Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-29
Elective Judiciary.


reformers to cease with the cry of 'demagogue,
while they have presented strength Oh areu-
ment that cannot be resisted. we add, this
week, the opinion of JOHN THOMPSON, Esq, Ia
brotbe. to the excellent Judge i'll this Circuit
the distinguished State Senator from the Amherst
district. The opinions OF such a man, who is
considered one of the abest lawyers in the State
are entitled to great weight.
1t is believed that there will be found few to
oppose this change in the appointing power
the election of the Judicial officers But many
honestly doubt the wisdom of change OF the
Tenure of office-from a tenure OF good behav-
iour tn a tenure of a fixed term of seven years.
it seems to me, with all due respect to such OBJ
iectors. that when they admit that the people
are the best appointing power they may safely
be trusted to re-elect, unless it can be shown
that the periodical tenure would corrupt the
officer, OF have tendency that way. In order to
secure a reelection. My answer to that position
is, that so long as the masses are viruous, and
have but a small share of intelligence, the officer,
if intelligent, cannot tail to see that all honest
and upright administration OF the duties OF his Of
flee will best secure his reelection. And 1t they
1.-THE constituent body) do not remain thus virtu-
Gus and intelligent our lndicla officers cannot
preserve our liberties 1t seems to me that great
error prevailed heretofore, in the public mind on
this subject At one period of my life ii swayed
me- but more intimate acquaintance win the
operation of the system has tor several years,
induced me to Yield t-that is to say that the IN
dependence Of the judicial Office was necessary
to the preservation of civil liberty. The idea
was borrowed from the mother country, and was
there designed to protect the subject from the
king. who by the power of removal, could con-
troll the Judge Here the people are the cleo
tive body-not an unit-too numerous Tor cor
ruption, and no adequate motive to mlsead
them in the appointments of their OWL servants.
| would make the salaries adequate, so as to
command the best talents, which should not be
diminished during their continuance IN o1hce,
and would further protect the office from assaults
by the Legislature. who shonld not discharge
q Judoe by aboshing the court without two
thirds vote of both branches. The present
tenure not only secures independence but abso-
lutte irresponsibity What is it Removal
by mpeachment for corruption in Office. 10
the honor of our State no example OF that sort
in our government has occurred III the superior
tribunals, and very few removals of the Justices
of the Peace for misbehaviour Ill office. he
moval by a two-thirds vote OF the Legislature is
the next remedy. That was power inserted
by our last convention, yet no example OF the
exercise of the power has taken place under IT.
True procedures NGlC VI u'o~' 'iANt
clause against a worthy Judge of the Court OF Ap-
peals, stricken down by disease and old age,
and the citation served upon him few days be-
fore his death Since that time it will not be de-
,ied that it ought to have been exercised against
many of our Judges. Yet the power OF removal
by two-thirds vote has slept Now, it the LegIs-
]ature will not remove incompetent officers, Will
the people more directly interested fail to re-elect
competent ones? The people may sometimes
be deceived and elect an incompetent officer but
when they do so, at the end OF his term they
will be most likely to get rid OF him by elec'lng
somebody else"
Extract from the address of LuclAN Minor,
Esq, of the county of Louisa
Against the popular election of Judges, tor
term of ten years or less, arguments are used
which appear TO me dictated not only by a
needless, and causeless distrust OF the peoples
intelligence, or integrity,-but by overlooking
perhaps the strongest principle of the human
healtTsrlF LOVE-: To have honest and able
indges, is so manifeslly the interest of every
man that mere self.love-the desire TO preserve
property, liberty, and life, for himself and his
iamily-wl make him vigiant and careful to
choose the best and ablest. For no man can
help feeling, that his surest defence against out
rage and wrong, is to have in the judgment-seat
one who cannot be bribed, or scared or fooled
This feeling will guide him at the polls; and
prompt him 10 vote not by his likes and dis
likes not by any patry vicious test-but by con-
sidering as to each candidate Els he faithful
able--sober--c COMMENSURATE dlgent!" Ii
the candidate is already Judge, seeking 10 be
reelected, his very best mode of electioneering
will be the diligent, upright, and skiitul per-
Torrance of his judicial duties. This view, it
seems to me, is a victorious answer to what was
said in the last Convention land is said by some
now THAT if such a Judge have before him
two adverse lhigants, one rich and influential
the other poor and without influence, his Judge
ment will lean too partially towards the former
think that would be exactly the case in which
he would strive the must, to signalize his love OF
Justice for he would know, that watchful and
Jealous ewes are upon him ; and if he leaned too
much either way, it would rather be to the poor
mans side-which would probably be the Popu-
lar one AT least, the motives to one sldedness
would be balanced.
But not one case in hundred presents just
such an array of rarties and would you frame
YOUR Constitution to meet the hundredth case,
or the ninety nine ordinary cases
The Argument have been answering is pure
Nv theoretical and is abundantly refuted also, by
the experience of Mississippi and other States,
where Judges chosen by the people have proved
TO be the most faithful and efficient ever known
there.
Extract from the address OF CHARLES JAMES
Faulkner, of the county of Berkeley:
believe the people to be the purest and least
corruptible source of appointment now in the
country, and when they have the means OF &C
curate information they are more to be relied
upon than any other tribunal for the judcious
selection of their own agents. Even in Greece
and Rome, where education was but slightly
difused, compared to what it is with us, histor-
ans dwell with rapture upon that extraordinary
discernment, which through continued series
ofsurprising elections, almost invariably led to
the choice Of the person best qualified for the
office. So believing, would have the district
Judges, Magistrates, high Shertfs Clerks, and
duties any interest is felt elected by the people:
Even Montesqueu who wrote his celebrated