Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-07-17
ComMUNICATIoNs.

Like most of my neighbours have given some reflection to
that branch Of government which the judiciary
and the more reflect upon the better AIN satisfied Of
he difficulties inherent in The subject and The importance Of
&weghng well the changes suggested. When turn my
attention TO the of The Judges office strikes
Ia remarkable and significant fact that in England and this
Hcouny where the only really free governments earth
hare to be found until within the last twenty years the
Idea judiciary elective for term of years has been uni
@versay repudiaed and stable Judiciary, irreovabe for
any other causes than specified charges in the form of an
has been considered the greatest safeguard Of
Husce and liberty. An independent judiciary, this has
@been termed has been the theme commentator if not
Exaggerated praise from the very foundation Of government
Land for century BEFORE very late period; and poets
Hand orators and political philosophers have We'd with one
Eanother in recommending to the sacred keeping Of free
Epeope That feature engafted by pure and liber
y loving ancestors in the Constitution of the United States
where still remains, and in all the Constitutions Of the
Mold thirteen States, and found its way into the Constltu
on of every successive State admitted into the Union
with the exception Of one Of very recent date We
were well pleased with it and looked upon great po-
cal secret which people understood could appreciate
Hexcept Eaglishmen their American descendants. Or
Hate years, however, great delays have occurred in The adj
administration OF justice. Delay and its consequent ncOn
Eyenence and expense has been and just of
compant, and the disposition of many to lay the fault at
he door of the Judges But they have been charged with
nohing more serious than this, and certain it is, they have
escaped tho impuation OF corruption in office. The life, or
behavior tenure, was secure
Hmpara administration of JUSTICE and without doubt has
succeeded as far practicable such object
and the question is whether without the Judges would
nU become corrupt and PARTIAL any rate suspeced
Gilt is said not because the term tenure has been tried IN
Msssspp and has there been in operation for twenty years
Eand gven entire satisfaction. Whether that satisfaction is
by any means universal have moi the ascertain
ng from the letters of two three politicians But assu
Hing that it is twenty years experience of judicial SYSTEM
Yin and sparcey populated country an exceedingly
no
Hpeope, and much less old country where the nnu
Hence oarge family connection long established residence
His felt as it is here II is known that the population of the
ESouhern and Western States is the most mutable in ie
word consequence OF The constant ingress Of strangers
rom every quarter of the globe and the egess of those w
Mare there 10 other and States. Such thing any
Zone family any of families constituting there very
considerable portion Of the population Of any county u
Eknown Offence given TO two or three individuals stops
@with them and does vibrate through half the commun
Bly, The same remarks apply to the other Western STATES
(which have adopted the term within few years.
past and they hardly be cited proof Of the virtue of
Ethe system.
But told this system has been in operation in some
of the Northern States fur several years and the testimony
of MIR. Dickinson Of New York; is greatly relied upon to
Hshow that improper influence need be apprehended e
Tells he had the Judge resist of the strongest
popular currents he had witnessed confess these are
not the occasions when should fear most danger can
EnOt doubt under such circumstances he refers TO, md
men but majority Of men thus situated would be likely
independently because every eye is upon them be
Because the Judge feels that the rage of the people Direct
assaut upon him designed to make him and # il sue
eeds after the first transport OF feeling has passed away he
w merit and receive their contempt. Therefore he nerves.
Ehmsef prove the world that he is equal 10 the
Vision. Like the poor criminal who brought out before he
Mmultitude 10 be executed he knows it is expected he will
forth pale, trembling and unnamed and !ha! very
Expectation by stimulating his pride arouses all his energies
nd his very desperation impars courage which cool re-
affection would never supply.
"a should most fear the influence exered upon the Judge
ordinary occasions, and above all in the solitude Of his
sudy and in the exercise of his Chancery jurisdiction The
chancellor opens his papers and behodng the parties TO
ut sees stranger living in another Sale or an obscufe
person living in his another County, the sde
land on the other long list Of the best known persons
Vim the County, extensively connected and exorlng wide
nuence Some Of these individuals perhaps were active
ends of his in procuring his election and stand ready to
gve him again their powerful support if he shall please
&ihem Who doubt the effect of such upon poor
faibe The Judges election perhaps just al hand
he is poor his family is and wholly dependent
his exerions. If he loses his office he has clients to fall
Eback Uponthey have long since been transferred to other
Ecounse and starvation and want him in the face
Can he resist such appeal to compromise his honest and
ndependen opinions when the possibility odetecon seems
&So remote!
But we are told, he dare not depart from the line of his
Eduy when all the people watching him with their Ar
eyes wien aclS he De ulSCuV
red and exposed 10 the very evil he sought TO avoid All
Ehis assuming what is not true, that the people are ac
quanted with the facts the record acquainted with the
and the assigned by the Judge for his opinions
Withou this knowledge surely would contend that
the people were capable Of rendering just Judgment
indeed there those who think the voice OF the peo
is the voice of God and that by species Of magic the
Epeope detect corruption without the aid Of those lights
(which necessary disclose it TO individual men. Adj
Uniting however, what is necessary give any force TO
1.-THE decision of the people, that they know all the facts of
Hhe before the Judge and not little Of the law, then
1--WE suppose the Judge exceedingly foolish if he would
Hgo astray in papable to justify against him
uspicion Of corruption. well known there are numer
cases. perhaps five out Of sx where the whole case,
Or important fractions Of it, admits of two opinions These
Hare where the parties believe themselves right and
where they are likely take offence If decision is had
Magans hem If the question involved be Of law what
a vast multitude OF there where persons may hon
Hesty differ in the construction of laws where the autor
ties conflicting and where the probability is, devel
Hped by experience that in the highest Court compost
Med of our abest men, at least out Of five will be found
EdSsentng from the balance of his brethren Can be pos
sbe in case of that 10 ascbe and much less 10 estab
Mlsh corruption against Judge? VIII any one advocate
5tbe folly that the people would know 1t inluvey? If
Hhey could not then in that whole class oil cases The weak
Wand endless at the mercy of corrupt and selfish
Judge. Will be said eXaggerate the number OF cases
E3where their intrinsic merit and just legal Interpretation
zwoud not be certainly known by the peope2 Then, of
couse, their number is small the difficulty of detecting
1.-THE Judge greatly increased for if they numerous
and his decisions ndiscreey often rendered for
strong, this would at least furnish ground convict him
Ron probable suspicion. But The evil would not be small
Zone if not of every days occurrence. The
wdow, the orphan the unknown stranger would be but
tte comored by the consideration that large majority
of the in Court conscenousy decided when
theirs not and when they crushed 10 promote
selfish ends of the Judge. Nor would be any alev
cation of their pain that their little all was below the jurs
dclon Of an appellate Court and no appeal was left them
Again, the case may depend upon facts. How difficult
His it 10 elicit truth from great mass oconc!ng evidence,
and how impossible for the people to know if they
Enthusiastically possessed of these facts that the Judge
arrived at his conclusions corrupyyet how easily and
NATURALLY might he do perhaps almost imperceptby TO
Ehmsef when his interest was De thereby promoted q