Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-01-16
WEDNESDAY, JANUARY JIG, 1850
REFORM.

covernment to conduct Its various operations '9'J
many Of them are so entirely subservient and SUD-
,diary in the nature of their duties, to other ana
,b;gber fnnctionaries and their functions, that no
ye,son whatever could be given for therelectlon by
the people, but the single one, thatthe people nave
tbe RIGHT to elect them. If this be conclusive ar
Oument, consistency would justify it not require
resort at once to a pure democracy, under which
system, the people could assemble periodically IN
,bsr several counties or districts, then and there to
make laws, administer justice aud execute to the
full extent their own sovereign will and pleasure
Rnt this is not deemed convenient, and therefore.
tho ARGUMENT is not sound. Taking it for granted
tbsn. that the minor offices could be more suitably
filled BY the bodies or functionaries they immedi'
,,elv subserve, we shall conhne our attention to
those Of higher grade, and about which there IS
greater diversity ofoplnlon.
The Judiciary Of the State being already marked
out a. the great battle field fora Convention when
ever il NAV assemble, we shall limit ourselves stiii
further on the present occasion, to its officers and
:, the first place, to those connected with the high
or Courts-reserying the County Court for separate
consideration hereafter. The subject is not onlyln
ts,estino. hut momentous and vital Embracing, as
the Judiciary Does adudications upon all our rights
Of person and propery-ofreputatlon,o liberty and
liH-t should be the most perfect department IN
.rr Government. as i, is the most delicate and DIFF
fcult Of adjustment
There are some features 10 the law making and
the iudicial departments Of the government which
il is necessary to contrast, r the purpose OF aiding
in tho discussion of the question-who should ap-
point the officers Of Justice? Legislation in pop
lar government, necessarily reflects the popular will,
and its great features will usually accord with the
reoplss views Of their interests. Judicial decisions,
on the contrary have no reference, or Oughtto have
none 10 public opinion but to the law and the les
tinony, to right, justice and good conscience When
one takes his seat in our legislative eOuOcs, II is
understood, that he will fairly represent the views
and interests of his constituents in all practical leg
islation. When one, on the contrary, seats him.
self on the bench he becomes the representative ut
Justice, not to reflect preconceiyed opinions from any
quarter, but to do right, according to the best oil his
skill and Judgment. The legislator acts upon no.
mogeneous constituency, with unity of rights and
interests. The Judge deals with dseordant and
con,ending parties, one-half Of whom are right and
the other wrong, and therefore without majority o.
rinions TO govern him, or harmonizing views to
guide him.
We. the people disclaim the right Of instruction
with regard 10 the judiciary, because, whatever rea-
sons may sustain the right when great questions OF
State pocy are pending before the Legislature, the
absurdi,y of instractng the judgment Of the Judge,
upon question of law, or his conscience, upon
question of equity, is freely admitted. There Is
, nont. however, in the Judiciary System, where
the popular voice is heard with proprey and effect
and hundred times mole effectively than IN any
o,bor conceivable way. 1t is the great AngloSaXon
institution OF Jures Here the people speak d.
1sctly freely and independently upon The highest and
most sacred rights of their felOwcitizens, untram-
melled by Judges or Justices. 1t IS manifest from
this conrasto Of the duties and position Of Legislators
and Judqes of the Courts, tina: the reasons which
require the election by the people Of the first, fail IN
most important particulars Of application TO the Sc
cond.
It's no part of these remarks to deny the exls-
lance of defects in the Judiciary Of this State The
uent of the argument is, whether the proper RENE
dv he the election of its various officers directly oy
the people. Are there TO aPprshensions, IN TINS O.
vent, that the mind Of the Judge, like the mind OF
the Legislator, should be swayed by his sympahes
for those who clothed him with the robes Of office
No fears, that in looking over the Docket the names
Of some Plaintiffs or Defendants should be found
a his warm friends, or bitter opposers IN the can
v,ss for the Bench This would be so, necessarily,
and the temptation to poor human nature, would
hardly fail of bias unfavorable to Justice.
What the people seek, is an improvement in the
administration of justice. This, they have not only
the but strong reasons for demanding
The delays in our Courts Of Justice, especially the
highest, have become Proverb BY many, the
,amen,ation of a sutton in Persian Court, may be
taken mp with propriety-when he heard The officer
announce, "Selim never sleeps while injustice tn
pmnhsr-but. said the worn and waiting complain
ant. "Aias perish under load Of justice u lhe
;ntricaces and iechncs,ies Of our Judicial proceed
;nge present another cause Of complaint. All
these admit OF remedy by modification OF the Ju-
dietary, aud simplifying the pieadings both IN ''w
and chancery, or by reducing them to the same
forms as suggested in the late Message OF Governor
CRrrESpEN Beyond this. 50 far as relates to The
Superior Courts, the great body Of the people are
no, prepared to go. They are not ambitious for the
exercise Of naked rights, for the mere pleasure oil
exercising them, but look carefully to the results OF
their action. In what has been said, however, Of
reducing our legal proceedings To simplicity, we
vould be understood as speaking with modesty-
These. we are aware, unlike quack medicines, re-
ouirs something more than plain specification ho,0
10 take.
There are those, however, who contend for the
doctrine of rotation il office, and quick rotation, that
the emoluments thereof may be distributed through
- hands ,s NAV he. and in as short time as