Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-06-03

uuHhg MS cohllnuance III ONCE. county hiaSlS
lraies, like the Judges, should he elected by th'
people--thcy should he stripped of their selt-per
petnatiRg power, their number limited, say to AZ
and the county divided into districts.
We have thus attempted, impertecly, we know
TO give a sketch Of Mr.. Snart's relnarks, but ii
doing so, have used our own language, which
may. possibly, present some of his views in al
awk ward light, for the delivery of the speech
occupied near three hours, and ii is not intended
( in this abstract TO give more than sketch, .eay
ing those who heard it to fill up the outline. The
speech displayed great ability, profound Learning
and was one of the best efforts of his lie. All
who heard it, agree in ths--and though we dis
sent from him, in some OF his views, particularly
OF the judiciary tenure. justice requires that he
should be fairly represented aRd il we have mis-
stated any thing, we will be prompt to corree,
any errors into which we may have unintentianally
faen-the intimaton being given Ct any hay
ing been committed.
Mr.. FULTZ replied 10 Mr.. STUART, and be-
gan by saying that the position he occupied was
a novel one, he having heretofore taken no
part in public natters-he commenced life
without patrimony CT friends, and owing to an
imperfect education he might not appear to adj
yantaGe--hls appropriate place was at the bar;
aud he hoped all proper allowance would be
uletlG tot tile tHdIttlCl Ill WHICH NE SHOULD DISCUSS
the subjects under consideration, His opinions
were honest, they We're not formed from extra
neous circumstances, bnt We're the result Of hon
est convictions AS TO the Right Of Suffrage I'M
der the present Constitution it ill-defned
and almost uuineiligiblejt ought to be exteud-
Ell to all persons over p wears ol age who had
discharged The Ordinary duties of citizen and
who was not convict Of crime. He was in favor
OF general system Of Eddeation by which all
persons woul,t be made better acquainted with
their rights. and such persons could not be made
the dupes OF designing denagoeues. In the
present basis of representation in the Legisa
ture there was no justice or equality-it was az
bitrary. Mr.. Fultz commented upon article
signed "Lee" which had appeared n the Rich
mond Wing, the writer OF which was i'll favor
of equallzing the districts, but was opposed to
making any change i'll the number of delegates
each of the Eastern divisions ofthe State were
entitled 10 in the Legislature He was in favor
OF the basis OF white population and would not
combine properly and taxation--he was no dem
aaogue. He denied that there was no difference
in the power of different governments. but sa
that government was best which was Just strong
enough, and no stronger, to control the people.
This is the Democratic doctrine
Legislature .-Mr. Fuz said he was in favor
Of biennial sessions Of the observation-disclosures
ner in which appropriations of money had been
made rendered it necessary that something
should be done--the SESSIONS should be limited:
take from the Legislature the power to release
fines imposed upon Sheritfs; TO allow free ne
groes to remain in the Commonwealth; aprlica-
plications for divorces; and vest this power in
the County Courts. Too much time was con-
suned iii the discussion of these subjects in the
Legislature and at an expense of near $1,000 a
day. Prohibit the Legislature from discussing
the subject of Federal Relatiens--Iimit tine pow
er to charter corporations: the county was shin
gled over with them and in an Internal I'M
provement bill let the act set forth the means Of
paying of the debt created BY it, He was in
favor of giving the Governor the Veto power.
This would go far to relieve the Commonwealth
and tighten the burdens of taxation. and prevent
waslelul extravaganza Of the public money
81 Of an hours recess meetat2 o'clock
Judciary.-Mr. Fultz said the present mode
OF appointing Judges Yves defective; the Judi
ciary would be the battle-ground To secure
change wonla be OF the first Importance The
appointment by the Legislature would not do,
for member from Cabell did not care who was
Judge in Augusta, and so of the various districts
in the State, the wishes of The people were not
consulted when Judge was to be appointed
Mr.. Fuz then took up the tenure of office
and discussed it al leneth--he said there was
10 practical difference between the life tenure
and the tenure during good behaviour He in
stanced the case of the "midnight Judges APP
pointed by President Adams, in 1900. on the
last night of his term Of Office and when Mr.
jefferson took his seat as President he Was ask
Ell to remove these judges; the question Was dis
cussed by learned men, ali of whom agreed that
there was, in reality, no difference between the
two tenures-the Judges were removed Mr.
Fultz said impeachment was a humbug. He
next adveted 10 the Court of Appeals, tro of
that body were superanuuated, and the business
devolved upon three persons who must soon
break down by excessive labor. bespoke in no
unkind terms Of those who had grown old, and
would not turn them out ''like an old horse" to
die, it would be better to give them pensions
than thus obstruct the business of the Courts
Mr.. Fultz said it was a violation of the Const-
tuition, in his opinion, to have tWo Courts of APP
peal in the State, the Constitution recognized but
one and their decisions might come in conflict
Formerly no lawyer would venture his reputa-
ton as to the chances OF success in the Court OF
Appeals-=so great was the uncertainty in its
decisions, that rights at law had better be given
up than hazard fifteen gears controversy-all
this was owing to the imesponsibility Of the
Judges. Two-thirls concurrng, the Legislature
could remove Judge for incapaciy, but who
ever heard of Judge being removed Periodi-
cal elections was the only remedy. The length
of the term of office must be settled by wiser
heads. He was in favor of s, 7 or 10 years
Mr. Futz ridiculed the idea Of presenting a
Judge 10 the Grand Jvry--if presentment was
worth anything it would apply as well TO the
tenure for years as during good behaviour. Mr.
Fultz remarked that the good behaviour tenure
had been in operation from l774 tic 1929, and
had not worked well; the Convention of 20, to
remedy the difficulties, adopted the clause re-
curing the Legislature to remove the Judge,
two-thirds concurring In showing that there
was no responsibility under the tenure for a term
ot.years, Mr. Stuart had presented only extreme
cases, and extreme cases never illustrated any
thing. Mr.. Fultz contended that public opinion,
which governed Religion, Law and Morals,
would also control the Judge and hold him 10
responsibility Increase the salary of the Judge
and the most competent persons would be placed
upon the bench. Much was said about the i'm
6 |,