Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-29

upon the happening of any event, which may
III his opinion require the action OF the Leglsla-
ture. But at such called or special session the
Legislature should be Limited to the very matter
submitted to them by the Executive and nothing
else. am also i'll favor Of limiting the sessions
OF the Legislature to a specific number Of days
VIII. OF the Judiciary am i'll favor OF
electing the Judges OF the Court of Appeals and
circuit court by the people for a term OF years
They should be re-eligibe as often as the people
may choose to Ie-elect them.
For the election Of Judges of the Court of
Appeals, the State should be divided into dis
tricts, as nearly as possible equal in population
There should be provision in the constitutions
declaring the Judges of both courts Ineligible TO
any other office, not judicial, within the gift of
the people, or of the Legislature during he time
for which they may have been elected and for
Two years thereafter. This restriction would
take away every Indictment for playing the
demagogue, upon the bench with the view of
gaining political preferment, Such restriction
would have the effect, TO etfectualy separate,
the judicial from the political offices of the
State.
1t is said by come if you elect the judges for a
term of years you thereby destroy the indepen
dence Of the Judiciary I cannot admit any
| such conclusion. With all due respect | would
suggest TO those who urge this objection against
the term tenure that perhaps they have failed to
note the distinction between an independent,
and an irresponsible tenure OF Judicial office.
understand that the term undergraduates of the
Judiciary to mean nothing more than this -
That the Judge is secure in the possession OF his
office for the full time for which lie may be elect
ed or appointed, and that his salary shall be
fixed and permanent, aud can neither be taken
or diminished during his continuance Office. Un-
der the present good behaviour or life tenure sys-
tenn he is irremoyabe unless for cause. But that
is only one element OF his independence and
it is the least important one; his means of liv-
neither can it be diminished during his term,
this is the chief corner stone of his independence
He is secure in the possession OF his Office and
its emolumens, only so long as he demeans him.
1 self WeN. Under the term tenure the Judge
would be in precisely the same situation, he
will hold his office to the full limit for which he
is elected and his salary will be fixed and I'M
changeabe during his term. But here lies the
point OF difference between a life tenure and a
term tenure Judge. A judge under the life ten
ure may be ever so incompetent, or negligent in
the discharge oil his duties. So long as he ode
m cans himself Well" So long as he refrains
from any act of oppression or corruption in the
course OF official duty, he is secure in the uGica
judgment no matter how frequently occurring
and howsoever injuriously those judgement;
may affect the fortunes, liberties or lives of the
community over whom he sits in Judgment =
No one but an Inquisitor would inact pains ant
penalties upon an officer for a mere error il
judgment. No man can be Justly punished b,
any human tribunal for DIT feet OF understand
ing for the i'll exercise of his reasoning powers
Thus an incompetent Judge under our presen
system may for half century, curse the country
with his blunders and there is no remedy Sucf
a Judge is not only independent, but he is more
he is irresponsible. The Judge elected for ;
term OF years is just as independent as the lift
tenure Judge: BY holding his Office Tor a tern
of years, you do not render him less independ
dent, you only render him responsible at statet
periods, and # he prove incompetent to the dis
charge of his official duties, You can remove
him at the end of his term, if he prove compe
tent he can be reelected Some seem to thinl
nothing short of the life tenure can secure tn,
independence OF the judiciary, and the 81 ade
of great names are invoked in yindication of tn.
life tenure principle: Without intending to de
tract in the slightest degree, from the Just fam,
of our glorious ancestry, we may be permitrt
20 exercise little Of that freedom OF thought ant
Independence of action toI which then, in thei
day and generation, were so prominently dis
tin2uished. Our revolutionary fail els set then,
seltes up against the abuses existing in their day
they reformed aye and lore up by the roots ex
listing institutions which they felt 10 be op3res
sions. Errors in the theory of government
'stho' hoary with the flosts of centuries they
took boldly by the beard, and in spite of al
| the croakings OF conservatism and the bitter de
nunciations Of insolent officials, and their ser
vile dependents and tools, unawed by the brist
ling bayonets OF a hirehng soldiery, they tore
those idols from their lofty pedestals anc
tramped them in the dust, They were the
''demaeogues" of that day-they Judged 70
themselves of what reforms We're then necessary
suited to the times i'll which they lived and act
ed. The advocates Of seiorm at this day, DIT
no more than this.
The great essential principles of Republican
liberty which our fathers established and be
queathed to us, we still revere. In the glorious
temple of freedom which they built, and conse
Grated with their blood, we still worship, we
would no, destroy a single pillar, Or remove ;
single Stone from the coping of the noble edifce
All that we propose, is 10 drive out those VIII,
''have made it place of merchandise and t,
overthrow the tables Of the money changers >
"Opr offence hath this extent; no more"
/ have thus hastily thrown together my view
upon the great questions of reform now agitatins
this good old commonwealth from centre to cir
cumterence. The views herein advanced are
my own, the result of mature deiberation, ant
some experience acquired from witnessing the
operation OF like principles in many of our siste
States. ! have pinned my faith TO no mans
sleeve, Nor have trimmed my sails or shap
ed my course with the view of winning tn,
popular applause, The sentiments herein ex
pressed both my Judgment and my heart ap
prove, and would again, as heretofore boldl,
avow, and maintain them though stood alon,,
their only advocate. 1t may be that many o
the Reforms demanded by the people may b'
strangled in the Convention by the efforts O
those who are interested in The existing abuses
yet the ultimate triumph of the principles of tn,
reiormets, Is as certain, as that right and t5utl
will Ill the end always triumph over wrong ant
error; The enemies of Reform may denounc,
It's advocates as 'demagoghes', agiatots and il
people" But the ball is rolling onward ncreas
inc i'll size, and acquiring accelerated veiocit,