less Independent, you only
render him responsible stated periods and if he prove IN
competent to the discharge Of his official duties, you can
remove him at the end of his term, he prove competent
he can be reelected. Some think nothing short
the life the independence ofthe judiciary
ard the shades of great invoked in vindicaon
the life tenure principle. Without intending to detract ir
the slightest Degree from the just fame Of our glorious an
cesy may be permitted TO exercise little Of that free
dom of thought and independence Of action for which they
in their day and generation, preemnenty distin
gushed Our revolutionary fathers set themselves up agans
the abuses existing in their day. they reformed aye and tort
by the roots existing institutions which they felt TO b
expressions. Errors in the theory of government houg
hoary with the fosts of centuries" they took boldly by h
beard and in spite Of all the croakngs of conservatism
the bitter denunciaons of nsoent officials, and their
vile DEFENDANTS and tools, unawed by the bstng bayone
of hireng sodey, they tore those idols from their lofty
pedestals and tramped them in the DUST They the
dcmagoges" of that day-they judged for themselves o
what reforms were then necessary, suited to the times
which they lived and acted. The advocates of reform
this day, do no more than this.
The great essential principles Of Republican liberty which
fathers established and bequeahsd U.S. still revere
In the glorious temple of freedom which they built anf
consecrated with their blood still worship we should
not destroy single pillar, single stone iron