Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-07-23
tive; and that they simply deny the policy Of III,

4
"i ISice IN ta other, the line aud plume of the Law His
thoughts ms Judgments aud his acts must be weighed i'll
| one and directed BY The other
The propositions ihen that Judges should be elected for a
term ot years and thus be Immediately ard promptly res.
ponsoie 10 the people 80 tar as IL depends on this argument
s 10 the ground am Tar from thinking that judges should
be irresponsible; to While have never heard corrutton
IN al" oi our Judges should such arise
Gs S'a DC III mana impeachment under present laws
mas been thought by many be "nerc scarecrow' Ii
So let s"e other plan bc adopted which will cectual-
accomplish THIS purpose; but whatever be let il wei.
Guarded lest III times oi high excitement il should be Gbused
Let not rash and uncean hands have the power dc and
destroy e only cdlcc in which the weak may lie down.
secure against the power OF the songtc eiicc o Judi
cal independence.
Sd. will deny that the elections in the Legislature
have been often made in obedience party spirit and
patty discipline. But have been taught 10 believe that n,
feature o any system oi government should changed .
hess better be substituted its place. that no !n4l-
tuition should be- destroyed rid an evil existing in
unss another plan be devised in which The evil does
ne" exist More especially is this true OF institution
long standing. Now does any believe that elections 81
the Judiciary by the people, wond be free from party spirit
On the contrary iu know that party excitement j.
violent in proportion h, number under lis influence!
Party spirit exists IN the Legislature, small number as il
lsbt suppose the exciting questions submitted
10 Inc people mass think you there would as much
Guinness ni Judgment aud ropety Of conduct is 10 be
found in the Legislature! think noexceirenl in large
misses Is contagious and like physical heat lis tendency
Ia equal husion but unlike heat, II increases instead
diminishing, by expansion He who is violent makes
converts than he who is calm and thus when action
comes il is o'tcner the offspring of highly inaned p
dice or preference than OF calm, cool Judgment We ARE
noi likely then to get i canlcr and discrmiualin.
choice Of judges from the people than FROM the Legislature
ana II THIS be- 81 how in this point o view do better
ourselves by taking the election from the Legislature!
But have we not remedy the law stands for i'm
per elections by the c.-laturc The Legislature is tie
agent the people each particular delegate AGENT OF
his constituency Now, II IN agent misses his powers
what Is easier than IL cancel them Ii you. delegate
Tor Judges upon party considerations and you think such in
urnceS Should affect such elections why Go yyu not
elect another in his place Rest assured this reason the
rl one Tor your desire To deprive the Legislature
election o the judiciary you have in your hands remedy
much ana simpler than the proposed arr..i1 VI IN,
constitution Bu, :hs portion Of the SUBJECT has been
:uIy aud ably discussed by 'Onc ot the People" Ia
Gni:cr 18th inst, that shall attempt add thing
10 il.
lih II is said that supernnnna'cd and nfrm Judges
the bench who would be gotten rid Of by election
Tor term of years
If there be surperannua,ci Judges now upon the bench
they will leave il under the constitution, il thr APP
preaching convention introduce into that instrument the
provision is found in the constitution of lS3U
hc present Judges Of the Supreme Court Of Appeals vi the
General Court and ul the Superior Courts OF Chancrry
shall remain in office until the ormnlon Of the session ."
the first Legislature, elected under this constitution and
ongcr' Art V, Sec g. That tins section will oe intro
lnced no the new constitution, there is l!c doubt.
Il is certainly great evil that, when udges old
oa ntrm 10 work, they will not resign But beo!c con-
slider The bearing o this position ard the remedy Tor the
cy c"nf!int Of let ask the people, in all sincerity,
they not III fault, and should not bear Of the blame
IN i,StycS lon have elected 10 office gentlemen who
when yon elected them, wrrc vigorous in mind AMI body:
who for the sake oi the honor other causes perhaps
signed lucrative practices and rome upoa the bench ou
have loaded them with oncous duties which have beenincfels
; plri passa with thc Increase ut our wealth and popua
ion ni While their duties and abos have been thus incrcas
ng you have increased their salaries II is w, known
tie salaries judges barely sufficient to main
moderately size! families in the position which they
cupy iu Ill. and with large families tic idea o laying up
;.n. j. absolutely prcp"sternGs The only question
wi them i nov TO li.e Hence tnd that nearly all the
JUDGES of the General Court 'have iron in the fire.
ics their Offices and the judges oi the Court ri Appeals
h hardest worked and The poorest paid officers in the
crnnent Aud yet with the laes before your eve., that
men have spent Tie pnc o their lives and the yigor
u cir manhooi in your scrvcct,at they have endured
labor, and done eminent service III their day, ana
been adequately paid ior it-lhat they hlv.
