Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-08-09
FDr NE r.
CIRCUIT OR DISTRICT JUDGES.

a former &C cason, not unlike the rresent-'tEat IL i, D! Il
liberal and courteous discussion Of public measures, mat we
can expect 10 arrive at just and liberal conclusions; and, II
public men are fit subjects Tor newspaper rcilarAE: no"
much the more necessary and important me discussion VI
fundamcnial oil principles of government" Several gentlemen,
alike in talents and legal learning, have, III the Rlchhlohd
Enquirer, expressed their repugnantc TO giving the people
the right of electins 'ht Circuit or District judges iesI ~
might, in point Of fact, be '.he result, OF an arranged plan CT
n few active friends Of the asplfanls oil u party convention,
and not the act of the people'-and the writer, therefore,
inclines 10 think, that the mode Of e'ecting had better re-
main as heretofore, ty tie Legislature. Another writer,
equally distinguished, reminded US OF the corruption Of thc
Judges OF England during the reiGns oil 'ne : c nnn h q
their amendments a! the pleasure of the King; and trori
Which he concludes, that a like evil might result from 4 POI
,lemen, so lnstIy respected and admired for their high Elei,
tai qualifications, should, as they certainly 90, cohihiaaa
the confidence of every true friend OF the commonwealth;
but, at the same time, when all, mere or less, are alike mie-
rested aud concerned, the voice vi the most humble
should be heard and regarded, for what 1t may rtaiy merit
or deserve. Ii arrangements (as apnFgnended) may Dc
made by a fer in the election oil Ci:cuit Judges, when eiec-
ted BY the peopls, might not the same, or similar means, be
rcsoricd 10 when elected by the members OF the Legislature
with much less danger of exposure or detection! Are men
made better, purer or more patriotic simply because the pee
pie have trusted men? If delegates discharge TIER pubic
duties in Il wise and patriotic manner, il tends 10 prove that
their constituency wnre equally wise and patriotic in clcctina
would only be rendering noIIor 70 e----s---:@I.
would not like feelings and PRINCIPLES ever influence the pco-
pie in the election of Judges, in whose hands they voluntarily
place their lives, their liberty, and their properly? The rco-
pie Of the different judicial districts now elect less than q
dozen delegates each 10 the Legislature; and while ii is ad-
mitted that there is safety in those delegates in common
with the other members of the Legislature. clecting the Dis
trict Judges, il is gIavcly commended, from high piacsS, that
the power To do So. when transferred o- reseryed 10 the people,
directly, might, ard most likely would, be abused. If wc cs-
innate the future by the past, such Il deduction is by no
means well warranted-unlcss we can bring ourselves 10
believe that The delegates of a judicial district have more in
telligcncc, more PATRIOTISM. and possess more virtue Than tie
whole body Of legal voters Of such district. If it really
were so, then the objection to the transfer OF the power
10 The people directly, is Conclusive and umanSteerabe-hu
otherwise, osiernise: Again, could moi those very dreaded
fer, operate more chec,ualiy, and with greater secrcsy, with
Il rcry FAC delegates, than they could with the rhNc people
Of the District! All indircction Is p-actised in secret. while
fairand honest dealing, shmas not the light of Heaven. Con
spiracies oi every Kind are, comparatively speaking, easily
effected with the fer, while the converse Of the proposition
holds cool, IS regards The mary. But To remove all cansc Of
objection N this score, let none of the Circuit .IudgeS hold
Courts III The Districts in which they may DC etccted by tlr
people, hlt. iet ,Ioin lie constrained 10 hold their Courts in
the aajoining Districts, and, after serving The public ior a
To sit upon the woodstock" This would At once put TO res.
all doubts. Ieats or dlhicu!tics-would forever officially sep.
arate The Judges and the people Of the District who elected
them, and Yet leave the Judges in the ful enjoyment Of
their society, as ~neighbers and friends. ! nave ever been
in favor OF liberal salaries, 10 all capable public servants
and particularly Judges; for a greater public evil can never
fall upon 4 people. than that Of 4 corrupt or inc0zn pecat
Judge; and ii is well known 10 all, that gentlemen OF emf
ncnt abilities in their profession, will never acccp,a Judge
ship, short Of Il full and adequate salary and terms Of SER
vice, commensurate with their strength and age.
Under these circumstances, no sinister motives could ever
be ascribci to the Judges-none could possibly influence
them in the slightest degree, or lessen their entire irdspcn-
deare, in every point Of view, as Judges. II would also tend
to shu, out ;kat ignob!e passion, called avaricc, which is too
apt 10 convert al The generous and ,nafiy qualities OF tie
mind into the mcaner passions OF the soul-sliould the sall-
ry prove inadequate Tor q proper support.
BY this easy arrangement, the judges would have nothing
further 10 hope .or Other than the appreciation Of approving
conscicnrcS, which never fail to produce a peace IF mind
winch 'tlio world can neither give no. take away" When
m, irdncs Of Ennllnd held 'ieir appointments AT The pleas
ure of the kin. that pleasure might erd the moment the"
ceased to arAliy his corrupt requirements; ano il is wei. 1n-
thcnticalci, that the rcigns o. Charles aud James ii. sccocd.
were any ,a.ng bet good and wise, v.i;uoi:S or just: bit il Is
not pcrcciv:L how our iud.rs, elected BY tao fe: sui'glges Of
.hc people at large, for a fscd aud definite number Of years.
car il any wise ac affected ~ their r%rejudiots, evil passions,
or corrupt principles, il ANY they have. k!ngs arc always
more %. less tyranncal and corrupt, while On the other land,
the people, il lett 10 their sober thoughts, arc precisely tic re-
verse. Rousseau, n distinguished writer of bygpuc days,
inter ala, says, that "i'lc Voice oi the people IS the voice o:
God'--ncai!ng thereby, ! presume, that when they are not
iniamed by personal hatred OF other evil passions, that il is
both just and mercifui-two of the great Attributes Of IN all
wise Deity. High and well deserved prais. is bestowed
upon the neral frnness ana i!nparti1.ity of our judges land
in which i heartily concuI) when appointed during good be-
havior,'' bu, l am nj a loss 10 imagine why they should not Dc
equally SO when appointed for a limited period. DO mere cir
clmstances alter eases with the Judges (! Deccacy, much
less charity. which 'hopeih all things fogbids the idea ,
And have we not many melancholy instances, in OUR coun-
try, of Judges becoming, more or less, incompetent, properly
and promptly, to discharge the important duties OF their high
and responsible stations from old age alone! And in the
language of a great statesman, now no more, few die. and
none resign. To hold their offices during good behavior"
is not u sound republican principle; but it was Il necessary
and Indispensable principle in England, in the Revolution OF
1868, in order to protect the people from the steady encroach-
mcnts OF the King III all times, prior thereto, in point of time,
sanctioned and sealed by his miserable and corrupt tools, the
Judges.
In this blessed land OF law, liberty and equal political
rights, we have neither Kings or Judges 10 make us afraid;
and may We ever be thus free and secure in all orr Just
desire of your fellow citizen,
CHRISTOPHER NEALE.