Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-08-09
For The Enquirer.
THE JUDICIARY mo. Ill

July, it was attempted TO be shown Messrs Editors th
the objections 10 the present working o constitution
in regard TO the Judiciary, might be remcded by measure
far short OF an election for term OF years by the people,
Ii is the purpose Of this No briefly 10 state the ground
upon which the friends of conservatism oppose that mod
oi eecng the judiciary and endeavor to show the ruin
Gus tendency n those schemes OF election. We say:
lst That under this system the services OF the ables
men could not he obtained.
I'd That il would be highly nconvenicnt for The people
elect their Judges elections should be- fixed for dit
rent time from the general elections; and fixed for h
same time the selection of Judges would be controlled by III
other elections.
Sd. That election for a Of years would be drcc
and tremendous blow al the independence o The Judiciary
and
4h. That its tendency would be undermine and
ally TO destroy the dignity anu purity OF the Judiciary
First We are told that the experience those State
which have tried this system s that in many cases. youn
OF 23 "a OF 10 be found upon the bench
who had practice the BAR and who were therefore
break large and profitable practices, and take offices
from which they liable to be elected after the cxpiratu,
of short Whether the fact he stated not,
consist with What LAWYER OF large practice oue
accept the office with the probability o. being turned out
he expiration ot his FIRST erm and competed o
Life a.feSh lns probability will, no doubt increase if III
peser, racasn is To prevail; for doubtless while
tie poitca doctrine OF rotation Office will bc applied
the judiciary; certainly parity of reasoning would show s
applicability But, perhaps ii is taking too much for grant
r to suppose that the selection Oi JUICES will always b,
made rom among the lawyers for what right have LAWYERS
moupo-e ne peoples 9fces even ii they be judcships
seriously disputed that there would be great diff
Guilty getting qualified for enl take the offices
unless the salaries largely increased This should 5
dome however the u elected but you may "tel
ra oons" that Virginia is going the saaries
poin which would justify any lawyer in rst-ratc prac-
(unless he has large private ioune in taxing uc,
not permanent Ii we look at The salaries which have been
!ways Paid we may regard such result as little short Of
miracle These remaiksapy with equa! force elections o
term of years, with without rc-ciigioity.
ID May not safely that the people very much
oed with The necessity Of eecing their State and fed
ral " makers We constantly hear complaints that the
voters will not To the neglect of their private affairs
/ y,Gli~ of t,n ff.n
.rumbrg II they are wearied now, what will they du
when they have elections in year. and those often
aree days sions For ii the election of judges set for
different tine from the general elections there must be two
instead OF one, when every body 20 the
pits where if there Is contest many stay until they
ne closed for the purpose of rallyng their ttis ard
auyng their opponents. But the other hand tie ccc-
,ions are all made the time experience teaches
there will be but ticket for all those the
side, and the whole must be endorsed Thus Will
doubt frequently happen that incompetent obnox-
Judge will be upon The strong ticket and able and
acceptable the ohe but the latter fail and the
other be triumphant though the latter be greatly pre-
erred BY the majority In neither Of these however
will the o. the people have anything 10 do witt, the
choice of Judge other officer the ticket will have
formed ty the wire puers and manages long before
opportunity has been given the people besown
/ thought upon the subject.
3D. The friends Of conservatism believe that the ndpen
cnce the judiciary is entirely consistent with lis respon
,h.liy and while they desire its independence PIE
served they willing TO its responsibility extended
much further than is found in practice extend under
present constitution They willing 10 see almost any
system adopted by which this responsibility for ncoipe-
rney misconduct may be secured, provided such caution
used in tramn. the stem, that the Judges be
subject dismissal from the sudden impulse or excitement
those who would seek 10 degrade them for acts which
though unacceptable to them, prompted by purity Of
purpose and enlightened Judgment. They not willing
to see the tenure of the judicial Office subject
whim and caprice, or mere personal preferences
Governor Giles in the last convention defined the ndean-
ience the Judiciary be- that when the JGd prononn
Judgment, he shall do il with the certainty that lie can
neither gain lose by his decision This definition OF
be received with the qualification that nc acts IN
good faith and that if he fails discharge his duties faith
fully land for that reason one ne is to be subject 10 reno
has the Independence OF the judiciary been regadt 50
