Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-03-06
'(From the Democratic Review. of March, 1887
ELECTIVE JUDICIARY.
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We have heretofore shown that our notions abou
the independence ofihejudiciary have been borrow
ed from England. We have shown That the inde
pendence of the judiciary, there understood, car
have no application to this country. We have fur
ther endeavored to depict some of the evils which
must necessarily follow that Responsibility. 1r
addition TO these things, many cogent and ,unan
swerable arguments could be urged in favor OF aju
dietary, constituted upon different principles, If i
were deemed at all necessary TO continue further
the discussion upon that point. Recent events have
shown, that upon this subject the public sentiment
Of the country has undergone agreat and radical
change In six States of this Union, Constitutions
have been adopted, which recognize to the fullest
extent, the necessity Of holding all the departments
cf government TO a proper responsibility. In New
York, Louisiana, Missouri, Texas, Illinois and Wis
consin, the people, through their representatives,,
displayed wonderful unanimity as regards Y pro-
prety of limiting the tenure Of judicial Offices In
New York, Louisiana, and Texas, the highestju
dica functonares are TO be appointed for the term
of eight years Illinois, for nine years; Wisconsin,
five years and in Missouri for the term of twelve
years and there can be but little doubt that this
same principle will soon be adopted and acted upon
by every State in this Union. Responsibility in
and not republican principle. In the future dis
cussion Of this subject then, we shall take it for
granted that this system OF appointment for life is to
be abolished Our judges hereafter are to be ap-
pointed for term of,years. Their rIesponsibllity
is TO cease. They are to be accountable to some
one and the question is, TO whom shall be co9hded
the delicate duty ofhOlding them to accountability! '!
We have no hesitation in saying, that we go for
reposng the sacred trust in the hands of the people.
The first point which naturally suggests itself in
the investigation of this subject, is that involving
the question Of right. Have the people the politi-
cal right Of electing their Judges? If so, then the
advocates Of popular election a.e contendIng tor
nothing that is wrong They are merely advoca-
ting the exercise of right which is conceded. But
it may be said, that although the existence of the
right cannot be disputed, in the teeth Of the ac
knowledged axiom Of our government, that call
power is inherent in the people," yet the expeden
cy of exercising that right may be well Questioned
and utterly denied. The fallaoy OF such position
is easily exposed. No man can be deprived Of
political right under the pretext that it is iexpedi
ent for him to exercise it. The right once granted
or proved, the free exercise Of it follows else the
term "rght" conveys no idea which is definite and
tangible to the human understanding. VI what a.
vail will it be TO possess right, if it is to be pos
sessed in theory alone? The Constitution declares
'that all power is inherent in the people )" yet, If
none Of the powers Of the government are 70 be ex-
ercised by the people, what grave and solemn
mockery is the empty assertion of popular rights
It will doubtless be consoling TO the people, TO in
form them that their right is unquestioned 10 man
age and control the affairs Of their own government
as they please; vel that it would be vastly more
expedient and profitable TO them to permit others
to exercise the right which properly belongs to
them This is the, argument which is employed
every where to comfort the sorrows and bind up the
wounds of the crushed and down trodden masses of
the world. This is the argument which is intend
ed to make the Russian serf bend his back 10 the
knout without murmur, and which is used TO prop
up and support every grinding despotism in the
world. 1t is the argument which pours its syren
voice into the ears Of the English subject, and tells
him, when guant famine preys upon his vitals, and
sweeps his hearthstone with desolation, that it is
vastly more to his interest that the powers Of hegov
ernment should be wrested from his hands, where
they properly belong, and placed in the hands OF
tyrants. Whether he believes in the principle
which dootns him 10 perpetual slavery, is problem
most easy of solution. Remove for single day
the military power of that government, and the
setting sun would shed lis light on the ruins of that
stupendous tyranny, which strides over the for
tunes anG the liberties Of her people.
And now the very argument which is employed
by the monarchst, is the very argument which is
employed by the opponent of an elective judiciary
AS the people are told in one case, that 1t is Tor
their benefit that all the power Of the govern
ment should be confded ~ the sovereign, SO are
they informed in the other case, that II Is tor their
interest that the governor or the Legislature should
be permitted 10 appoint the Judiciary. Gan 1t be
;Jox thafif ic utar
that the most important functlonaries of the State,
who are daily called upon to decide questions in
volving their lives and the property, should hold
their appointment from, and be responsible to, some
authority in the State other than thai Of the people
themselves? Education and habit can teach many
things but rightly presented, they can hardly teach
so monstrous a proposition as this.
The advocate OF judiciary elective by the peo'
pie, is fortified by arguments which can be neither
resisted nor refuted. In defending the acknowl-
edged political right of the people to choose their
own officers in all the departments ofgovernment he
stands upon position which can be carried neither
by siege nor stLrm. He may be sneered at or taunt
ed or denounced, as destructive and radical, but
his cause is last anchored in the affections OF the
people, and is destined to speedy and glorious trl-
umpb. ..,s
In the organization OF our government, fihere is
one leading principle which is recognized as essen
tial, it is that Of the separation and division OF It's
powers. In pure despotism, all power centres in
the monarch. Just in proportion as you divide and
separate these powers, you advance from monarchy
to repnbicanisrn In most Of the constitutions a
dopted in the States the powers oigovernment have
been divided into three parts, legislative, executive,
and judicial each of which have been confided to
separate and distinct body Of the magistracy The
importance OF keeping them separate and dIstlnc!
has been fully acknowledged, and the possibility OF
an unuii between them has been guarded against
by prohibiting any one Of the departments from ex-
ercising any Of the powers justly belonging to either
Of the others. The trainers Of these constitutions
have sketched with bold hand the True outlines
of republican government, and they have recog
nzed the fullest extent Of the principle that as The
Capitalization of the power constitutes desposm,t:
separation and division constitutes The vital prnci
pal Of republic, but they have failed to carry ou
in practice what they sojustly announced in theory
In truth, our safety consists in keeping each OF tht
departments OF government separate from and inde
pendent of the rest. Any other organization. of tht
government would be destructive of our libettles
and would lead to disastrous consequences. i tht