Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-06-24

and, therefore, they desire to give them chance
TO correct error. Kings, they say, ought to elect
Tor te--Legislatures may elect for HE, but the
people only Tor few years. My principle is,
that the people are entirely competent TO make
laws strong enough to govern all--high and low
strong and weak, and therefore have perfect
confidence that this responsibility can be secu-
red. The independence of the Judiciary of
every thing except the law, is, in my judgement
indispensable 10 the preservation of liberty
l. his is the teaching OF revolutionary wisdom
The Constitution OF the u S. and all the Con-
stltutlons OF all the States, until within the last
twenty years, sanctioned it, almost, or quite,
unanimously, and rallied around it as the palla-
dun OF freedom. Not one solitary individual,
OF all that band of revolutionary patriots, in
whose bosoms the pure spirit of'liberty burned so
brightly, ever questioned the doctrine of the good
behaviour tenure for the Judges, until Mr.. Jef1er-
sou, in 1916, wrote his letter to Mr.. Kerohival.
In that letter, Mr.. Jefferson admits, what no one
conversant with European history could contro-
vert, that the independent tenure of the Judici-
airy In monarchical governments is necessary
for the liberty of the subject; but then adds,
without word OF reason to prove it, that it is
different in republics where the peoEle rule
This error of great man has m;sled thousands
and no one can doubt that the experiments now
making of tenure for years, in MANY of the
States OF this Union, are founded solely on this
distinction OF MT jefferson, without difference
WHAT wall be the fate of The experiments, no
one yet certainly knows. Twenty years is day
IN lhe history OF nations. But even that brief
period has made Mississippi, whose authority is
quoted for Virginia, remarkable for reputation
and bloody broils UNPUBLISHED, which does not
suit the sober taste Of this region. But let
us look again at the social compact. The peo-
pie here occupy the place of the sovereign in
Europe. They, i'll their collective and soye-
reign capacity, have made a solemn contract
with each individual that in consideration of a
surrender OF power into their hands, they will
make arrangements for the protection of each
4 individual. They have framed constitution
detin ing and limiting The exercise of their pow
ers over individuals, and they have passed laws
! vesing certain rights in those individuals, Of
person and property. They have for the more
perfect security Of the citizen, provided that no
&c post taeto law shall be passed: and that no
vested right shall be taken away from the hum
blest citizen. They have thus voluntarily put
restraints on their sovereignty, and vested rights
in each individual. This constitution and these
laws are Just as binding OIL Ike sovereign peo-
pie as on the hunblest citizen. To make these
|eHectual, or OF any value i'll practice, Judges
must be appointed to interpret and enforce them
The question Is, what sort Of Judge should he
| w EplClJ llC OuSAt ~ pc independent Vi DOtl
parties to that compact which the very object oil
his appointment is, to interpret and enforce be-
tween the parties. II two farmers had contro.
yersy about their boundary, how would they like
to have the oyerseer or hireing of the other, who
could be sent adrilt at the end of any year by
his employer, to decide the dispute? Yet the
friends of the people are laboring to persuade
them that in contest between any of them g. the
government about right of life, liberty, or pro.
perty, vested in them by the sovereign power
OF the State, they ought to submit their right to
Judge who was dependant on that sovereign
power for his bread and meat and that Of his
family.
This is the day of internal Improvements
Vast projects are contemplated to
confer immense benefit on the people if properly
carried out. 1t is becoming fashionable for
counties, as such, 10 subscribe largely to them
The people are deeply interested iM thei! con-
struclion. Rockbridge and Augusta have sub
scribed to the Louisa Railroad and Valley Plank
road-other counties will follow suit. There
IS a perfect rush Tor the progress of these works
But the lands of individuals will have to be con.
demned Tor their occupation. The constilu.
ton says private property shall not be taken
tor public uses without just compensation. The
Judge must stand between the people and the
landholders aud say What Is just compensation
lhe people being part owners OF the " rk want
1t as low us possible. the land owners want it as
high. TAe people have the Judge in their pow.
er. is he that independent or impartial Judge
That the citizens ought to submit TO- 1t is mani
lest that controversies must occur Just as fire.
quently Ill republic as in monarchy be-
tween the citizens and soyereigns. 1t must
therefore, be Just as important to individual
rights that the Judge should be independent O
he sovereign III the one as in the other. Expe
renee has shown that there is no danger to civil
liberty from the independence of Judges who
are said truly TO have neither force nor will, bu
only judgement. The Judiciary is unlike the
| Legislature who hold the power and the govern
or who holds the sword Of the nation If Their
the independence Of the judiciary can do nc
harni, while proper responsibility is enforced
and their dependence renders them unsafe
custodiers OF popular rights, a wise people oueh
to decide in favor of an independent tenure, moi
because they have not RIGHT to make them in
DEPENDENT but because they have full right tc
either, and will do that which will best secure
the citizen
II is urged in favor OF the tenure for years. thai
me Judge by the hope of reelection at the enc
oil their term would be spurred on to do their du
fy more faithfully and promptly. This argu
ment involves an admission that seems 10 me
TO initiate, strongly against the plan. When q
person requires the intervention OF fear to make
MN perform his duty-that person must be al
least corrnptibie. Their whole argument done
into English then, is this ''The Judges will be
too pure to be corrupted by dependence on the
people, and yet so corrupt as to require such de-
pendence TO keep them in the line OF thei
plain duty"
have given you, feliow-citizens, fully ant
unreservedly: my views on the great and i'm
portant question of difference among the advo
Gates of reform. If err, am consoled with
the reflection that my error is IN common with
the earliest, the noblest, the best tried friends
popular liberty, and where in question of mere
authority, would rather pin my faith to the
sleeve OF the Revolution, torn, tattered ant
thread+bare as it was, than to the broadclolh OF
silken sleeve OF modern days
On the other subjects, believe there is no mate
rial difference of opinion between me ami others
ne County Court system ought TO be reformed
! and the justices 10 DE elected by the people,
/ II they shall exercise judicial function and re-