Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1850-07-25
THE LYNCHBURG VIRGINIAN.
IyNCuHURG. JULY 25. 1850.
STATE REFORM-THE JUDICIARY.

question OF State Reform we shall proceed TO dis
cuss the following questions in the order named
| |. The Judiciary, embracing the Circuit Courts,
Court OF Appeals and County Counts; End. The
Legislative Department., including the right of
suffrage, the basis of representation and the du-
lies OF the Senate 3D. The Executive Depart
ment; and Alb. The propre:y OF electing minor
officers CLERKS, SheriiIs &c, by the people
! In the discussion Of these questions shall as
,ert what we conceive to be the truth and that
which we believe will tend to the promotion OF
the interests Of the Commonwealth.
To procced-we will investigate the judiciary
in the three departments, following LIST. Circuit
Courts; 2nd. Court of Appeals Sd. County Courts.
CRCulr CouRTs.-The present system of elect
ing Judges should be so changed, as to provide
for their election by the people. Al present they
are elected by the Legislature. We are not aware
that this body is better qualified than the people
to select those officers, who are competent to adj
minister the laws of the State. But laying ASIDE
the question Of competency. to giant the Legisla-
ture this power, is giving the legislative depart
ment a control over the Judiciary, and making
IT, in some degree, the agent of executing its own
laws. But there Is one consideration, connected
with This question, entitled to it, full weight =
The people OF District are interested as midi
yiduaIs, IN the choice of thcr Judges But not
so with the Legislature. Ii is composed Of men of
Iall sections and OF all characters who from sec
honal considerations Of party benefit, might be-
and have been, induced 10 vote for incompetent
men. But the people, who have their interest at
stake, will see that those interests are protccte
The entertaining of certain party creed may be
an ndueement, which will influence the people
in their choice Of their Judge; but in the selection
OF candidate TO represent party, care will be
taken that the selection fall upon one qualified to
discharge the duties Of his Office.
The period OF service is an important consider
alton, This period should not be short, for an OBJ
vicus reason. No office in the whole catalogue
OF Offices is more important than of Judge its
duties are arduous and their faithful and efficient
discharge is based upon full knowledge of the
principles and acquisitions of the lava knowl
edge to be acquired after severe course of dis
clpllnc, embracing great application and con-
siderable share OF experience. The requisite
qualifications for Judge arc, indeed, so strong,
that we see them only in those members of the
bar who have attained 10 cmincnce in their nro.
I tesslon, and though that emincnce have become
settled and fixed, or in those who are fast crow
ing more eminent and moro influential. To IN
iIucnce these men 10 rclinquish their real posses
SONS, or future prospects, some great inaucemcnt
must be offered. The honor attendant upon the
position OF Judg is. indeed, great and is actual
/ ~ an Involvement; but when we remember that
the lawyer, who stands at the head Of his profess
SION occupies position scarcely less influential
and less crcditable than that of Judge we will
! learn that the Involvement offered by the honors
of short judicial term, will not be sufficient 10
allure that man, who is already with the first
men at his bar, or bids fair so to be- See the eff
feet OF a short term upon the man who accents it
1t is offered TO man of distinction, or man of
fine talents and abilities who will be 50. lie ac-
ceptS and ENJOYS, Tor few years, the judicial
honorS. His term expires and he dcgccads into
The bar. But when lie comes into the bar, he
learns quite quickly that there is more t. do than
lay aside the Judicial robe. Other men of infe.
nor abilities, owing 10 his elevation, have taken
his clients and now, that he has descended into
the bar they are gone. He has TO commence
the practice of law, under all the disadvantages
of new applicant for practice. This view shows
that the elevation to the Judgeship, under the
circumstances, Is actually disadvantages All
men OF intelligence and wisdom, therefore, will
shun the honors OF an office Of this character; and
consequently, the Judgeship will fall into the
hands of incompetent men.
As remedy for the evils originating in a
short term, 1t Is proposed 10 constitute Judges re.
eligible. We certainly advocate the propriety
OF making Judges re-eligiblo, if the terms must
be short ietw much doubt The propriety Of
short terms, upon the very ground that re.
quircs Judges 10 be rc-cligiblc. Admit all tina,
may be said, in favor of re-clccting Judges. and
we are forced to the conclusion, that their re-
election is iraught with danger and will proba.
by lead to the corruption of the Judiciary. But
constitute the terms short, and make the JUDGES
re-elIgible and you have not yet removed the diff
fculty. To induce men Of distinction or promise
OF distinction, to resign the position, which they
occupy, they must be offered a certainty. Give
them short term, and, at its expiration, make