Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-29
STAUNTON, VIRGINIA, MONDAY, JULY 49, 1850.

enough 10 control Judges, and compel them to
perform their official duties or not.0 All admit
that the Judge who decides on the sacred rights
OF the citizens ought 10 be independent oil every
Influence, but those of the law, and the evil
dence in the cause before him. That the poor
est, most bel pless obscure stranger should stand
i'll a court of justice OH ali equal platform, with
the most powerful, popular and numerously
connected. That Il Judge would be denounced
as corrupt W no would undertake to decide a
cause III which he had an interest of five dol
lars, and much more if Oil the issue of that
cause, the tenure of his office, his whole living
depended. All admit that when on the eve OF
a reelection OF Judges cause is tried, i'll hich
an Influential man, of large family connections;
is a party Oh one side, and poor, obscure and
powerless man or woman is party on the 9TH
er side; where popular man is party on one
side, and an unpopular man, on the other, there
would be a great temptation held out to Judge,
anxious 10 secure his reelection, to decide the
cause i'll favor of power and popularity, and "a
gainst poverty and weakness All admit that
the laws are chiefly intended for protection to
the weak against the strong, and therefore that
such leaning on the part of a Judge, in favor OF
power against weakness, would be a perversion
Of the great ends Of the law. Yet the pretended
friends of popular rights, while they laud the
intelligence OF the people, and call upon them
to exercise all their privileges, enormously in
sist that all these dangers must be encountered,
because tie people are incapable of enacting
laws sufficiently strong to govern Judge and
compel him te perform his duty. These friends
and would be cusodiers of the peoples money,
laugh to scorn; the old fashioned republicans
who planting themselves upon the platform OF
Washington, Franklin Madison, Marshall and
a host OF revolutionary patriots, insist on the a
bllity OF the people to frame laws, powerful
nough to COVE all, high aud low strong and
weak, Judge or beegar.
When they are told that six grand iuries sit
each year, in every County of the State, each
one OF those grand juries composed Of from six
teen to twenty-three hard listed, intelligent and
independent yeomen, selected inditfprenty fiom
the body OF the County-nelher office. holders
nor oftlce-seekers, and sworn TO perform their
duty without fear, favor or affection, they wag
their heads and say ha. ha these grand Jurors
may serve the turn OF bringing small men to
JUSTICE but they will be afraid of ii Judge. Yes,
they will torswear themselves, and leave an Of
tending Judge represented for craven coWar-
dice. What an insult to the body of the people!
Some OF these patriotic guardians of the people,
rights, have conyulsed even the boys, with mer-
rlment at their ignorance by the grave asser-
ton that no grand jury could fluid present.
ment without the concurrence of the foreman.
No one suppose need be told that this sugges-
, ton is groundless. Yet such is the character of
the arguments and assertions resorted TO- to de-
celve and mlsead the thouohless.
What Is the capacity for self. government. +!
1t is the capacity 10 enact such laws as will
protect the feeble, and restrain the powerful
Does 1t not follow necessarily that eveIy attempt
to prove the jncapacity Of the people 10 enact
such laws, is an attempt to prove their ncapa-
city for seli-government
But at this most interesting of all periods for
free peope-when we talk of amending the
fundamental laws of our Slae-a set of polti-
clans have sprung up, calling themselves the
friends OF the people, whose distinctive doctrine
is simply this that while it is very important
for a Judge to be independent, it is important
l also that he should be responsible, and mas
: much as the people cannot make laws TO hold
him to Responsibility, they must let him ride
over them booted and spuned for term Of
years, take away his independence, so impor.
tant for the protection of the weak-lea7e him
to be tempted away from the line of his duty,
by the powerful families and factions of the
District and then at the end Of his term of years,
: II those powerful families aud factions will per-
4 nit IT,, turn him out AND get some enc else, to be
4 subjected in his turn to the same bad intiuen-
ces. That the only hope Is not to control him
= while in, but to turn him out
Look at these men who are foremost in advo
! eating this strange ant-lepubican doctrine, that
= Judge, and that the people therefore should take
away Their independence. You will find them
, almost universally, either hot partizan polii-
clans, or members OF large and powerful family
connexions who hope to rule the country, when
the necks OF the poor mans Judges are put I'M
der their feet. Ii the people are incompetent to
make laws 10 govern Judge how will they
make laws to govern popular politician or a
powerful family!
I Sucb StuH is l,o1 M IN, f,oo,,,o,, 81 W.,
) einia, Their fathers proclaimed to the world
that they were capable of seli-oovernment, and
sealed the declaration with their blood Let
them prove themselves worthy of the boon sc
4 dearly purchased and let every man be look ed
upon as an enemy to popular liberty, who shall
5 dare affirm that any one however powerful, is
stronger than the laws of an enlightened people.
? The present Constitution entrusted to the Lee
4 gis!ature the duty of removing inefficient Jude-
es--they swear TO perform that duty But I'M
fortunately for the people, the Legislature has of
D late years been filled too much with tme-serv-
ing, popularity seeking men, and they have fail
ed to perform their duty. Does it follow because
S The peoples trust has been betrayed by them,
that they cannot safely repose it in SOME other
tribunal Is il to be tolerated that many of
: those. very Legislators, now candidates for the
Convention; should rely upon their own neglect
, OF duty TO persuade the people that because
r they trusted them and We're Observation-Disclosures
5 they are fools and incapable Of passing any law
whereby such Judges can be removed.
2 If the people are capable OF enacting laws by
which Judge can be governed and made le-
gally responsible for neglect of duty or corrup-
ton, then there is an end to the argument the
! advocates of the term Tenure aud reelection of
f the Judges, have never pretended any other me-
9 cessily for such a measure, than thatit was the
f only means in the power Of the people to COM
pei the Judges to do their duty If it is, as in
sist libel on the peoples capacity to urge such
/ an argument-if the argument itself strikes at
. flying the people, then no one will insist on
1 the dangerous experiment of destoying without
e a cause, the Independence of the Judiciary even
though repudating Mississippi mob-loving ~
7 York, and twenty other States have set the eS.