Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-08-20

~, a. s.-rt proper Judge, or, the corrupng influence
Produced upon the Judge BY passing through popular can
. ar from, b ;h of these These objections LEAF
- the same result viz that there ought To be no election by
M eop; or they prove, what contend for, that the judg
o be elected for limited tcrni and be re eligible; for
m nr,r election will 50 corrupt the Judge that he vii
c. causes by reference TO the attitude 10 which the par
Tics held To him. as whether they voted for him or aguinst him
il is very clear that he ought not to be co'ed WIN the pow
or f soen snn This corruption long as he lives,
reco,,ect an opponent The people, therefore, according Il
is aroument ought TO be allowed to eject JUDGE
thcy should have the opportunity 10 Lepuas ms h
rniun him out, The real question, therefore, - wie,o
hn ,,np, are fin To elect their own ludgcsf Wen really
link hat admits Of very little discussion eslecaly w
the question: properly stated - whether 'hey are d
IL. u,nurrs of the Legislature whom they ciec ana ctc
i,nut for moment having reference 10 their qualities
make or select Judges shall assume that majority OF III
mcn,lc are yrtiou. because believe IL and presume n
one will affirm the contrary. If they were no mere w"l
h. n, law h punish vice. Ii they are vruols then, VII
they ever elect corrupt man I" oe l"ds he' are up
pri sd Of his corruption! The enquiry, therefore, "hee
Inc naoe are III Ia elect their Judges IS simply an en-
nr whether The minority Of them Is corrupt or not In
n,rity can that question: ana To them eas
H. Have the people sufficient capacity IN other respects
l.cr thcir own ridges the remaining enquiry And
confess this is 10 almost ludicrous enquiry when tn
nroposcd substitute o the people representative chosei
he those very people who thought not to oe nj 10 choose
'ml,a me representative thus chosen BY the people is
III nerson 10 elect nudge ar he is not he Is 1T person
yhy i. To he supposed that the people, who elected him
viii moi elect fiji ludgc! and ii he is not hi person. shout
Ne therefore be entrusted with the power n elecIns! /;
there better chance al obtaining good Judge IRON bad
representative than there from the great body o the PEG
r ,ru,h j. that the nudge no matter by whom elected is
because ri the reputation he has esab
i.h,1 for learning ani ability lawyer and the people
u stand wha considered the best lawyer IN circuit a
well as any Judge does Ii they did not you would not nc
the abest man always getting the largest practice IN dill
cu eases cannot understand why The people who M,
deemed competent elect members OF The House OF Dele
,,rs Storr Senare Congress- and President and Vice Pre-
srni ri the United tales are not nj Also To elect circuit
ridges II il said he announcement for Them, and III.
prooi adiccd is the people will not attend elections al
oversecrs Of thc poor With all Difference submit that h'
Illustration proves much and therefore proves notn"
equally proves that The people VIII not attend any oth'
election tina; they will not attend an election al Judges
II will equally well prove that they will not attend the cleo
lions of members of The Legislature and vi Congress- or al
President of the United States. And am sure need NJ"
s,v word i'm this Congressional or Senatorial District, oI
in this city, prove that they do attend such elections
One might as well argue that man will not work Tor a
dollar day. because he refused 10 work for mp; or law
yer would take 100 dollar fee because he refused fifteen
-hi!linas. -
ut il is said that the trrn and the reelection will
DESTROY the independence a the Judge, and least You must
sn,rrr him 10 quarantine after election So far am
from concurring IN this sentiment that attach much more
Importance Ia short term and The reelection than de-
The manner of The appointment; and would prefer there
fore Judge elected Tor ten years by the legislature IN onr
elected by the people for life short term compared with
life, and rcrgiby the great securities for efficiency
ability and Independence which is dependence upon ability
baton Tor work we'll done, with courageous integrlty and
fear the Just Indignation OF all good men, for meanncss
The lriver and Tie knaye will skulk from the hazards
Of a reelection, he would from the sound Of the lash,
while the st Judge will stand erect and court the hero
does the chance battle, which will establish his claim Ia
command and give his name 10 glorious history.
