Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-07-10


remedy we suggest. We propose that the people shall
deleuae the Judicial power for limited term only, to be
agreed upon by heInselyes-hat during that term the
JUDGE shall be independent but shall hold his office subject
IN snv and every restraint mandate of law which can be
anned IN the life tenure Judgeso that if he should be
came parayzed guilty Of any high crime or msdemean-
or he NAV be removed from office and another put in his
place Al the end of his term the Judge may be reelected
If he has nerrned his duties well 5e rejected if he has
NEGLECTED them This remedy is based upon the sound and
republican principle that il is not only the right but the
du of The people 10 dispense with agents when they
act for themselves. II is the dictate of common and
Of day experience that if man wishes his affairs to
prosper he must attend TO them hmse- he trusts them
wholly n sGenis he will become bankrupt in fortune Our
peope have been agent ridden since the foundation of the
government and The struggle of reform has been 10 wrest
power from the agents and confer IFS exercise upon the peo
nile and al every point they have been met substantially
with the motto of the Holy Alliance: "Beware!- the
people must be saved from themselves they their
worst enemies"
If the term tenure be adopted set of motives will be
brought to bear upon the Judiciary which will exat its
character and promote prompness courtesy sudousness
learning and increased mental ability in the Judge. Mo
lives are the great moral forces which govern mankind
and in looking the probable success of any scheme we
should consider all the motives which will, upon the ordl-
nary principles ohuman conduct operate those who
to carry it into effect 1t is obvious that sided view
consideration Of one set of motives only will misead the
Judgment Motives to purity are urged by our opponents
in favor Of their scheme, while motives corruption
pressed against ours The motives common 10 both schemes
d the peculiar motives 10 study, to pompness energy,
tn win th. rova and 10 avoid the censure OF just in
teirenl and viruous community which would operate
the term tenure Judge, forgotten kept out OF view.
Accountability to Godhe solemn obligations of the oath of
Office selRrespeci, love Of ame wish for the good
pniun Of ooc men, and devotion TO the duties of the
allied sstion-lhese incentives to duty and excellence will
surely operate the Judge well as the other Apart
from thke common motive however, reason suggests,
the one hand additional motives to effort the
Judge ind on the other constant tendency to naction
and Indifference the discharge Of duty in the life tenure
Judpe The latter would feel secure if he were toll
eraby attentive stuous and prompt and had very bad
habits and why? because he would be amenabe to the
pen,sf the people and not to The people themselves the
! forme cuuld not feel safe unless he Judges high
repuii,on for purity Of purpose correctness of department,
impafiaity learning, ability and The prompt despatch Of
business Security would tend TO benumb the energies
and sclvy of the one whilst every faculty of the oher
wou be kept alive and vigorous by the necessity of labor
In ills respect the Judge should be other are-de-
penG,nt upon his efforts and their remunerations-de
pencsnt upon the approval of those efforts by intelligent
and ruuus community and upon renewal, at stated in
iery;s its confidence in his capacity and integrity None
are Independent. There noprophc fed by the ra
uen of IIeGrcus! We all depend upon own efforts
and Gods blessing for II those efforts are in
the pathway OF duty the reward VIII however,
the are expended in violating the laws Of God they
will bring curse. The farmer depends upon his la
borand upon the rains of Heaven for his crops To
an abundant harvest he good seed in good ground he
cares for it and cultvates he does not plant cookie for
wheat and choose barren rocky places instead of smooth
rth soil In this way he feels assured, he shall reap if he
ia Mt not So it is with lawyer: To fortune he
must be studious industrious, upright and must have the
confidence of the community To succeed he must aspire
to the standard men have erected for the moral andnelec
ua ola great and good was the exam
pie Of Chapman johnson.
Place the Judge then in his oice-it is his farm, his
profession How shall he real its harvests2 How shall
he secure lis emolumens Shall he do this by fraud, by
forgetting his oath Office and its solemn Duties by court
ing rich and powerful and scornng the humble and poor
by scheming and canvassng for re election and fredng
at e's," by pevertng justice 10 selfish ends by yield
ing to hearts Of mob when good men bid him hold the
scales of justice steady and even by staining the pure
mine Of his office with the mire OF party? In the first
place. would the man himself-such man rs the people
would make Judge become corrupt rs to wish TO resort
TO these means to secure reelection and in the second
place. If he were become thus corrupt would the people.
h1 tdS, become aso and if not, and seeing that IS
upon HEX approval he must depend where would be his
empa ion 10 90 wrong Keep the people pure, inteIli-
sent al vO1s (and opponents concede that lie re
.1ecN Of the judge would make them otherwise and It
follows inevitably that The Judge would 10 reap the
good opinion Of the right minded and The upghttat hsS
SHANGHAI OIL Ut EOOu DcNVCtO
5e that which such people would require their Judge TO
reach fool enough $50 the wind" well knowing
long he would 'reap the whirlwnd" of popular rejection
imagine thOrny hedge 10 keep the Judge In
the path Of duty than The term tenure.
state of dependence is argued state Of slavery
and the inference is that judiciary elected for term OF
years would be dependent become ensaved, dega
ded and corrupted. Slavery accompanied by degradation
and corruption implies muster, harsh, low minded and
vicious. Who in this is the maste is the people
themselves and what is the argument? That the people
whose dearest interests require that the Judiciary should be
pure, efficient, impartial and earned-o whom the Judicial
~ indeed the balance wheel of their nsulons-he cta
del 10 which they may resort for prolecionthe very ark Of
their safe,y-woud after having built the ark apply the
torch TO iwoud after having erected the citadel begin ia
the Onndaions-would after having constructed the bal
wheel tear it 10 peceshat the people after having
appointed Judges to hold with strong and steady hands the
scales of justice that neither side should prepOndeate
though the Commonwealth were in side and the poor
rendless and alone, in the other, would begin
to play the yrant and attempt to en5aye those hey
had commanded be free and imparalo degrade those
they had exalted TO be pure and indebted There Is nc
ground for such arguments in the conduct OF repudlang
Misssspp-much less will they avail with Vrgnians who
have the temple Of religion still open-who keep the school
master in their mdst-whO sow the sacred principles Of
virtue and the seed of knowledge in the minds Of the young
who have not only the reverence of the law, made by
themselves but intelligent of the OF law, and
the courage and the will, fearessly TO enforce the pro-
! visions.
But some not venturng press such argument hf
people would not become corrupt sway corruPng nlu
the Judge but that the Judge would become corp
,rhout such influence and that gain his reelection Mos
suicidal argument! What is it? Why, that Judge il
in order propiae people who require HIM TO be pure
would be tempted TO become corrupt-who required him
be impartial would lean against the endless poor in favo
Of the rich and nhueual-whu require him 10 act fearless
w. to be withoui fear and without repoachwould be
tempted to crouch like coward before few individuals
an influential family or actious squad
| "To bend the supple hinges of the knee
That thrift might follow iawning'
Those who press such arguments ought TO know tina
such uoe 1T the end of his term if he dared for
vs. for rejection would de spurned with indignant scorI
| by the people.
In England, in 1850, by act of Parliament, The Judges