Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-22
Elective Judiciary.

The follow letter is from the Hon. THOMAS
II. BAYLY, the distinguished Chairman of the
Committee otWays and Means, in the Congress
OF the United States, and late the Judge in the
Accomac District. The attentive observer
cannot fail to perceive that the weight of talent
in the State is in favor OF eecting Judges by the
penple and for limited period. This letter was
addressed to JOHN LETcuER, Esq, and we COM
mend it to the attention Of the anti-rcformers
and ask whether such men as BAYLY, ROBERT
y. ScorT, Of Fauquier, HUNTER, of Berkeley
STEWART, of Morgan, LYONS, of Richmond, G.
B. SAMuELs, OF Shenandoah, MosBY, of Camp
bell, Thompson, of Amherst, (brother to Judge
THOMPSON, and host of others, are DINA
Cog"es
WAsHINGToN, July 4th, 1850.
MY DEAR SIR:
duly received your letter requesting my opinion
OF the expedency of elecng the Judges by the
people for limited period and I owe you an a
pology for not answering it sooner should have
answered it at once, but as you Informed Inc that
Importance was attached to my opinions on the
subject by many persons in your part of the State,
desired to accompany the expression of these J
pinions with full statement of the reasons for
them. But up to this period | have not found
time to do So; and have dspared of command
ing it during the present session of Congress. So
you must take the opinions alone for what they
are worth.
For long time l have been decidedly in favor
of electing all Of the Judges by the people
directly and for limited period. This would
secure real responsibility, (Which in the Judi
cary, as in every other department in Repub-
lie, | should be the last to dispense wth,) with
out mpalring a proper independence which
would be the first to press to as full an extent
as possible, compatible with such responsibility.
And my experience teaches me that they are no.
Incompatible.
There is no class of public servants for the Sc
lection of whom the people are better qualified
than the Judges-There is the selection
of whom they would make more in'egently or
impar,ially. The selection must be from the bar.
And there is no class of men of whose quafca-
tions the people are better Judges than lawyers;
as there is none whose success depends 50 little
upon mere personal popularity. Any man in
circuit can tell you who is the best lawyer in it
unless there be more than one Of equal merit be-
tween whom Judge could scarcely dis
upon their services. Except in a very plain
few men seek cut the lawyers they like best per
sonally, but most the one they may think will
most surely gain their cause.
The employment of lawyers is in the face Of
the public; and they are exceedingly keen sighted
as to his merits. The barber in his shop can
give you nearly as reliable an opinion of the quail
ticatons of the members of the bar, as the Judge
TO the value which is put upon the bench. And
he will discriminate between them, He will tell
you such lawyer is the best speaker (adyocate)
and another one the best Judge Of law (counsel)
No man in any circuit can tell when his dear
est rights may be brought befure the court; and
in eecting Judge the same considerations will
control him that do in selecting his counsel He
will vote for the lawyer best fitted by his temper.
industry, and talents, for the station. OF course
there would be exceptions to this; but they would
be too incousiderable to effect the truth of the
general statement
| have no objection to the Judges being re- elgi-
BILE. The most popular Judges are those who
are most patient, industrious, and impartial And
but little knowledge of mankind will teach the
most time serving that patience, industry ard i'm
FATALITY will be the surest security for re-elec-
ton.
These opinions are fortified by the experience
of others. | have conversed freely with the law
yers have met with in Congress from those
States in which the Judges are elected by the
people directly and for limited term and they
all agree particularly those from the slave States,
that the system works well and that j, has more
than met with the sangulne expectations of its
friends.
You will find published short time since in
the Democratic Review, an article upon this sub
jec in which are pretty fully expressed the views
/ entertain as to the inappcabity to us Of the
English idea of Independent judiciary.
Excuse, my dear sir, the hasty and imperfect
manner in which have complied with your re-
quest have avaied myself Of the frs, hour
could call my own to do it.
Most truly,
Your friend.
THO'S. II. DAYLY.