climbed The steep Of lie loaded with heavy burdens, and
with amast nothing but empty homo. lo their reward you
think il strange, that when their eyes grow dim and their
knees weak and wncn they most need The salary hey enjoy
hev do ,tsen their o::cs and throw themselves
s, thu co!d charities o the world Far shame lls
is not a Virginia sentiment !, We both agree this is
evil. think the people are 10 blame Tor II. because tacy
pay the jaie,- siingily But is there remedy think
there is very plain Instead Of rlecng The Judiciary
for short ol years or for any term oi years let them
he elected until fixed age the arrival o which shall
iso acto yacae their commissions; but then To avoid III"
evils above referred TO, give them retiring pension il
pensions are odious 10 you pay them adequately 30 mat
they may lay by something for their declining years For
my part should gladly our circuit Judges reduced IN
number and paid 81 500 per amman, and the judges of the
Court of Appeals $4,000 giving o the President S50
ha 10 his associates Then might Judges retire grace
fully the designated age then would the bench he an OBJ
cct ambition every lawyer in tile State. the Court o
Appeals bench tu every circuit % anu ic Pitslthcv u
The Court of Appeals every Judge nf that court.
In this il will be said that the salary Is larse
cnou 10 attract competition, and why should II De IN
crclsed lesthcrc is competition but Is II always the irs
competition On the contrary, oncthird of those VII"
generally dcsire Iudeships, il they could et ten m io Tue
rosts And, i! hey were, is il proper principle :"
ut dgcsps mp the lowest bidder Or ought they not to
c put up 10 the highest bidder There would be compet
ton among tit only 10 be scrseans for the post oil gc-
ner if you placed 1t 80 low in poia oi hcnor and coiFeI
stion that generals would not nave IT, aad
would he wise because of ls compeltion Ia say Oh We
can gct enough take the office al It's present salary
Why raise il w contend that if IN office DC one requiring
the highest talents the salary ndncemcn 10 its a-
ceptancc should be sufficient ocomdnG tie highest talents
Wc know that this is always the now, for occa-
sionaly udgeshps going begging do not desire 10
misunderstood III the foregoing remarks; know full well
that have upon the bench OF Virginia some men ot com
mandns talents (and thank God know o none VINO ar,
not pure also have who not very eminent
urisS and think the salary were raised as nave lnd
cact there would be who not eminent Nest o
the Judges elected under the old regHl., any Of whom
have passed away though are here ye are or wee
men of ability Pendeton Roanc Tucker ana others nave
adorned our bench But il be remembered that when
they were elected the abors o the bench were not 50 .r'
as now, and the salaries were more ample support u'
they are now Nor do to deny that OF late years
there have been elections Of able men, but in many snc ca
ec their private fortunes are such rs 10 place ue aoo'e
endencc on their salaries and in others the proceeds from
their practice great the salaries o Tie 1seS
Bat il is said that no age can be fixed for the rctirl2 {"
ind from the bench; that while some decline early, olcH
retain their powers until an extreme old age rus IS n
c.tionably true extent and though we cannot N
4 pont which can say. "ftere az men ocSih !" ue
clirc vet We ay accomplish purpose III substance ana
fix point ut which most begin Ia decline And whl'
We may BY fixing this point (say IT The age ol 10 or ~ cn
81; still retain their powers we w ~ ts means
a least avoid the evil ol having sapeanna.ai judges ht'
than is by which thr fou:h objection 20 the ieseh
judiciary may be ob?iled Now nus De- So why
pursc more extreme measures! Why go in" excmcni'
which NAV lead 10 mischief! Why % beyond sufficient
remedy! Ii man had on his nose which annoyed
AMI dsgued him. inc wonld not cut oil his heac To get rc
of it, if lie could do So by cutting of his nose lon woHio
not take steps reach given point you could % -
by taking And now ask you do not eject inc juic,
~ fo Of years. by the people, 10 get rid ol an ev
which can be equally well remedcd by an election hy th
Legislature till certain age. ..,--- .....,
5h. We pointed rhc example OF those states J" III
have tried the election OF tie Judiciary Tor term of years
lie people and ,riumphany asked II does not w"r
we'll | confess am we'll informed as 10 no" the syS
ten, works in those States referred II Is enough Tor me
knov however that in those States jdss take me stump
ana that even the learned and eminent chlct justice Sak
o Mississippi PLAYS the fiddle in the canrass for the Judge
ship MOI long he opposed on account oI one o III
decisions which either dsasc!u 10, or thought not
he sound law by portion of the soreresns, and had To f
cnd that decision before the people IN the stump. Th
shows how this matter will some day work. Even now
the infancy of the system Judge has 10 prove to the peop
that decision he has made is sound lar; il is but ste
further to require of judges pledges 10 certain legal opiI
ons and tEen the law will change with every moon, or
as with every change in the strength of the parties
and con- any parcua. set of legal doctrines
/ hal t,lvo