Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-03-06
THE sTAUNTON SPECTATOR
REFORM.

we proposed IN our ldst W 0uuu00 '~'
iy sustaining the views we entertainupon the 'en-
ure,of the Judges Wsshail dose on the present
occasion. Before proceeding, however 1t may De
well enough to rrecur to the points OF reform we
have advocated:
LIST. The extension Of the Right Of Suffrage.
ID. The election of Governor by the people.
Sd. Periodical election of County Magistrates.
9th. Gndh behaviour tenure Of the Judges, win
ability to perform duty-the people eleciHg anu
filling vacancies.
In addition to the reasons heretofore cnered lo'
the distinction we make in the official tenure OF the
two classes Of judicial officers, we add another'
be found in the taxing power Of The County courts
Whatever changes msy be made III the county
Court System, the pOwerdfieSyhfg taxes for Coun-
tv.ourpjses must beveSted some where, and we'see
no objection to commit to Justices of the Peace,
provided they be chosen by the people periodically.
But we have strong republican objection 10 Inc
impCsi,ion of taxes by any authority not designated
by the people. In other words, we contend for tie
priscple Of SO much revolutionary interest," that taxa
ton and representation Snail go together. 1t is not 50
now q'hs County Courts, with legislative and tax
ing powers ARE not representatives any proper
We not to be understood as complaining OF bur
thens unnecessarily imposed BY the justices-they
bear their part in every tax. 1t is the Prlnclpe~e
look at as contrary to our republican institutions,
and as forming one of The great grounds OF COM
,plsint against the mother country when Virginia
was colony The objection thus presented applies
10 the County, but not to the Superior Courts.
We proceed toshe sethoritieson the tenure ques
'sion and the iirst is that of Judge MARSHALL. in
the Conventional 1899 80. II Thames could or ought
to decide question, separate from argument, here
is man whose exalted intellect had reached the
maturity Of its vgor and the fall expansion OF It's
powers-whose experience was ripe and compre'
hensive-whose integrity and singeness ofPurpose
for the best interest Of his country no one has ques-
toned. and whose wisdom and Judicial reputation
have extended beyond the limiisof his own, into
other lands The occasion Of the remarks was
proposition of Mr.. TAzgwELL-not to elect the
Judges periodically, for to this he was utterly op-
posed--but one which seemed to Judge MARSHALL
10 infct an Incidental wound upon the iudepen-
dence of tho Judiciary. Mr.. M. said.:-
''The argumentOf the gentleman goes to prove not
only that there such thing Judicial independence
out that there ought not to be aay sach things that is
unwise and improVident to mako the tenure OF the
Judges office to continue during good behaviour. THAI
is the effect his argument His argument goes oPr0ve
mt only that there is no such thing, but that sunwse
that there should be. have grown old in the opinion
What there is nothing Virginia, ought to
ko. et,tce nd nj hes
country are secured by Advert sir to the duties
,g Judke He has TO Pass between the Government
aud the ma whom that Government is prosecutihg be-
tween the most powerful Individual in the community,
and the poorest and unpopus II of the last inn
or,ance that in the exercise Of these duties he should
nbs,rve che utmost fairness Need press the necessity
sfthis, Does not every feel that his own person
al security and the security of his property depends on
chat fairness: The Judicial Department comes home in
IDS eecs 70 every mans fresds it passes on his prop
erty his reputation his le his ALL Is not TO the last
degree important that he should be rendered perfectly
and completely independent with nothing to influence
or control him but God and his conscience You do not
allow a nsSn to perform the duties Of juryman or a
Judge if he has dollar Of interest in the matter and
will yoa allow Judge to give adecison when his office
may depend upon it? when his decision may offend a
powerful and influential man Your salaries do not al
low any Of your Judges TO lay up for his old age the
longer he remains in Office the dependent he be-
comes upon his office He wishes to retain it if he did
not wish to retain it, he would not have accepted it
And will you make believe that if the manner ofhs
decision may effect the tenure Of that office, the man
himself will not be effected BY that consideration
al feel strongly, that this Convention can do nothing
that would entail more serious evilupon Virginia, than
TO destroy the tenure by which her Judges hold their