Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-08


man or set OF men, will administer Justice, ably
and impartially, but, at the same time they
wish their judges to be, in the language OF his
excellency, our Lieutenant Governor, "amena-
ble to a practical responsibility; they desire
and demand that their Judges shall be RESPONSE
ole as we'll as Independent.
Another result of the life tenure of the judi
'cial Office is that if Judge should happen to be
originally incompetent or should become SO by
age or infirmity, the people cannot get rid Of
him, their only alternative is TO endure, with
long suffering and patience, until death shall re-
lieve them from the inhiction. Once seated
.apon the judicial bench, there he will remain,
until disposed by the grim monster, unless he
shall voluntarily resign, Which the most iHcoa-
petent judges ale the least likely 70 do, being
generally the wisest in their own conceit.
But, it may be said that under the old consti-
tnton Judge, who abuses his office, can be,e-
moved by Impeachment, one that is lncom-
potent Can be removed by the Governor, on the
address of two thirds of each house of the Gene
raj Assembly. This is true, and yet experience
has proved, that these remedies are utterly met
ficient. These provisions have been dead let
ter on the face of the constitution. These
modes of removal, being of violent character,
and calculated to inflict public and imbecile dis
grace upon the objects of them, individuals and
communities are universally disinclined to re-
oOlt W tHCM. OHiCso JuuSC 10 Sullty VI anu
grave official misdemeanors, the native generos-
ity of the people shrink from the harshness of
covering him and his family with public disgrace
for acts of negligence, the result, perhaps, of
habit, or for incompetence, which is not bis
fault, nature having made him what he is, and
therefore, the removal of judge, by either of
these compulsory proceedings, has come to be
regarded as an experiment not TO be thought of
or attempted in Kentucky. There may be
h. To
drop, quietly if they had All oppurtunity-to
whom they would gladly grant permission TO re-
tire from the bench, but whom they are unwil-
ling to drive from it, by proceedings wearing
the appearance of prosecution.
The new constitution proposes an eftectual
remedy for these evils in the limitation of the
tenure OF the judicial office to term of years.
Required to lay down their Offices periodically,
at the feet of the people, and to abide the YER
dict of the people upon their judicial conduct,
Judges would feel constantly sense of respon-
sibility to the community for the faithful dis
charge of the duties of their station And if
an incompetent or untaithul Judge should hap
pen to be placed upon the bench, instead Of his
being fastened upon the community for life,
there would be an opportunity to get rid of him,
at the end of his term. 1t would be we'll for
those, who decry the changes in the Judiciary
system, proposed in the new Constitution, to
reflect upon the value of this improvement
This extract depicts the euils Of the diff ten
ure or Good Bchar1or principle" so much ha1pec
upon by the Anti Reformers, in the strongest
colors and shows up the absurdity of their
views, in the most conclusive manner. We
have rarely read an argument on this subject, of
more strength. or which is couched i'll more ap-
propriate language. 1t is directly to the point
compact, and vigorous, that il will command res,
pect and appreciation from all unprecedented and
candid minds, we cannot doubt The init
.Reformers' themselves, if they examine it close
", will be forced to admit, that it presents well
considered views, with an ability rarely met
within the newspaper articles of the day.
The writer then proceeds to examine some
what in detail, the mode of appointing the
Judges, uuder the old Constitution of kenucky
states pretty fully his objections, to their appoint
ment by the Governor, and also his objections
to the mode represented by the "Aati-Re form
ers" That scheme. as now presented, is to
give the appointment to the members OF the Leg
islature resident within the several Circuits
the appontees to hold Office for life, or during
Good Behavior. A more absurd, mlschlevous
aud ridiculous scheme never was proposed, and
the very fact that such a scheme has been ser-
ously presented shows ''the straits, " to which the
Anti-Reform party are driven, in order to justify
themselves, in the effort to strip the people of
the power and patronage which leeitimately be
long to them, and which they alone, will right
fully and prudently exercise. The article clos
ses with the following just reflections, to which
the attention of all onr readers is invited.
For my part, i'll behalf of the legal profession
from which the Judges must be selected would
protest against this scheme | would protest
against this degradation of the Bar, at the feet
of such unto of unaedged politicians. What
lawyer, fit for judicial station, could find 1t Ill
his soul to cIinge before such clique, tor the
lonors of the Bench. No, if in the evening of
his legal career the wreath of judicial honor is
to be placed on his brow, he would wish that it
should be placed there, by the hands Of great, a
,nagnanimous and approaching people. If he IS
to be elevated to the Bench he Would assh it to be
By the spontaneous and ,uaboueht Su6rageS OF an
enlightened and approving constituency-tbe re'rard
of ahfe of professional toll, usefulness and integ-
rity-a fitting close 10 bright and suscesJulpro-
fessioaal career
will close these observations, upon the judi
ciary question, by the statement of few facts,
in favor of the system proposed in the new Con-
stitution-the election of the Judges by the PEG
pie, for term Of years. This is no longer an
untried or doubtful experiment Other States
have fully tested the system, and found it to Sc
cure an able, impartial and Independent judici-
ary. We have the testimony Of Judge Quitman
of Mississippi, that after an experience of thir-
teen years, it has been found to work unexcep-
tionably in that State. He assures us that, al
though he originally opposed it, he has found
all his apprehensons in regard to it, to be en-
tirely groundless, and that under it., "judicial
stations have been filled with as much, if moi,
more ability, learning and weight of character,
than formerly" He also assures us, that none
of those evil consequences, which some predict
would be its results if adopted in this State-the
introduction of party politics on the Bench, the
bias of judges in favor of their supporters and the
general prostitution of the judciary-have been
experienced here. The Mississippi "Sou,hron,'
leading Wing paper, in a recent article, on the
result of the late election Of judges in the State,
declares that party politics were not suffered to
be introduced that Wing judges were elected
in Democratic districts, and Democratic Judges
in Wing districts, and that the Bench in that
State, is eminenily distinguished, for ability,