Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-01-28

important in England that the judiciary shou1d
be appointed for life in order to render them
independent ofthe crown; does it follow. there.
tore, that our Judiciary should be appointed for
lie, when we have neither king nor aristocracv
TO dread We can clearly derive no benefit
from the independence or ilresponsiblity of the
judiciary; such as is derived in England; but
we are certain to taste here, as the people have
tasted there, its bitter fruits What those fruits
are | have only TO refer to the history of the
past; and to the public sentiment which now ex.
lists Ill relation to the judiciary 1t is idle to at
tempt to conceal the TACT that the public conf
dence has been unsettled in the administration of
our laws From one extremity Of the Union to
she o,her, THIS branch OF the government has for
ielted the public respect, and instead of beinr
looked up 10 with love and veneration. its move.
ments are watched with jealousy and distr,st,
A widespread feeling OF insecurity and alarm,
agitates the public mind, and occasionally nar-
alyses the operations of trade and commerce
Capital, which like the sensitive plant sbrinks
from the contact ofdanger, seeks rather the So
curly and privacy of the strong box, than invest.
ments which may result in its total destruction.
or me want OF faithful and energetic admins
tratlon OF the laws. In many parts of the conn
try, crime stalks UNPUBLISHED, and wrath burls
deiiahce at the civil power of the State The
feeling is daily growing deeper and stronger.
hat reforms are needed in the Judiciary, and
that unless they be speedily carried into effect.
greater evils and heavier calamities will weioh
down the spirit of the people.
But the independence of the judiciary. which
is stoutly maintained in England and in this
country, does not result from the particular mode
which Is pursued in The appointment ofthe udse
Is the lifetenure of the judiciary which renders
them irresponsible, and not the fact that thew
receive Their commission from the Executive
pranct OF the government. A Judge who holds
his Office Tor HE is Irresponsible no matter how
he has been appointed or elected He is entire
ly independent of allaw, of all public sentiment.
and OF all responsibility, whether he has been
appointed by the crown, Or elected by the par.
lament or the people If the life-tenure be a.
bolishea and ii he be appointed for stated
term of years, his independence is DESTROYED (.
his responsibility established Ifappoinied for
short term, he is subject to constant response
billty, it tor long term, that responsibility is
proportionally diminished. But in neither case
do you add to; or diminish his responsibility. bv
adopting any peculiar mode of appointments
A Judge elected for life by the people is Just as
independent as Judge appointed for life by the
crown. And d Judge elected for term of wears
by the people is just as responsible (and no more)
as Judge appointed for term Of years by the
crown.
The propriety, Them of limiting the tenure of
judicial offices, so as to render the judiciary
responsible TO some authority, is question not
at all connected with the mode to be pursued in
this appointment 1t is true. that if the depart
ment is to be rendered subordinate to some an
thority in the State, grave and weighty reasons
can be urged why it should not be placed at the
mercy OF the Legislature or the Executive vet
| the first question to be determined is. shall we,
or shall we not, have responsible judiciary a.
1t Will then be matter for future decision to
say, whether they shall be appointed by the Cow
ernor, or elected by the Legislature, or the peo-
pie.
We have heretofore shown that our notions
about the Independence of the Judiciary have
been borrowed from England. We have shown
that the independence Of the judiciary, as there
understood, can have no application TO this
country. we have further endeavored to de-
plct some Of the evils which must necessarily
flow from that responsibility In addition 10
these things, many cogent and unanswe1able
arguments could be urged in favor OF a judiciary.
constituted upon different principles, if it were
deemed at all necessary to continue farther tho
discussion upon that point. Recent events have.
shown, that upon this subject the public sen,i-
ment OF the country has undergone great and
radical change. In six States of this Union.
Constitutions have been adopted, which recor-
nlze to the fullest extent, the necessity of hold.
ing all the departments of government to pro-
per responsibility. In New York. Louisiana.
Missouri Texas, Illinois and Wisconsin, the
people; through their representatives, DISPLAYED a
wonderful unanimity as regards the propriety of
limiting the tenure of judicial Offices In New
York, Louisiana; and Texas, the highest iudici.
al functionaries are to be appointed for the term
OF eight years; in Illinois, for nine years Wis.
consln; five years: and in Missouri, for the term
OF twelve years: and there can be but little
JOnHf v,rip iN1, will l.
and acted upon by every State in this Union.-
lrresponsibiity in any of the departments of
government is despotic and not republican
principle. In the future discussion of this SUBJ
lect, then, we shall take it for granted that this
system OF appointment for life is to be abolish.
ed. Our judges hereafter are to be appointed for
term ofy years. Their irresponsibiity is to cease.
They are to be accountable TO some one and
the question is to whom shall be confieied the
dellcateduty OF holding them to accountability
We have no hesitation in saving that we 90
Tor reposng that sacred trust in the hands of the
people
The first point which naturally suggests itself
IN the investigation of this subject is that invo]y-
ing the question of right. Have the people the
political right of eleeting their Judges? If SO.
then the advocates of popular election are con-
tending for nothing that is wrong. They are
merely advocating the exercise of RICH: which
IS conceded. But it may be said, that although
the existence of the right cannot be disputed.
IN the teeth of the acknowledged axiom of our
government, that "all power is inherent in the
people, yet the eSpediency of exercising that
right may be well questioned and utterly denied
The talacy of such position is easily exposed
No man can be deprived of political right un-
der the pretext that it is inexpedient for him to
exercise it, The right once granted or proved,
the tree exercise of it follows, else the term
right, conveys no idea which is definite and
tangible to the human understandings OF what
avail will it be 10 possess right, if it is to be-
possessed in theory alone! The Constitution
declares "that all power is inherent in the PEG.
ple;' yet, il none ofthe powers of the govern
ment are to be exercised by the people, what a
grave and solemn mockery is the empty asser-
ton of popular rights. twill doubtless be con-