A experience is the best teacher Upon all subjects and
this question o great importance determined Ia test my
opinions by the experience o The other States OF this
con.rderacy and with The aid Of my friend Mr.. Mason, OF
the Senate Of the United States, (whose aid acknowledge
with plcasurc) | have complied the annexed table, from
which you will that there but eight States whose
Judges elected Tor short terms; and one Of these
MARYLAND is about change 10 election by the people
for short terms That eleven Of them elect by the peo
pr and Louisiana who elects for short term is also
about change election 10y the people; that when
those changes made the people will elect in thirteen out
Of the thirty and in wentyree ont OF thirty the
udlra will bsa short not greater than that which
propose Do You believe that all these States cursed
with corrupt dependent Judiciary VIII any lawyer,
csncrialc affirm it, with The knowledge of the fact which
,y all possess mean the lawyers thar the decisions OF the
courts of least of them New York. stand higher in
all your courts than the decisions Of your own courts whose
lnines are nos clcccd for life (.
u what benefit Is this everlasting Judicial term II the de-
cisons thu who ENJOY it, stand higher than those
Judges elected for short term? The answer must
none Not with the evil however. Lei m ncompe-
tcni lazy rcrannuaied nudge got upon III" bench III Viz
ani sad h. draws his saar" while h. nrslects his duties
gr,ss away the rights and property ~ !hc people care
les unconscious the mischief hc n.iic:S lei The people
snrr ~ thcy Oi this abuse the enemy, open,
sgi~ed, uncomprnnisng let the consequences 10 my
SIT hc what they may. Nor il this the only abuse OF The
present s,sic,r Your Judges now under the lncrnnable
tenure haven power Of petty tyranny aud oppression, and
corresponding .avoriiism, winch SHOULD he allowed Ia no
and which may be exercised with IMMUNITY. be-
st .,-el amount 20 an im1racllatle
it nee though il may be- cvois and oppressive. Ii they
were really upon their good behaviour, their passions aud
,lc.g prcliIces would be better disciplined.
l,u j. aid TINT The Judge, will decide in favor OF those
wno ot1d r hcnaEd against ;losc who voted against Ien
this b. true, then The people utterly corrupt and the
country the II, must BE- remarked toy every
man such shameless and open prpgacy this argu
ucnt supposcs be practlced with mpunlty III
any community, unless that community he So corrupt AZ Ia
approve least tolerate H. But degraded and corrupt
the pcGpr must be 10 tolerate such wee argument when
am ransicrng s:prOscs still greater degree o depriv
IL in ticm for suppnSes thai hr Jadge will decide thus
crrunrlv in order 10 obtain favor with his friends or
least at liz will be rccecedby The people after liz has thus
decided. dissent utterly from this whole view II did
nod and believed that any Judge who decided causes
fur!y would be tolerated in Virginia, would openly re-
the heresy o popular government and pray That
some pure and hoy by dric right, king, would take pos
session at aud protect us from ourselves and our own
vicas and leave Others profound than 10 devise
some plan by which king and his minons would he pro-
tecei their own vices. "Who would hold captain
Browne God knows, but have notion that the vices OF
the king would NJ las, be- curbed punished by the people
these vicious people who would tolerate or re-eect,
Judges who decide causes corrupy; and yet that would be
stran.. anomaly. But il is anomaly Than 10
say t.rl The people BE- trusted select their
own Judges IT., :hor representatives chosen by them
may be irused. Bat il this principle, that man who
is elected Judge by the people viii decide Tor his
friends and against his enemies, be true To the Judges II
be equally true 10 the members of the egsa-
lure and of Congress and the work of corruption is not
but has been IN progress from Tile FOUNDATION
Of the government. Now appeal you my conntrymen,
saw whether believe that every member Of The lees
litrr anu every member III Congress yon voted for
wns corrupt that they did would vote against the
truth and right, The public veal aud their caths 70 gra,
friend punish 4 foe. As of those whom you have
thrice honocd with your confidence and support, rcpe the
inpua,ion which Is necessarily conveyed in this argument
against the election Of judges by the people II am toli
the argument does apply 10 representatives in The legis
ainrc and Congress reply by asking, Why does not =
Hhy is Judge liable 10 be base and corrupt han
ltgislaor
u repeat, and pray you TO remark that tho Judges
be base enough thus corrupy decide their causes they
do for any length Of me unless the majority OF
The people be- corrupt enough approve their conduct and
only permit them To sit ont their first tcru but actually
rs-,ec hem So far from rcclecng such man, believe
the people wuuld harl him from the bench. What would
majority Of you do? Answer for yourselves and you
for yourselves, for the balance al The Sa'e
would you reflect such Judge
Again. There is old saying that catching comes be-
fore hanging and Mrs. Glass, think. in the spirit Of the
ada.c says caich your ecl- then skin hcm," &c Now,
before The Judge skin his opponents he must know them
yo voted against him! BIT suppose the Judge willing
willing 10 take corrupt decision in his favor, still he
opposed decision against him; and does
cYry perceive that he motive of interest alone
the whole community, except The lucky party, against
the judge who decides coutly for every is liable
BE- party suit and therefore liable 10 be The victim OF
The corruption il cannot be told before hand whether