Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-01

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County Court system as it is, and other long
cherished features of our Constitution
In respect to the Judiciary, the points conce-
ded, are, first, that the people should elect; Sc
cond, that the good behaviour tenure with the
present Constitutional provisions, to secure
sponsibilty, will not answer and Mud, that
some method must be adopted TO render the Jul
dietary efficient and prompt. The present con-
stltulonal provisions to secure responsible
tty, are, first, Impeachment for corruP-
ton, neglect of duty, Or any other high
CRIME or misdemeanor; and second, that a Judge
may be removed for any cause by a vote OF two
thirds of the General Assembly. These proyis-
ions ii is conceded will do, as they have done,
no good under their influence large number
OF Judges are found on our Circuit and Supreme
Court benches who ought not to be there-dockets
croWded-jusice "deferred and delayed '-e-
normous losses occasoned tEereby-heavy bur-
dens OF costs and onerons taxes upon the time
and means of suors and Witnesses (many OF
whom are poor mem in attending The Courts OF
Justice. These are some of the evils which
have splung up under the old system. which are
increasing, and which, all acknowledge, de-
mand effective remedies. What are the renle-
dies proposed by Our opponents What substi-
utes for these constitutional provisions which
have proved inefficient and are admitted to be
useless We look in vain for a satisfactory an
swer. They cling to the good behaviour tenure
and say that laws may be devised to enforce re-
sponsblity that, wiser than Our 1orefathers,
whose wisdom they so highly eulogize, they can
devise the ways aud means to render the Judi
ciary efficient i'll the discharge of its duties.
But hen pressed to say uhat laws-qrhM ways
aud means better than those already attached to
the good behaviour tenure, there is a marked 81
lence. Once we heard of testing the question Of
the Judges capacity, efficiency and fidelity in
the discharge OF his duties by running III the
circuit, candidates for the Legislature, for and
against the Judge-that plan met with no ia
YOUR: afterwards we heard Of Grand Jury pre-
sentments-that scheme, however, has vanish
ed into thin air. Two long and able addresses
OH the subject Off reform have appeared; and yet
IN respect to this vital point palpab.e obscuri-
~ covers each.
leave, then, the life or cool behaviour ten
ure with all its evils confessed and 10 remedies
provided; and turn to the remedy we suggest
We propose that the people shall delegate the
Judicial power for a limited term only, TO be a.
greed upon by themsalves--that during that
term the Judge shall be independent but shall
hold his Office subject to any and every restraint
or mandate Of law which can be applied to the
life tenure Judge-so that If he should become
paralyzed or guilty OF any high crime or mistie
iiltdHOf o MAY D6 9GtIOfeu IOIu OlllCe dilNt
Their put in his place. Al the end of his term the
Judge may be reelected if he has performed his
duties well or be rejected il he has neglected
them. This remedy is based upon the idea that
the people will attend TO their own business
better than their agents: and upon the sound
and republican principle that il is not only the
right but the duty OF the people to dispense with
agents when they can act for themselves 1t is
the dictate Of common sense and Of everyday
experience that it man wishes his affairs to
prosper he must attend TO them hmself--if he
trusts them wholly to agents he will become
bankrupt in fortune. Our people have been a.
gent-riddea since the foundation of the govern
ment, and the struggle of reform has been to
wrest power from the agents and confer its ex-
ercse upon the people; and at every point they
have been met substantially with the motto Of
the Holy Alliance: "Beware the people
must be saved from themselves they are their
own worst enemies"
If the term tenure be adopted asset Of motives
will be brought to bear upon the Judiciary
which will exalt lis character aud promote
promptness, courtesy, studiousness, learning and
Increased mental ability in the Judge. Motives
are the great moral forces which govern man
kind and i'll looking to the probable success OF
any scheme we shonld consider all the motives
which WILL upon the ordinary principles of hui
man conduct, operate on those who are to carry
it into effect II is obvious that a one-sided
view Or consideration OF one set of motives
only Will mislead ,lle judgment Motives to
purity are urged by our opponents in favour OF
their scheme, whilst motives to corruption are
pressed against ours The motives common to
both schemes and the peculiar motives to study,
to promptness, to energy, to win the approval
and to avoid the censure of just, all Intelligent
and q yirtuous community which would operate
on the term tenure Judge, are forgotten or kept
out of view. Accountability to God-the sol
emn obligations of the oath OF office, sef-re-
spect, love of fame, a wish for the good opin-
ion of good men, and devotion to the duties of
the exalted station-these Incentives to duty y to
excellence, will surely operate on the one Judge as
well as the other. Apart from these common mo-
tves, however, reason suggests, on the one hand,
additional motives TO effort i'll the term tenure
Judge, and on the other, constant tendency TO
inaotion and Indifference to the discharge Of duty
III the life tenure Judge. The latter would feel
secure il he We're even tolerably attentive, stu
dious and prompt, and had no ue'y bad habits; J.
and why p? because he would be amenable to
the agents OF the people and not to the people
themselves the former could not feel safe unless
he won Judges high reputation for purity Of
purpose, correctness of department, lmpartality,
learning, ability and the prompt despatch CT bNSi-
ness! Security would tend to benumb the ener-
SlCS ACTIVITY VI LIE Niiiiot every
ty of the other would be kept alive and vigorous
by the necessity OF labor. In this respect the
Judge should be as other men are-dependent
upon his own Office and lis renumeration--de-
pendent upon the approval of those efforts by an
intelligent and virtuous community and upon a
renewal al stated Intervals OF its confidence in
his capacity and integrity. None are independ-
eut. There are now no prophets fed by the ra-
uens Of Hencea! We all depend upon our own
efforts and Gods blessing for our success. If
those efforts are in the pathway of duty the re-
ward will follow---if, however, they are ex-
pended in violating the laws of God or man
: they will bring curse The farmer depends
upon his own labor and upon the sunshine and
the rain of Heaven for his crops. TO secure an
abundant harvest he SONS good seed in good
ground, he cares for ii and cultivates it. he does
not plant cookie for wheat, OF choose harren