Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-08-05

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Eastern brethren for the making improvements
in which they can have no manner of personal
interest The supposition is preposterous. Dis
guse this question then as they may it is not
a mere question Of protection Of property but
question of power. Whether the West with
nearly 100000 ma ;ority shall be subject to Inc
absolute control of the East whether they shall
enjoy their due proportion OF political power In
the government In my opinion the West cam
not surrender one ot Or one title of their right TO
equal representation on the white basis without
dishonor; having the natural right and that
guaranteed by the Constitution they are not to
be expected to yield it to guard against imagi-
nary dangers.
AS my sentiments on the basis question indi.
cate am for system of advalorem taxation,
making every species OF. property, domestic and
and other articles of inconsderable value except
ed, bear its due proportion OF the pubic burdens,
and no more than its due proportion. This
principle is necessary to protect particular lnte-
rest, which may happen TO be weak, against op-
preston by the exercise OF the taxing power
Property is the source from which nearly all the
revenues Of the commonwealth should be drawn,
but small proportion should ever be raised by
tax on persons, and to guard against abuse,
such as actually exist under our present laws,
this small amount should bear d fixed proportion
to the tax on property.
JUDICIAL TENURE.
Entertaining the belief that our present Judi
cial system is generally defective, am in ia
vor OF some radical changes in regard 10 it that
a large proportion Of it's defects come within
the scope of the remedial powers of the existing
Legislature, have not doubt, and that 30 far
the existing Constitution is not chargeable with
them.
Bnt there are others Of great magnitude which
arise from defects in the organic law and conse-
qnenty beyond the reach of the remedial pow
ers of the Legislature. These defects in my o.
pinion arise from the mode o! appointment of Ju-
dicial officers and from the tenure Of their Off
ces.
I am for electing all Judicial officer. from the
highest to the lowest by the people for period. Of
from S to 10 years. The Justices by the coun.
ties; the circuit Judges BY The districts in which
their respective duties are to be performed, and
the Judges of the Court Of Appeals by the state
at large, not making even that tenure subject 10
that Of good behavior.
AS this is the change in the Constitution about
which, of all others, there is the creates, diver
sity of opinion, and is of great Importance
feel it due to the voters of the District, 10 state
the reasons for my opinion. somewhat at length
An experience ofsevera years in the Legislature,
during which period several Judges We're elected
convinced me that the present mode Of appoint
ment was as bad as could well be devised. The
great mass of the Legislature when party feel
ing does not operate feel but little interest in
such matters, and are too much Influenced BY
personal acquaintance and feeling towards the
candidates and have but little reference TO the
qualifications for the office. The consequences OF
this State of things are obvious. and on one oc-
casion when | was present gentleman who
happened to be member from one district in
the state was appointed a Judge 10 remote
one over the heads of several other Candidates
of superior claims greatly, and against the wish
es las the house had every reason to belieye} OF
nine tenths Of the district II the appointments
are made from among those of whom the Legis-
lature has no previous knowledge, they are cor :
strained from the want of other lights to make
the appointment from the representation ofihose
who happen TO represent the particular district,
for which it is to be made, who unless the va
cancy occurred in the short period hetween the
adjournment OF the previous Legislature and the
election, were elected without the least reference
TO such an OBJ oct. These members are frequently
too much under the influence of selfish con.idt
ratons, such as making room for themselves OF
their friends at the bar to be safely confded in
If the choice is confded to the people, they
will make it,swho have the best opportunities o
knowing the qualifications of the Candidates
the deepest interest in making the best choice
and if they make bad one, they viii be the
sufferers.
But the strongest objection to Legislative ap-
pointments, is, that they are made almost ex
clusively on party grounds, either to reward
partisans for partisan services, for political
apostacy to their former friends. And it there
happens to be any unwilling members of the
party, to make isuch appointment, (Which can
in no way be connected with party politics) on
mere party grounds, they are wheedled into ii
by alkthe influence of party appliances, or dra-
gooned into it by all the terrors Of party denan-
citation.
1t may be said, that if the people make the
appointments, it will be subject to the influence
of party. This certainly may be true to Ger
tain extent, in times of high party excitement
but, believe, to nothing like the same extern
as when done by the Legislature. A consider
able portion of the electors will be apt to feel tot
deep stake in the appointment to yield them
selves UP TO mere party dictation, being no as
pirants to office, they will be comparatively in
different to party appliances, and party drill
Not so with Legislators, who are most generally
politicians by trade all their hopes of future
promotion depend on their doing the work O.
party good or bad.-Should there be a party
nomination of Judge before the people, they
will be constrained, in most cases, TO select tn.
best their own ranks will afford, in order to en-
sure success, but with the Legislature it is no
unfrequently the worst.
With reference to the tenure OF the Judicia
Office, there are two objects to be secured,
possible, as all will admit; sufficient degree
of independence in the Judge to make him i'm
partial in the discharge of his duties and sec
ondly a sufficient degree of responsibility t.
make him energetic and industrious in their dis
charge. The opponents of the term tenure sa.
that under that tenure, those two objects arein
compatible and utterly irreconcilable.
believe that with proper duration Of TIN
tenure, and proper subordinaton of the inie
rior to the superior tribnals which subordina
ton is Indispensable under any wise system
they are not only entirely compatible, but tina
II ia the onlv wav nv which both objects ga,