Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-06-24
Since national freedom consists in restraints

a rig to restrain them-all laws should be en-
acted by the people. But it being impractical
Bile, or very inconvenient, tor the whole people
TO assemble together and deliberate, the nearest
practicable approach should be made to popular
by committing the power 10 repre-
sentativcs, coming directly from the people and
rejecting their wishes. would, therefore, have
the legislative department elected by the people,
according to the humber of free white popula-
ton over the whole State, without regard 10 ge-
ographcal divisions, and responsible TO their
constituents, at short periods, so that the laws
should operate as restraints, or rules of action,
voluntarily imposed by the people on themselves
and each other. | would have them chosen ac-
cording to white population, because all power
is vested in the people; and not i'll property
Property has no capacity for self projections but
requires the protection Of the people, and when
ever on pretence OF protecting property, YOU
to freemen, you excite jealousy and distrust ill
the minds OF the people towards that property
array their power against it, and actually endail-
ger, instead OF protecting it. | would break
down geographical divisions, so that the minds
and hearts OF all might be turned to the advance
ment of the glory oil the whole Commonwealth.
one and indivisible, instead of being occupied
with petty and inslorious sectional jealousy.
woult.. have the Legislature to meet once in
two years; and restrict their session within rea-
salable bounds, not only for the sake of econo-
my, but to induce wiser heads to accept the of.
lice, and urge meulberS to more assiduous labor
but the immediate Representatives of the people
s:lould have the sole power of legislation
would not Introduce the Governors peto, the one
man power, to s,iae the voice of tire peoples
immediete representatives would not have
them truckling TO obtain his gracious leave to
speak out the wifi of their constituents The
Governor might exercise the conservative pow
er of requiring the Legislature to reconsider
hasty legislation, but if passed asecond time by
bare majority OF both houses, the bill should
become law in spite of the Governor The
laws being thus enacted by the sovereign people
for the protection OF the life, liberty and pro
perty OF each and every citizen, to operate as
selt-lmposed restraints as long as they stand un-
repealed, not upon individuals alone, but upon
the sovereign people themselves; how will wise
and vlrtuous sovereign, such as the people are,
intent oil securing the rights of the humblest
and most obscure citizen, provide for their in
depreciation and execution? Judges must be ap.
pointed TO interpret and enforce them. How
shall they be chosen! The sovereign people oi
the whole State have perfect right to appoint
them, it they choose, and perfect right to dele
gate the appointment TO any other, it they see
proper. The question still recurs-What IS con-
vemen !! What course is best calculated to Elf
sure good appontmentsand give the proper pro-
lection! My opinion is, that where Judge is
to be appointed, whose jurisdiction is co-eStesr
sive with the whole State, the whole people, by
general ticket will make the best appoilltssee
They have the deepest interest at stake, and
DO not doubt their capacity. I think, therefore
the Judges of the Supreme Court of Appeals
ought to tge elected by the whole people or, ii
deemed best, would not object othe State be-
ing laid Oft in districts corresponding in nslniber
with the number OF Judges OF that Court, and
the power being aeputed to the people of each
district TO eaeci@ne Judge. The people of each
]ucicaal circuit being most directly concerned
having ti1elr rights OF person and property in.
volved in the selection-would, am persuaded
be t1esafest and best depository OF me power Of
electing the circuit Judges, A proper regard for
their own interests would make them pruden,
and honest i'll the choice-wllile the members
OF the Legislature Except the few who come
from the dstrico feel little personal interest, and
are often unacqaainted with the merits of the
candidates The consequence, in some instan.
ces, has been, and always must be, that bad Sc
lections are made by the LEGISLATURE, eihe
from ignorance of the candidates, party conside
lalions, or personal favor
The next custom is-What shall be the tenure
of the judicial office! and consider it among
the most important to be submitted to the Con-
ventaon. Some contend that it should be for {
term of years; having the Judge re-elioible a
the end OF the term others prefer the Old tenure
good behaviour; others, again, a term of years
making the Judge ineligible at end of his term
and another class propose that Judges should IL
elected during good behaviour, but with CLAUSE
IN the Constitution providing that no Judge
should retain his office after he had passed Ger
tain age, TO be fixed by the experience OF man
kind as that at which the powers of mems
minds generally begin TO wane. My own opin
ION, founded on reason, experience and autsaor
ty is decidedly in favor OF an independent ten
ure OF office for The judges wise people, al
ready IN the enjoyment of freedom, should be
very cautious how they change the fundamen
tai principles of them Government. While the,
should not adhere to ancient abuses, they shoull
only seek TO correct existing evils-not to at
tain that tarcital perfection, which does not be-
long, in practice, TO human institutions know
but two grievances suffered under our judicial sys
tenn: One is the result of reckless and bad appoint
ments OF the Legislature. That would correct
by giving the election 10 the people. The other
from the imbecility Of some Of the Judges, re-
sulling from old age. That would correct by
a constitutional provision, that no Judge SHOULD
hold his office after arriving at some age fixel
as that at which men generally begin TO grow
lmbecie. By such provision, the services o.
Kent or Marshall would occasionally be LOST
to the bench. But these occasional losses woul(
be more than compensated, by the genera
soundness and activity of the Judiciary, and the
general interest, in the main, would be promot
ed, II The age of incapaoity were judiciopsl,
fixed-say somewhere between sixty-fye aul
seventy-fve. In addition, l can see no objec
ton to a constitutional provision, making habit