Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-08-05

pecally at that period Of life, has hard work 10
ever reclaim it the Judge ought il possible: TO
be the best lawyer at the bar over which he pre-
sides weak Judge is necessarily too much
under the control of the best lawyers, having
insufficient resources OF his own, he must rely
upon those Of others. | would also give to the
Cont an intelligent and enlightened Jury, which
would be a great relief to the responsibility OF
the Judge. The Jury trial being an essential
part of our Judicial plan, and being hope like
ly to continue SO. lis present gross detects ca
as loud for reform as anything else, and al
though such reform comes clearly within the
competency Of the ordinary Legislature, yet as
Fast experience has proven that they are un-
willing to afford such a remedy, the Convention
ought either 10 do so or compel the Legislature
to do so.
The only objection to the term tenure is that
ii would expose the Judges to popular displeasure
in the performance of their duties, so as to make
them swerve in cases of great excitement from
their duty. This Objection, if it is entitled to
any thing like the weight that is attached to It,
would be all insuperahle objection 10 its adop-
ton. For readily admit, that no Judicial sys-
tenn ought TO be adopted that don't secure as far
as practicable an impartial administration OF
Justice, that does not enable the humbest and
the loftiest citizens 10 walk into its forums
with equal confidence. That Goes not pro-
claim TO all subject to its authority, to use the
language of an English writer: "That none are so
high as to be above its power, none 10 low as
beneath It's protection" To appreciate the
force of this objection it will be necessary fur
ther to analyze the duties of Judge TO see
what they are, and particularly that portion Of
them which are the most likely to make them
obnoxious to public displeasure. For it must be
admitted that The expounding and execution Of
the law are the points Of sensitive contact be-
tween the government and its citizens, and Ju-
dicial officers ought not 10 be exposed to public
wrath.
According to our system, the Jury in civil
cases decide all the facts of the case, and in
criminal cases, they have the right to decide
| both the law and the facts, or in other words.
render general verdict of guilty or not guilty.
The Judge has only, even in civil casts, the
| right to decide such questions of law AS arise in
the progress of the cause, and he is only bound
TO decide such questions of law as arise in the
progress OF the cause, and he is only bound to
decide such as are applicable to the issue, and
which are raised ny the parties and submitted
to him. And in every case, and particularly all
ChaHcery cases OF Importance, either from the
amount involved or the nature of the case, the
PARTY dissatisfied with his decision, has the ALSO
lutte right TO appeal to higher tribunal.
Now without pretending to ex: ct accuracy, il
may be safely affirmed that a great ma jority of
the cases that come OIL the docket OF The Courts
are not settled by the Judge at all, they are set
tied i'll some other way. OF those that are li-
gated, a majority of the unjmpor'ant ones are
decided by the jury without any interposition
of the Judge at all, and of course the decision OF
them cannot subject him to any displeasure !;
! 4 of 3h,,tn va 10 tha
decision is frequently Of SO little importance,
that it has little or no weight on the final result
where ii is if it eXcltes the resentment of one Of
the parties, it conciates the favor of the other,
certainly the decision OF those unmportant causes
are not likely to arouse that general feeling OF
resentment amongst relations and connexions
against the Judge, which some gentlemen so
much deprecate
II the case is Of considerable Importance, as
the right Of appeal would always exist both in
civil and chancery causes: certainly men
would not be so unreasonable as 10 lmpugn the
motives of the Judge, for deciding any point
that might arise in the progress of cause,
when the Judge must know that such decision,
if erroneous, must almost certainly be exposed
to the rigid scrutiny Of a higher tribunal 1t
would be certainly the greatest folly, to say no.
thing worse for Judge to decide case wrong
with view to popularity, when he knows the
case is likely to come back with the wrong ex-
posed, by an Appellate Court. But after all,
amongst all the litigants W no will go before any
Judge during the term for which he is elected,
they will hardly constitute one-haf if one-third
of the voters of the District. Certainly, it may
be predicted that those that will have any pre-
text for considering the act of the Judge as spe-
cialy injurious TO them, will not constitute one
tenth part of the voters. The great mass will
be perfectly impartial, 30 far as Judicial acts are
concerned, and they will be deeply interested
in sustaining an upright and a competent Judge.
| Will they be disposed to lend themselves in so
important a matter to crafty the malice of dis
appointed litigants, especially when they must
know the cause of their displeasure. have no
apprehension of any great danger in such cases.
With regard to cases involving Constitutional
questions, or in other words, when the ordinary
Legislation is alleged not to have kept itself with
in those limits which the people in their Consti-
tuition have prescribed whether those limits be
prescribed by the State OF Federal Government
for instance, the attempt to take private property
for public uses without just compensation, or to
pass laws Masking acts unlawful and criminal after
the acts were done, and which were lawful when
done, or when the Legislature would pass laws
imparing the obligation of contracts; such as the
relief laws which the Kentucky Legislature pass
ed some years ago, by which every debt in the
State was virtually cancelled. When such laws
as these are passed and when the Tribunals OF
the Country are called upon to pass upon the va
dity of such laws, passed as they must have been
with the sanction of the people, and when these
! tribunals periodically subject to the ordeal Of
the same people, would make the duration o.
their tenure longer from the lowest to the highest
than if they had only the ordinary Judicial Func
tions to perierm and no organic law to interpret
And as the Court of Appeals is not more created
for preventing injustice in individual cases, thar
for the purpose of giving uniformity and consist
ency to the laws of the State, and binding by its
decisions and authority all iateror tribunals,
would make its tenure longer than any, and cleo
the Judges in rotation, as to put majority o
the Court beyond even the power Of majority o