Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-07-17

the only suspecng parties The richer and more conse
quenal when sung by heoss of property would be equal
ready to believe that the Judge was caerineo the mighty
manythe poor who constitute the majority ofevery com
immunity, to win their votes. The effect would De almost
inevitably general suspicion and dsrus
ion the legal tribunals of the country, which woud no soon
Ter be consummaled than rage and violence would be subs
ftuted for law. think it well merits serious consideration
}how far the boosted liberty Of Great Britain and Amerc
lowe their existence to the Independent tenure their Judg
2es In my next and last essay will suggest some RENE
ldes for the evils complained Of
49, " CHRISTOPHER QUANDARY.
Me,rs Editors The true issue the judiciary ques
Tton is "wheher the people capable Of making laws
sonp enouph and wise enough control Judges and com
Incl them TO perform their official duties not" All ad
init that the Judge who decides the sacred rights Of the
czens ought be Independent oevey influence but those
of the law and the evidence in the cause before him. That
poorest most helpless obscure stranger should stand in
"a Justice equal platform, with the most pow
ferul popular and numerousy connected That Judge
would bdenOunced corrupt who would undertake de-
lcde cause in which he had interest of five dollars, and
much more On the issue Of that cause the tenure of his
|olice his whole living depended All admit that when
Ion the eve Of election of Judges is tried in
(which an influential man, of large family connections is
party on side, and poor, obscure and poweess man
Tor woman is party the other side; where popular
man is party on side, and unpopular man. the
5anxous his re-eecon 10 decide the cause in ia
vor of power and popularity, and7ganst poverty and weak
mess All admit that the laws Sre chiefly intended for
protection to the weak against the strong and therefore
THAT such leaning the part Of Judge, in favor of power
against weakness, would be peveson OF the great ends
lo the law Yet the pretended friends OF popular rights,
9while they aud the intelligence of the people, and call
them to exercise all their privileges strenuously insist that
a these dangers must be because the people
are incapable of enacng laws sufficiently strong govern
1ntx, H.. %. 4
and would be cusoders of the peoples money laugh
scor the old fashioned republicans, who planting them
selves upon the platform of Washington Franklin, Aad-
SON. Marshall and host of Revolutionary patriots, insist
ION the ability of the people to frame laws, powerful enough
ito govern all, high and low, strong and weak, Judge or
beggar
When they are told that six grand ures set each year.
lin every County of the State, each ore of those grand W
res composed of from sixteen to twenty three hard listed
Intelligent and Independent yeomen, selected lndierenty
from the body Of the County-neithe Office holders nor Of
flee seekers and sworn perform their duty without ear
favor or affection they wag their heads and say ha, ha
these grand jurors may the turn Of bringing small men
Ito JUSTICE but they will be afraid of Judge Yes, they
will frswear themselves and leave offending Judge un
presented for craven cowardce. What insult to the
body of The people? Some ohese patriotic guardians Of
e peoples rights, have convulsed even the boys with
monment at their ignorance, BY the grave assertion that
mo GRAND Jury could find presen!ment without the concur
renee of the fireman. No one suppose need be told that
this suggestion groundless. Ye! snchis the character
o the arguments and assertions resored TO- to deceive and
mislead the thoughtIess.
What is the capacity for self government? 1t is the ca
paciy TO enact such laws, will project The feeble, and
RESTRAIN the powerful Does it not follow necessarily that
every attempt prove the ncapacty of people enact
such laws is an attempt 10 prove their ncaaclty Tor sell
government.
But al this most interesting of all periods for free PEG
pIe-when talk of amending the fundamental laws of
bur Slae-a sci Of politicians have sprung up, calling them
selves the friends of the people, whose distinctive doclne
lis simply this that while it is very important Tor Judged
Ito be independent it is important also that he should be
sponse and nasmuch the people cannot make laws to
hod him to responsibility, they must let him ride over hem
booled and spued for Of years, take away his indie
pendence, SO important for the protection OF the weakeave
him be tempted away from the line Of his duty, by ihe
powerful families and factions of the District, and then al he
lend of his term of years. if those powerful families and ac
lions will permit it, him out and get some one else to
bo subjected in his TO the bad influences. That
the only hone is not 10 control him Wilhelm but c turn hm
tout.
Look at these men who are foremost in advocating this:
strange anepublcau doctrine, that popular laws are no
slrong enough control Judge and that The people there
FGore should take away their independence You will find
them almost universally, either hot pazan politicians, or
bers of large and powerful family connexions, who hope
Ito rule the country, when the necks of the poor mans
Judges are put under their feet. THE people ncom
laws to govern popular politician or powerful family &
Such stuff is libel the freemen of Virginia. Their
fathers proclaimed 10 the world that they were capable Of
[sefgovernment and sealed the declaration with their blood
them prove themselves worthy Of the boon so dearly
purchased and let every man be looked upon as an enemy
Ito popular liberty, who shall dare affirm that any how
lever powerful stronger than the laws Of an enlightened
people. i,
[duty of removing inefficient Judgesthey swear perom
THAT duty But unfortunately for the people, the LegSa
nre has o late wears been filled too much with nesev
nu popuarity seeking men, and they have failed TO per
form their duty Does it follow because the peoples trust:
has been betrayed by he that they cannot safely repose
h. in some other tribunal? 1t is to be tolerated that many
ofbose very Legislators now candidates for the Conven
on should rely upon their own neglect OF duty opersuade
peope that because they trusted them and were decev
gedheeore they fools and incapable OF passing any
law whereby such Judges can be removed.
If the people are capable of enacting laws by which al
Judge can be governed and made legally responsible Tor
neglect of duty corupon then there is an end TO lhe
arguments the advocates of the term TENURE and reeec
on of the Judges, have never pretended any other nece
sty for such measure, than that was the only means mi
1.-The mower of the people compel the Judges to do their
duty. fit is as insist, libel the peoples capacity
ITO nrre such an argument-f the argument itself strlkesI
Fat the very root of republican government by suItl-
fynp The people them will insist the dangerous
experinen of destroying without cause the independence
of the judiciary even though repudlang MISSISSIPPI MOD
ynu New York. and twenty other States have set the ex
Iample. go
Virginia in other days was example to her neighbors
land more especially 10 her children Hass fallen SO low
las TO become an humble mtaor and go to school TO her
daughters Her mighty men have gone up before the
throne of God and from the clouds they speak to her In the
warming voice Of wisdom. Shall she like the children Of
Israel amid the hunders Of Mt Sinai turn from their warn
ling voice and worship calf May God in his mercy save
this noble old Commonwealth from such degradation, and
may the words of one of her greatest and best
lin her earsThe greatest scouse angry Heaven ever
inflicted upon an uugrateul and SHINING people was an g
inorant, corrupt, or dependent judiciary"