Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-15
Reform.

10y, WIN regard 10 the election OF Circuit Judg-
es; and we odd that such men as Ro. Z. ScorT.
OF fauquler, ANDREW HUNTER, of jefferson, CT
:. FAULKNER, of Berkeley, JAMES Z. SrEwART:E
oi Morgan, A. ]. MARSHALL, of Fauquier, andS
1Rs L. SMITH, of Alexandria, are all in favor of
The term tenure of the Judges. The opinionss
OF such men, several of whom were Wing Elec
tors, are sufficient TO offset those of Niche ands
STUART, soUTHALL and ALEA R1yEs, who arr
advocates for the life tenure. What will tbatE
wonderful reform paper, the Stanton Spectator
think Of this
would elect the Circuit Judges by the peo-!
PIE, once but not oltener than once in ten wears
! might be content to allow the Judge W ben e-l
lected, TO remain upon the bench until he wass
sixty-tive, but would prefer them to be elected
TOT ten years and re-eligible as long as the PEG
pie are satisfied with them. | am satisfied tha'I
by such asystem we should have more efficients
Judges, and, strange as much an opinion NAV bel
to some, more independent Ju,lgfs-bv which,
mean, Judges acting and deciding more ex-s
cluslvely according TO the right and wrones
OF the case, unaffected by any partially, or pre-
JUDGE do not mean by this to assail the pre-
sent Judges. Take them dis whole and they
are very good Judges, and many of them would
do honor to any bench. would, if could, per /
petuate the existence and capacity of some OF!
them. But am thoroughly sick Of the life ten i
nre: 1t lmmortalzes drone, and confers indie
Fendence OF all responsibility. I would not vote
to- tor any officer, of any kind, with tenure TO
lie. am aware that many, very excellent 81
sensible men, shudder at the idea of an elective
Judiciary, from the apprehension that the Judges
Will be elected as political representatives are.
from party feeling and opinion-while others
seem 10 doubt at least whether the people are
qualified to elect Judges at the polls. confess
that DO not participate in the approximations OIL
the doubt. The people choose party represen.
tatlves, from party feelings and prejudice, andI
very often without regard 10 capacity or qualifi-l
cation, because the very thing they want is al
party representative; a man who will go with!
not strange they should. for the highest men in!
the land from the highest places inculcate the
necessity OF party ties, and party lines, and the
lowest in principle and capacity, take up tht
cry and re-echo it ; while most of the newsOa ]
per wrlrers are at necessarily. But this is mol
proof of the want OF capacity in the people tel
choose, but is the result Of. circumstances, andj
the belief that it is really right to vote for par
ty nominee, without regard to other cousdera-
tons. have heard upright and conscientious
men, members of the church, boastingly AVON
las II there were merit in i that they never pref
sumed to differ from their party. | never COULD
appreciate the sentiment, but I never doubted;
the honesty, or capacity of the man, who utter
ed it. Bnt this will not be the case when mem
come to elect Judges. The operations of theI
judgment seat affect the business, and the intel
rests OF every man, and every upright man
when he is about to vote for a Judge, will sci
lect the ablest, and most upright man he canE
get. Even the knave would be afraid to trust al
knave as his Judge. But if am mistaken ins
my opinion, shall we be worse off than we areE
now9 think not.
| am we'll aware that much is said about AMI
independent judiciary, when it is proposed toI
elect the Judges. But, with all the delerencej
TO the opinion of others, think the objection isl
misappied am as much in favor of an indie!
pendent Judiciary as any man. l ,co,sd haze mol
other. But by an independent Judiciary, un-.
dersand Judges whose term of office and sala ::
ry are fixed beyond any power Of change for the
term specified. Well, a Judge elected for tens
years, with fixed salary, falls as clearly Within
this category as Judge for life Indeed hej
will be more independent for all good purposes !
because he will be dependent upon nothing bull
his integrity and ability for continuance inl
office. As to putting a man wholly beyond:
the reach OF his own passions and vices, by lawE
or tenure, it is impossible. You must rely uponE
the nature of man, his education, and publicS
sentiment, involving fear Of disgrace and pun {
ishment,. to control them. And a Judge for lifeS
has better opportunity and more temptation toE
yield to his passions, and even his vices, thanE
one whose reelection will depend not upon serv
ing one man, or one party,o any power, but upors
the honesty, ability, industry and impartialityS
with which he performs the high duty of decid-E
ing between all men and all parties. The Just
Judge is an object OF veneration. The man who
expels his own passions, and sitting above thee
tempest OF passion around him, undismayed ex y
pounds the truth and the law staying power ands
shielding the innocent, can fall down before (
and almost worship, and so feels every one to-E
wards him the passionate pettfogger, theE
cringing coward, or the corrupt tool, is an OBJ I
.lect of universal scorn and detestalion. Yeti
how often have they been successfully impeach-E
ed Shall the evil be perpetuated
Again: AS to the influence of party Tt
can only operate in the selection of the Judge, (
Tor no man will ever get upon the Bench, who's
will be such fool as to calculate upon the cur
rent of party running in one direction for tenE
years, in any circuit of several counties, andE
unless he does thus calculate he will have nos
temptation to serve party. Then as to its infu-
ence in the selection. Do we not feel it now u
Is there man in the State green as not to adj
nit that the Legislature appoints Judges from
party considerations How snail we chanaeE
for the worse, then, in this respectl But it isl.
said that the Judge will feel the influence of al
vote for against him. If this be so, then even
ny member of the Legislature has made cor l
unpt Ju To- by voting against successful can
'elidate, and placed himself beyond the pale Of I
the law within the circuit of that Judge. DoesE
any one believe this ! But can any one seri-
ousl5 entertain this opinion without considerinaE
his species the viest on earh9 Judges com
nit perjury, disgrace the bench, and incur thess'
detestation of all good men, with the contempt
'of bad ones 10 crafty the petty spite engender-
ed by vote against him! God forbid that shouldS
such an opinion of my fellow man.-k
But if there be ground for it, then am clearly
right for it were bad enough to have such crea-
lures on the bench for day. Certainly they \
should not be put there for life.
THE CASE OF DIR. WEBSTER wife andE