Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-01


the upright-that has standard of attainment in
learning and good behaaiour would be that which
such people would require their Judge 10 reach;
& even If he We're half a knave he would not be
fool enough ITO SOW the wintln well knowing
that he would ere long :freap the whirlwind"
of popular rejection. can imagine 10 more
thorny hedge to- keep the Judge in the path of
duty than the term tenure.
A state of dependence it is argued is state
of slavery and the inference is that a Judi
ciary elected for a term,of years would be so
dependent as to become enslaved, degraded and
corrupted. Slavery accompanied by degradation
and corruption implies MASTER harsh, low
minded and vicious. Who in this case is the
master? II is the people themselves, and what
is the arguments That the people whose dear
est interests require that the Judiciary should be
pure, efficient, impartial and earned-to whom
the judiciary is indeed the balance wheel of
their insitutions-lhe citadel TO which they may
resort fer proecton-the very ark of their safety
would after having built the ark apply the torch
TO it-would after having erected the citadel begin
to sap It's founda,ions-wo after having con-
structed the balance wheel tear it to pieces
that the people after having appointed Judges to
hold with strong and steady hands the scales oy
Justice SO that neither side should preponderate
|
the poor man, frendless and alone, were in the
other, would begin at once to play :ie tyrant
and attempt to enslage those they had com
manded to be free and impartial-to degrade
those they had exalted and 10 corrupt those they
had oxhorted 10 be pure and undefled There
is no ground for such arguments in the conduct
of F:repudiatine Nlssissippi"-much less will
they avail with Virginians who have the tenn
piles ofreiigion still open-who keep the school
master in their millst-Who SOW the sacred
principles of virtue and the seeds Of knowledge
in the minds Of the young-who have not only
a reverence for the laws, made by themselves
but an intelligent sense Of the uses of law, and
the courage and the will, fearlessly to enforce
its provisions.
But some not venturing 10 press such an ar
gument say, the people would not become cor
rllrt or swaya corrupting influence over the
Judge but that the Judge would become corrupt
withom such influence and that too to gain his
reelection Most suicidal argument What is
it? Why, thata Judge in order to propiiate a
people who required him TO be pure would be
tempted to become corrupt--Nh no required him
to be impartial would lean against the fliendlass
poor in favor OF the rich and inhuential-N
require him to act tearlessly, TO be without fear
g. without reproaeh'-wonld be tempted 10 crouch
like a coward before few indivduals-an in
fuential family ora !actious squad =
"To bend the supple hinges of the knee
That thrift might follow tawning."
Those who press such arguments ought to
know that such Judge, at the end of his term,
it he dared come forward for a reelection would
be spurned with indignant scorn by the people.
In England i'll 1850, by act Of Parliament,
the Judges, who were before that time appoint
ed by the King and removable at his pleasure,
were declared ind' pendent of the King 4 reno
vable only for mis5ehavour by vote Of Parlia-
ment. And why? Because the royal family
of Stuarts had sought to Cypress the people, to
strip them OF their libelties, to put out of the
way the advocates of free principles by mock
trials before Judges selected for the vile purpose,
and who, at the bidding of theiI masters wrest-
ed the law from its meaning, and using the
forms of Justice, executed tie wicked purposes
of the King on his throne. The Judges We're
corrupt because the sovereign was wicked and
cruel-The Judges were subject to removal at
ana moment, and not only so, hut We're liable 10
imprisonment in the Tower if they hesitated 20
obey the tyrants willard it is argued that the
same reasons exist in Virginia for the independ
ence OF the Judiciary as in England, the people
here are the sovereign; and it is said occupy
the position fthe tyrant Stuart-of the Jameses
and the Charleses oil Great Britain. And whom
are they to oppress--to crush by the agency of
corrupt Judges On whom are they to wreak
their cruel vengeance-who but themselves
or one of themselves aud how is this to be
done? IIow is the poor land owner to be
stripped of his property for the sake of securing
a ia firoad to the community? To do it the
people mus! trample under foot their own con-
stitulion and insist on having their own laws
perverted and violated--laws made by them
selves aud cordially assened to because freely
enacted. ! confess my reason cannot follow
those who argue thus-my heart will rot trem-
bic before these ideal spectres which would not
frighten a chilli
Fellow-citizens, the work before you demands
sound heads and bold hearts-heads guided by
true principles, by the developments of expert
ence and by the teachings of history and hearts
filled with a sincere confidence in the capacity
of the people for elf-9oyernment--with warm
patriotism and with fearless resolution to
work out the great problem of reform
We shrink back instinctively from change
We are fettered by associations and habits and
though burdened with ills we ottentmes hesitate
and doubt to apply the remedies which the ex-
perience OF others suggests and which our own
reason approves. lily you believe periodically
elective Judiciary will remedy the evils we la
bour under, adopt it--adopt it nop when you have
the opportunity. Stand not Notwithstanding
on the brink---but fearlessly march through the
stream of difficulties which flows before you.
These difficulties will never beless--we should
therefore; "Begin: be bold and venture to be
wise )"
"Hewho defers this work from day to day,
Does on rivers bank expecting stay
Til! the whole stream which stopped him
shall be gone,
Which flows and as it flows forever shall
| flow on"
Finally, fellow. citizens, would provide that
on the day appointed for the election of the
Judges no other election shall be held. i would
have the people unexcited and unembar1assed
by party spirit Or political bias, i would have
! them come 10 the polls cooly and calmly to vote
for the man best qualified TO decide their rights,
| and if under such circumstances ihey be inca
pable of electing and re elscting their Judges
safely and iudiciously, the theory Of selt-govern-