long period as the vitay necessary safeguard SIM
DIV because all wise men, until the arrival OF this enl.ch
ed aye have fully understood the force OF the maS''h
oo eatou and have learnt by that knowledge that por
human nature is unco weak and little to be trusted our
fathers knew that interest was the most powerful eieel
Of human action and therefore, studied " separate inc per
sona advantage OF the Judge az far as possible from u
encc on his Judicial conduct. Depend upon It
.If SET the saverinC balance shake,
It's rarely right adjusted"
And this Is true even though the balance should be found
in the hands of Judge. We daily pray, or ought 10 90 So
Lord lead US rot into tempation, and should we IN dci-
ance of the princne involved in this drncy inspired pray
err place our Judges in the midst OF temptation ~
t TO themselves nen will generally do right for II /. rare
that any are wuntony wicked-it is only when
sails ,hem and supplies them with motive .or evi at
ihcy do evil Should then remove as tar as possible
everv motive Should not place our judges IN such
poson that if any Of them should happen to DC M
ure he would have no motive to act anss ana e I' ="
,rt would do so wantony \ Judge should not only pc
,ure but c should be like CHsars wiie-ahove siSIcio
His honor should not only be bright, but like soldier
sword it should have no breath upon H. .-.., :
Now to apply these principles lhc scheme proposcu Is
% elec, nd.es for Of ears BY the people suppose
the case of Judge whose reelection IS approaching lie
has before him involving the whole l"i.Ine 1
humble man. and the opponent of this humble individual Is
nan of large influence in the district one VINO can carry 10
the rolls an hundred The Judge IS likewise pooI
man. and the whole support OF wife ana heesS
Mo ,lacfiap
and otlv contested Now, not 10 suppose actual
IN tho dpe what would be the influence OF these nets ON
- n;ndP Would they probably aid INN IN orine9 us
.nd to n conclusion on doubtful question: iasoiu @ ~ ~
The strong sic1 Or il he were made ot such s,cn s' s
i, resist temptation ol such character, ana sh"u ue''
ohuy in favor oil the influential man, roaiI ne ' o @
,d But suppose lie were weak, or still worse, an I'M
,ure man. how would he act? The 4nes2n neea not y,
answered it bears is own answer win H. e. 'ne
~ imnne dre were independent hc would nave No molNt
IN d wrong and would therefore most p.ooaoy ac' fa.
But /, will be said that this an abstract ana an eA'r
asc and therefore proves nothing As 10 us ocns ~,
,rc, the dncKcs of courts viii sno" lt l"n.
pch cases exist Cases actwcen nl"H .! large poca "'
ersono influence ana who have III soe way incurred
hr cnn;ty of The public poo- and little ki'"h
Will his is strong case Though stronger than ':cs
y,ch sometimes occur ye SHOWS ae rrinciHe on "ni'
Ills affection rests, all the more clearly ahd whe !s cas-
,., moi frequently occur, many Others VIII Occur WIiCi
ne evil is ro. striking tn where it will be equally la
- the independcice o The Judiciary let every naG wl'
hll take The trouble read these lines, ask himself ut
rh no, be placed in such situation, anu IL So whe
vnnd be willing for Judge ny his case under snci
rcums,onces7 Whether he would prefer in such case
,dye elected ty the Legislature I'LL gwen age or jung
| Iecied by the people for term OF years!
But again YOU will not permit Juror 10 s IN d Gus.
where he is pecaiary interested in any way or 10 INC s
st amount And cautious you IN this par'icai III"
ION ye the right To either party in cause 10 caitn'
he Jurors or witness FOR apparently very ig causes.
ur iudncs now will try cases in which cy nave ne.
omns.I or in which they even remote relations Oh 'hr
nav he interested 10 the smallest amount And hey DO I'M
n only because they do wish 10 trust themselves o
they do not desire 70 act, even wen ihefe ray y
,he remotes suspicion that they act under BIAS surc
ye are ali proud of this sensitive decacy oi 'e aclry
Il proves that they appreciate the solemny Of me iane
hey discharge and that they are worthy OF thor posts
They well know thai knowledge of the stern unhenan!
equity of the law and confidence in its being
euuay 10 all makes the people aw-aoidng ana thal s.s
nicon of The contrary would make them DEFY hc aw an
conyert The present happy state Of things into system n
riots and mbs or this the recent unhappy Outrage IN w
sper il striking illustration How much more iFeaneh
would such ouagcs occur in state OF things, @lcEe me-
would 10 saw the least Of it, be better reason TO ssfcl III
ndoes of improper conduct or improper motives ana yc
with these principles undspntcd and rndlspnaoe we m
asked 10 pice our Judges in such situation as 1hal NJ
oncn,ly their salaries the whole support OF their wives l
lille ones may be dependant their decision In patc'
lar case cSsr OF cases , -, c.,a,,,,,
Rnt we are told that Ii judge were to act 'randucn'
10 nv 10 ACT 80 as Ia catch the popular favor tne peo
,nuld instantly dismiss him. Unqnestc-"bl II INC peoI