Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-05-20


Thu ii ST article Of the Constitution we have
adopted, provides that the powers OF the govern
nlent shall be divided nto three parts, and each
OF them coulided to separate and distinct Doay
OF magistracy. AS the cehtralizatlon Oh power
constitutes despotisn its separation ana u,vis-
ion constitute the vital principles OF he2ublic.
10 make The judiciary dependent upon the Leg
islature or the executive would destroy this
principle, and would render that department po-
tent for the purposes OF evil, but utterly power
less for purposes OF good. The Constitution
signs to each of the departments its respective
duties and it says, "thus far shalt thou go, and
no farther" The judiciary is relied upon, not
oaly to settle disputes among citizens, tnt 10
keep the other departments from shooting mad
j. from the spheres allotted to them. Il IS ITS
duty to decide whether the laws enacted by Inc
legislature and approved by the governor. are
constitutional or not. If constitutional, to EN-
force them, if not, to avoid them and set them
at nouaht But if the judiciary be appointed
BY the Legislature, OF by the governor and at
the end of a stated term OF years be compelled
to pass under the censorship of these departments
what guaranty have we for the protection and
Integrity of our Constitution Look for mo-
ment at the evils that might result from the de-
pandence of the Judiciary upon the Legislature or
the executive.
The Constitution declares that no er post .faeto
shall be passed aud that the writ OF ha5sas corpus
shall not be suspended except i'll case OF war, or
actual invasion of the country. suppose that
the legislature ha. declared that the writ OF
hqJeas corpus shall be suspended in time OF
profound peace. A citizen being deprived He
pally Of his liberty, applies to a Judge tor writ
of hubcas corpus. The issuance OF the writ IS
resisted upon the ground that the Legislature
has ordered that writ TO be suspended The con-
stitptonaIity Of The act is denied, and Judge,
who is a oand1ate fer reelection before the
same I. gis!atnre is called upon to decide whether
the Constitution has been violated er not. DO
you think that the liberty OF citizen would be
safe before q tribunal thus constituted /? Is this
the kind OF independent Judiciary 10 which you
wish to surrender the lives, the liberties and the
fortunes Of the peopee
But gentlemen tell us that the great and para
mount object is, to have the judiciary illdeTend-
ont OF popular cafnor SIT, these gentlemen
can see danger ahead but i'll one direction
They seem TO have no fear or dread except OF
the power Of the people, no matter how servie
itsmay be to the legislature or the Executive,
they have reaped the frultion ct their hopes
Independent Of popular camorl yet they say
nothing OF legislative clarnof, venality and cor
luption nothing Of Executive power, tyranny
and usarpaton As for myself, had rather the
Judiciary should be thermometer, TO indicate
The rise and AL OF popular excitement, Or that
it should be weathefeock, to designate which
way the winds OF popular feelings blow, than 1t
should be constituted in court ct record, to re-
aster the etllcts OF the Executive mansion, or
the mandates OF legislative nsurpation.
With q judiciary appointed tor q terra o years,
and fully responsible to the power that appoints
them, we are now called upon to say whether
that judiciary shall be subordinate to the legisla
ture, 10 the Executive, whether it shall be re-
sponsibie directly to The people, The election
IT. L., ,,t 81,
ieetionabe mode that could possibly be devised.
An adoption Of this system would lead to the
mes disastrous consequences. 1t would polute
ihs streams Of the legislature at the fountain
head Corruption and yenality would sit en-
th4oned IN tlla council chambers OF State, and
cur legislative oftice-scekefs would be pitted
against each other. Besides, it is a blending OF
powers utterly homogeneous an lrreconcllable.
Nomination to office Is an executive junction. Ii
is the duty of the legislature to pass laws, and
not TO elect Judges. The introduction OF this
.s:stem would inevitably lead to loG-rollln5, bar
ter OF votes, itauds venallty and corruption nth
.ont end /; and in no point OF view is It such q
system as ought to meet with the appreciation
soi the Convention. As however, there are bat
few advocates OF 1t upon tins HOOP, VIII pass
on without a further examination OF Its detects,
The Executive appointment OF the Judiciary
is the most earnestly pressed upon our conslde-
ration 10 this mode OF appointment | have
the most decided and nvinclbe repugnance.-
To the chief magistracy can never consent to
surrender the judiciary, bound hand and foot
AS Executive, and as constituent branch OF
the Legislature, his acts are to be brought BY
The Judiciary TO the test of the Constitution
By holding in his hands the power of re-appoint-
n1ent YOU give him absolute dominion over the
Iudpes and If disposed to do a violent thing,
he would soon fill the bench with fitting instru
rnents to sanction and sanctify the deed, Give
him this power, and he will unite in his person
all the powers of government. With leelsa-
tive and Executive functions, and servlle and
obedient judiciary, he will possess as much
power as the crowned monarch on his throne.
| object to il also, because ii Is the cone man
1,ower,' 1t is a shoot from the doctrine of the
divine RIGHT of Kings. 1t is an exotic transplant
ed from the gardens of London tower. The pa
tronaee of the Executive is a remnant OF the
nloaarchcal principle and It lis the fountain
from whence have issued coplous streams OF de-
,noralization that have flowed over the land
Nothing can be more dsgraceful and degrading
to the character of the American Republic, than
the humiliating spectacle which is presented
upon the accession of each new Executive TO
the chair Of the State. That spectacle is not
only witnessed in louisiana but upon the more
elevated theatre of the National Government
Swarms and myrlads OF office hunters hock 10
the seat OF government, as cormorants and vul-
lures gather around a new slain carcass. They
besieoe and beset every avenue that leads to the
executive palace and it is said that one Pfesi-
dent lost his lie by the harrassments and i'm
portunities ofthese hungry claimants, that would
take no denial. 1t is lamenlable truth, yet it
cannot be denied, that there are hosts OF indi-
vidua!s who follow in the wake of the two great
political parties as sharks follow in the wake OF
a ship for the oi1al that is thrown overheard, or
as stheves and bandits follow after the caravans
of the East for the hope of the plumber they may
pick up in the rear" 1t is time that the evil
Should be renledied. | desire to dry up this
fountain of bitter waters at its very source The
Executive should be shorn of the whole of his
patronage. The power Of appointment should
be taken from him altogether, and placed where
it properly belongs, in the hands OF the people
Sir, thar Convention which shall accomplish this
l. IL Llua sacrll-I