Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-06-24

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alty on The part of the Judges for the prompt and
faithful discharge of their official duties. . :. !
If however the majority Of the Convention
should decide in favor of eiecting Judges for a
term of years, my efforts would be directed to the
incorporation Of such provisions into the constitu-
ton as would seen to me best calculated to ensure
firm and impartial administration of the laws.
VII. would require the counties tn be laid off
into districts and the number of Magistrates should
be limited by law to about for every five hun
bred of population Each district should elect its
own Magistrates and Constabes- the Constabes
tor short terms and the Magistrates in classes to
hold office for five seven years.
My first impressions were in favor Of electing
Magistrates daring good behavior. But farther
reflection has induced me TO believe that as a
large portion of the duties of the magistracy are
not Judicial but Legislative and ministerial, it
would be better to elect them for term of years.
Other reasons which have satisfied me that JudC-
es ought to hold their offices during good behavior
do not apply to the case of Magistrates The
duties of Judge employ his whole time. He
can engage in no other business, and in most in
stances he is dependent upon the emou-
ments of his Office for his support. If he loses
his office he loses his means OF subsistence. The
temptation to him will therefore always be strong
to trv and secure a re election. And unless the
new Constitution shall effect change in human
nature, fear that by placing him in such posi-
tion you would be inviting him to approach the
investigation Of every cause with the desire to
ascertain, not what is the law and justice of the
case, but what is most likely to concl'ia he favor
OF the people.
Magistrates will receive little Or no compensation
for their services They will not be dependent on
their offices for their support and therefore will
not have the same Inducements to seek a reelec-
tion by mnsterlng to popular exctements and
prejudces.
VIII would incorporate provision into the
Constitution for It's own amendment. measure
OF this kind would save the trouble and expense
of another Convention. Two successive Legis-
latures might agree on amendments and submit
them to the people for ratification or reieclion.-
But to avoid improper combinations, and to let
every amendment stand on its own intrinsic merits,
not more than one should be voted on at time.
TX | would introduce a clause into the Con
stitution requiring the Legislature to pass laws
dor the payment Of jurors for their services. am
aware that this is q matter within the control OF
the Legislature Row. But all attempts to in
duce that body to act upon the subject have hlther-
TO failed would make it by constitutional man
date their duty to do SO. The bill of rights pro-
yides that private property shall not be taken for
public uses without just compensation regard
a mans time as his property; there is no more
justice in apprupriatng 1t to public uses, without
compensation, Than his horse or his OK OF any
other property.
These are some of the changes which seem to
Tne to be proper But farther reflection and dis
cpssion may induce me to modify my opinions in
many particulars. If such should be The case
should feel bound to pursue the dictates of my
Judgment and conscience. wish it therefore to be
distinctly understood that if ! am voted for as a
member of the Convention am bot to be regarded
as going there with my hands tied by pledges OF
promises Of any kind The only guarantee which
! can offer to any voter is that which my eommu
nifty Of interest with the district and my character
as man may afford. Pledges aud promises arc
easily given in advance, 10 election, anc
easily broken afterwards. The best pledge
which any man can give oi his fidelity is his pas
life, and the fact that the interests Of himself auc
his family are identified with those of his Coz
sttuents. Any other pledge is particularly Out O
place from a candidate to the Convention. He
goes there 10 make a compact with o'her Bem
bers representing other Interests. Meeting or
terms Of perfect equality they must exhibit some
degree OF respect for the opinions Of each other
Their deliberations should be characterized by a
spirit of moderation and mutual fur5ea rance. A
Constitution should be the result Of an agreement
of the parties to it. 1t ought not to be Imposed
10y a dominant majority on the minority like terms
OF captulaton on conquered enemy. The term
sColveution imp puts agreement. III all the mep
befs go there pledged to support the psrllcela,
views of their constituencies, which in many
respects antagonstica, Of course there can be n,
concession ON either side, and consequent y
no compact. 4 Constitution must be the work y
-coneaion--of compromlse-of mutual conces
sons. If in the Convention which formed the
Constitution of the United States Southern mer
had stood up fer the interests Of the South ano
Northern fer those OF the North, without
any abatement, there could have been no compro
mise, aud our glorious unon would never have
been formed.
If pledges had been required of the members
from the North and South, the. Missouri Compro
mise could not have been made and the nullltica-
tion difficulty could not have been adjusted
Ii such pledges had been required by theii
respective States during the present session o
Congress, then Clay aud Cass and Webster and
Dickinson could not have made those glorious
offerings of genius and patriotism on the altar o.
their country, which have added brighter lustre
to their fame, and most probably saved the Union
from Acknowledgement.
And if pledges should be eXactea from the
members from the East and the West to adhere
to the peculiar views of their respective constitu
encies withuut abatement and concession, then all
attempts at agreement must proyeabortlye aud the
Convention itself failure.
i'll 90 to the Convention must not 60 rs one
who has prejudged every question before he enters
ON the discussion of 1t. must SO with full lib
erty to gain all the lights can on every subjec
and then topursue such course as my best judg
ment, regulated by an honest sense of duty lc NY
immediate constituents and to the whole common
wealth, may teach me to be the just and true one
You now understand my position. If witt
this explanation Of my sentiments before you,
am honored with your sufIrages will serve yol
to the best Of my poor ability.
Very respectfully, your obedient servant,
ALEX. III. II. STUART.
Stanton, June II, 1850.
TO TIE VOTERS OF HIGHLAND. AU-
GUSrA AND ROCKBKiDGE,