Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-08-05


FIVE wears and dismiss the incompetent The
periodical revision, W hich the term tenure in
wolves is the very thing we contend Tor, only
we insist that the revision should be made by
the people instead of the egislature; for we a
gree with Mr. Stuart that the people are far bet
Ter qualified than the Legislature to elect good
Judges.
Thropohout his whole speech, Mr.. Stuart
committed the objectionable error, as loglclan,
in putting extreme cases, such as can rarely II
ever occur, and of inferring from them that the
term tenure was wrong. | can prove any thing
and every thing by the same process OF argu-
ment. Has man a right to kill another? l
contend he has and will prove it by a few ex.
IRENE cases. Two mon in shipwreck, get on
plank which will support only one. Either
may push the other off. An assassin advances
upon YOU with deadly weapon. You may
shoot him in his tracks. A brute attempts a
rape on lovely female. Kill him at once if
necessary, to prevent the horrid outrage. In
state of starvation you meet man III the Wilder
uess with food who will neither give nor sell
you morsel to support life. You may rob and
kill him, if necessary, to preserve your own life.
Such is the argument OF extreme cases which
no man ever resorts 10 except 10 sustain despe-
rate cause.
The enemies of popular government put ex-
IRENE cases of popular excitements y tumuts to
prove the necessity OF an hereditary Senate and
Executive
Bv no form of government which the wisdom
of man can devise, can all possible evils be pre-
vented. Men often err, sometimes from frailty,
often from ignorance. Governments must par
take of their errors and imperfections Tor We
have not found f'argels in the form OF men to
rule over us' The only free government is
that which expresses the will of the people and
;F tIo Il lie \ icl
this form of government is exposed, the peo-
pie invest any set of men with power above
themselves they establish a despotism which
will infct upon them greater evils than it can
possibly prevent.
MI Stuart's Argument, if sound, is fatal to the
whole system of popular government; for if Jude
es will act with an eye single to their re-elec-
ton, SO will members Of Congress and the Legis-
ature and all other public officers. Did it not
occur to Mr.. Stuart that there could be no obiec-
ton to this inflneuceas long as he people require
every officer faithfully to discharge his duties be-
fore they would re-elect him? Destroy this eX-
pectation, and you destroy the responsibility of
the officer.
Mr. Stuart said that those who had cases deci-
ded against them by the Judge would vote
against him. And If he had added that the other
party would probably vote for him-that these per.
sona feelings would thus balance one anoth-
err and leave the election to the dsinterested and
enlightened continent of the community, he
wonld have made tolerable fair statement OF the
case.
Suppose even the worst case, that now and
then a corrupt Judge should do Intentional injus-
tice the error is not final because it can be cor
recred by the appellate court
The term tenure subjects Judges TO the same
responsibility with all other public officers. Ii
ensures an active, competent, and efficient Judi
ciary and the prompt and able administration of
Justice. 1t has been tried aud approved by the
experience of several Of our sister States. The
life Tenure has been tried Sp1oved utterly inef-
6cient. For myself heartily approve the term
tenure, and shall vote for no man, as member
of the convention, who is opposed to it. Posi-
bic evils, in extreme cases WhIch can rarely ii
ever occur, cannot deter me from the adoption
of principle sustained by reason and fortified
by experience, and whose general operation
cannot but be highly salutary.
Towards the conclusion of his speech, Mr..
Stuart said that he did not desire a seat in the
Convention, that if he went there he must make
considerable sacrifices both of money and incli-
nation, and that he did not consider the office a
personal favor. Let the friends of that gentle
men kindly take him at his word, spare him
these great sacrifices and confer the office on
those who will regard il as an honor and favor.
recOlect mat Nlr. Stuart, IN MS ADDRESS 10 the
voters of the district, when he was last cand-
date for Congress- declared explicitly that if the
voters did not agree with him in the sentiments
he avowed, it was their solemn 'duty' 10 vote
against him. Mr.. Stuart was right. When
public principle is involved, independent free
men know no friends. They 60 for principles
and not men. Country first, and men afterwards.
Let the voters of the district pursue this manly
course, and the cause of Reform will be trium-
phaatly sustained.
A RED REPUBLICAN.