Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-08-14
JUDICIAL TENURE.

We extract the following from the Charlottesville Advo-
CATE because Of the facts from other States thrown into
venent torn Illustrating the various views held the u-
dlcl tenure 1t may for reference hereafter-Rch
Wing.
"'rHE New CoSsTirUTIoN-You are invited, fellow
citizens 10 make the most solemn changes in your govern
ment YOU about pass from system under which
you have been, al least happy (whaleve may be its i'm
Perecllons into an unrIed and undiscovered country" 1t
well becomes YOU such moment tread with careful
and with cautious STEPS The widest schemes have been
submitted your favor. have been served in every
dish thai could tempt the peoples palate In of them
nrk is To be feared the deades Prisons There is
that will be fatal The election q The Judges by tie people
for term gears, is referred to.
THIS is SIouty advocated. Intelligent men are going for
it, The example Of other States believe, has been
lied On The esprit of she age'' has been referred to- is
insisted that Virginia shall hang back in the work of
reform What these facts Is Virginia far behind
Has she alone remained standing by her old and tried col
ors No Virginia, in rejecting the election Of her Judges,
for term Of gears by the people, would be surrounded by
illuStriUus examples.
There areony four solitary States ont ofhe whole thirty,
who elect for the term tenure by the people, But
four the whole Union, 10 wit: NJ Y, (whose SheriHs
shot down they ask man for rent, the Governor
pardun1ng the soveregns" that did ) Mississippi (where
pay your debts public virtue, and where both
Law and Judges considered kind of nuisance y Wis
consn, (where parcel Of sctemng Yankees and haltwd
Foreigners constitute the people aud Illinois which only
adopted the system s'me three years ago.
These the only States which elect all fheir Judges
by the people, for any period.
Ill. Of The States, except these four, elect the Judges Of
their Supreme Court by The Legislature Tor some other rep
resentalIve body, as the Governor and Senate, &c)
All Of The States, except sir addng Arkansas and Iowa
TO the above both Of whom had better follow Than sci
plies 10 Virginia, elect in addition tu their Superior Courts,
their Circuit Court ALSO by some body of Representatives.
This leaves out Indiana. where The Circuit Courts are
leced partly by the Legislature and partly by the people
the presiding Judge being appDintei by the flrmer.
has tceny SIR States appuin. their Supreme Judiciary
by some Representative body.
Isoeiy three States elect their Circuit Judges in the
manner, {uIniiiing lndiana.)
OF The OLD twelve Atlantic States which achieved our in
dependence, N,O York alone elects her Judiciary for term
OF years, by the people In the other twelve the people
ec no Judges al ALL
The peculiarly Of the system which is called the Rad
ica system" in Virginia. consists in its uniting he primal
pies q he term tenure Nth popular elections II is the L.
MON oi these two principles, which makes the system
thoroughly objectionable. Admit if you choose That the
Judges should be elected by the people, this Of ITSELF may
work well. Admit that they should be elected for term
of years this by istse may work we'll But PIT Mea, To-
geter, and they must ruin your There are many
things which are valuable and good by themselves which
loose all their virtue when they together. Iron is one
of the most valuable of metals marble is of the most
useful and beautiful Of stones they may be used together
believe, III produce of the most vfuen Of posons
considerable majority of The States elect their own
Judges for term gears. The chief objection that is urg
ed against the proposition to elect Judges in Viz
gina for term Of years, by the people is, that they will
back 10 the very stos whose they have been
trying. This is much for human nature Nearly all Of
The States referred to have avoided his dcutu by giving
the election to representative body This body has
supposed wrongs avengeno cnrupi judgments to re-
ward The Judge will he thinking Of them when he is
deciding between poor anda rich his circuit He can
be impartial without fear favor The persons he is try
ing will mol be his tries. Thus these States which elect
Judges for of years, by withholding the election from
the people of the circuit have not endangered The Judicial
integrity There are but oT States have said which
have The madness unite these homogeneous features
Let the people choose which they will have let them be-
ware Of amperng with both.
Let il be understood: make argument against pop
Mar election or against the term ienure-tating ono
by ITSELF 1t is this union we think fatal
Other states have been content with making selection
let us do likewise They have given up the election by The
people let us give up the term Of gears.
We wish add in conclusion, nr want DISCUSSES
that proper 10 say that Mary and Kentucky just
changing their Constitutions. Kentucky learn has
probably made great changes know what they are
Maryland, believe has only called Convention What
1t will do we cannot say.
We add also that nothing stated above applies to the
County Courts Of any Of the STATES.
ANTI BREAKlNG-OUR-NE CKS.