Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-08-05
WIN Die A r O II,
STAUN ON {:
From the Valley Star.
Mr.STuART's Speech at Lexington

Mr.. STUART's Speech at Lexington
Mr.. Editor:
was very much amused at some Of
the strange notions on government which MIR.
Stuart advanced in his late speech in Lexington.
At the very outset of his remarks, he made seve-
raj of us plain clo1-hoppers turn up the whites
of our eyes by the startling assertion, that all
governments exercise pretty much the same a.
mount of power! What, thought |, can it be
possible that gentleman OF Mir. Stuarts very
respectable information can, really entertain the
incredible opinion that the free governments OF
the United States, strictly limited in operations,
and severely restrained by written constitutions
from all entertainments upon the rights of the cit
izen, exercise the same amount OF power with
| the Autocrat of Russia, whose will is law
| throughout his vast empire, and who can de-
prive his subjects of property liberty and life,
| at his despotic pleasure! Why, the very es-
sense of free government is, that it is prohibit
ed by its fundamental law, from doing thou
sand things which despoisms do whenever they
please. One would suppose that Mr.. Stuart had
never read the Constitution Of the United States
and of the State of Virginia, and that he was
ignorant of the restrictions they impose on the
government, as safeguard to the rights and
liberties Of the citizen.
Equally startling was that other discovery OF
Mr. Stuart's in political science, that free gov
/ eminent was one that was organized in three de-
parments legislative, executive, and judicial
Did it not occur to Mr.. Stuart that all alistocra-
CIV founded exclusively upon property, and res
trained by nothing but its fears might be so or
eanized? For example, expunge all the limita-
tons of the Constitution and restrict the right OF
suffrage to rich men worth at least fifty thousand
dollars in hereditary lands, and you have gov
Ia 10 .1,t,,,
judicial departments; but instead Of a free popu-
lar Constitutional government, guarding the
rights and rejecting the will OF the people, you
have an elective despotism, heartess, purse
proud, tyyarnical arstocracy, that the people OF
America would rather die than endure.
Until Mr.. Stuart Illuminated my political
darkness, had always supposed that free
government was Que that was so organized as
to secure the rights OF all, and at the same time
to express and execute the deliberate will OF the
people. "Governments," says Mr.. Jefferson
and Mr.. Stuart processes TO be Je1erSonian Re-
publcan-"are republican in proportion as
they embody the will of the people and execute
| t-NIr. Stuart seems 10 entertain difleren; O.
pnion.
The greater part of Mr.. Stuart's speech con-
sisted of an elaborate argument to prove that
Judges ought to hold their offices E'tor good be-
haviour,' instead of being elected by the peo-
pie for limited terms Having admitted that all
other officers, even magistrates (who are infe-
rior Judges exercising large chancery and COM
mon law powers,) should be elected by the PEG
pie for short periods, Mr. Stuart almost necessari-
| ly involved himself in a labyrinth of iuconsis-
lencies and absurdities from which no ingenu-
| ity can exricate him. II the people are capa-
bic of eectng the President Of the U. S, men,
bers of Congress, of the Legislature, and all 9th
| IT II
tends, they are better qualified than the Legisla-
ture to elect good Judges, and of course to dis
criminate between good and bad Judges-vhy
common sense asks, are they not capable of act
ing upon the reelection OF Judge, after he has
been fully tried in open court, and they have
had the best opportunities of forming correct
opinion of qualifications
To say, as MIR. Stuart has said, that the peo-
ple when they come to elect their Judge, will
ask, 'Is he Son of Temperance? What sort
of house does he live in? Does he treat at
Elections ?''-is to insult the public intelligence
and virtue, and to assume that the people are ut
terly incapable of selt-government. May not
these questions as will be asked when the Judge
is first a candidate before the people as when he
is a candidate for reelection! Ii MIR. STARTS
argument proves anything, it proves that the
people ought not to be intrusted with the elec
ton of Judge at all. A people so ignorant and
degraded as to apply such tests 10 the election
of their Judge, ought not be trusted with the
election of constable. Is such the character
of the people of Rockbridge and Augusta? By
what act of theirs have they authorized Mr..
Stuart to pronounce upon them so atrocious an
insult Let them vindicate their character at
the polls from this foul aspersion.
According to Mr. Stuart's theory, the people
elect an excellent Judge out of the candidates be-
foro tbop,-o 1ahOriouS hf TpcppInnf
learned, able and courteous gentleman. If he
holds his office for life without any efficient res
possibility he will continue good officer, but if
he is subjected 10 rigid responsibility to public
opinion, for the diligent and faithful discharge
of his duties, by being reelected or dismissed,
by these intelligent and upright people, accord
ing to his merits, he will at once degenerate into
one of the most corrupt scoundrels upon earth,
in order to be reelected That responsibility
which secures the fidelity of all other public
officers is to ensure the corruption of the Judges
Why, even supposing that this intelligent and
upright Judge were capable of the enormous
crime of intentional injustice, he would be
restrained by the most obvious regard to his
own personal interests: for it is evident to the
dullest intellect, that the only way in which
Judge could hope Tor reelection in an enliehten-
ed community, would be by the prompt, able
and fearless administration of jnstice and that
even suspicion that he favored the rich at the
expense of the poor, would array against him all
the poorer classes OF the community and ensure
his defeat and disgrace.
Mr.. Stuart in the course of his speech Wanted
with very great magnoqucnce; ii not W ith very
good taste, of his integrity, and Independence
declaring that nothing on earth could induce
him to sacrifice his conscientious convictions of
right Why should he suppose the Judges less
upright and honorable than himself?
And here cannot help noticing very palpa-
BILE contradiction in which MIR. Stuart involved
himself In one breath he declared that the
Judges would decide cases with an exclusive
eye TO their reelection, and in the next breath
he said that the term tenure involved no pracli-
cal responsibility, because the Judge need not be
a candidate for reelection He wonld act all
the time under the same influence OF his respon-
sbity to public opinion, and with strong de-
sire for reelection, and yet he would not be res
pousible at all, because, if he found the people
were against him, he could prevent judicial eX-
hxc do !