Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-05-27

hung 27 And is not this the case not only here.
but generally throughout the Union When
ComHaander Mckenzie ordered one nnidship.
man and two seamen to be executed at the
yard-arm of the brig Someys, for mutiny, one
OF the reasons given my him for inAictng such
summary punishment was, that the chief crimi-
nal being the member of wealthy and influen-
tiai family, il would be impossible for him to
be convicted and punished, if brought TO this
country to be dealt with according % law. Ii is
lamentable, but nevertheless true, that in this
country, wealth procures immunity from pun
ishment for crime. 1t has always been the
case here, as well as in England, where the ~
dietary hold their Offices from the executive and
from the throne. Even Shakespeare tells us
"The usurer hangs the cozener;
Through tatered clothes small vices do appear;
Rshes and tlrred gowns hide all. Plate sin
with gold.
And the strong lance Of justice hurtless breaks
Arm IT with rass-a plgmy's straw doth pierce
it,"
This same remark applies equally throughout
all the gradations of crime. The rogue who enl-
beetles his thousands, and hundreds of thou
sands, pes the felon's doom, while the DOOR
wretch who stealesa loaf Of bread to feed his
furnishing children is certain to feel the heaviest
vengeance Of the law. How happens it that
these great and crying abuses exist in our
midst Is this free and equal government
where poverty alone is to be made the target
for the shafts of Justice? Is wealth to be per-
mitted 10 hurl defiance at the civil power of the
State, and to burst asunder, like cobwebs the
mesles of the law? But may be told that the
fault principally lies with the iuries of the coslnr
try, and should not be entirely attributed to the
Judge. admit that juries are frequently to
blame, get most Of the evils can be traced di-
rectly to the judge In the first place. the Judge
is TO decide whether the accused is to be adj
mitted to bail or not and if admitted TO bail, to
fix Upon the amonnt required. Here vast
latitude is given to the Judge. The constitu-
ton savs.hat excessive bail shall not be requir-
ed, yet the Judge is to decide whether the bail
be excessive Or not. 4 man worth a hundred
Thousand dollars is frequently held to bail for a
heavy crime, in the s1nl of five or ten thousand
dollars. 1t amounts TO nothing at all. poor
man, not worth dime, wi;l perhaps be held to
bail, for the same offence, in tae sum of one or
two thousand dollars. 1t is moe than he eas
possibly furnish, and lence he n4lst go to jail ;
while the rich man goes al large orfeits his bond,
or stands the chances OF his trial, or has the in
dictment quashed, or in some other mode
makes his escape from the penalties of the law
WheE the case goes to trial, the Judge stands
between the evidence ,aad the accused, and he
decides what evidence shall be rejected, and
what evidence shall be received and read to the
jury. He is then given by the law the power to
charge the jury /; and who does not know the
vast influence which is thus exercised by the
Judge over the minds of the jury? After all
when the trial is concluded and the verdict rem
dered, he possesses the power to set the verdict
aside, TO oEder new trial. and give another
chance to the prisoner 10 plaeehmself in a bet
ter position before the next jury that is to decide
upon his case There are a thousand ways in
which the power of the judge can be employed
to defeat tie ends of justice, OF to save any in.
dvidual he desires to save. Now, sir, if these
evils are remedied-if the tendency OF the Judi
ciary be to favor the wealthy and to sacrifice
the poor--the aristocratic feature OF an execu-
tive appointment Of the judiciary must be abo-
ished. The Judges must spring direct from the
ed, by the same comfnon standard, to the rich
and the poor, the high and the dow.
There is another point to which have already
indirectly alluded, but which is worthy of a
more pointed examination. By limiting the
tenure Of our Judiciary, we have made them res
ponsible officers The purity of the admins
tration of justice depends upon the manner in
which that responsibility is enforced. If a bad
Judge be re-appointed, or if good Judge be not
re-appointed, their responsibility ceases 10 be
good and becomes a curse. There will then
'be no inducement for an npright and fearless
discharge of duty. Every dining depends upon
the intelligence and impartial action of the pow
er that is vested with the appointment. Now it
JIG impossible for the governor to know, whether
the Judges in distant quaMers of ene State have
discharged with industry and fidelity the impor-
tant trust committed to their hands A Judge
is an important character, and the governor
would hardly venture TO displaee him, except
in cases Of gross and ,glaring outage. These
considerations render it of vital importance that
the task Of holding the Judiciary to responsible
ty should be reposed in the hands OF the people.
4 have examined This question in every point
Of view in which it could be considered, and |
unhesitatingly declareit to be nay deliberate
Judgment, that no obieotan can befaken against
the system, 'blt such as is founded on distrust
Every argument urged against it, when stripped
and disrobed of taat which is extraneoas, as
sumes necessarily this complexion. The same
arguments can be urged against popular gov
eminent itself, that are urged against the cleo
tive Judiciary. If the people are competent and
capable, and nave the right to eectaheir audges,
upon what pretence can they be deprived of the
exercise of that rights Those who deny the
right of the people their competency land ca
pacity-assume the only true and manly ground
upen which this claim can be resisted The
MOndeClSt ana GiG dIiSlSCldt, VIII uelltNo tIltL
it is for the benefit of the people that they should
be scourged into subsection, can hardly be ex-
pected to give it their coutenance and support.
The judiciary as now constituted, is the only
aristocratic feature in our constitution. The an
tagonist principle to republicanism has here la
ken up his abode, and has retreated to this the
last citadel Of its power. Line after line,
entrenahment after entrerchment, have been
carried by the victorious democracy, and when
their banner shall be planted upon these battle
ments, the glorious triumph will have been
complete.
Mr.. President, an experience of thirty-two
years ougt to satisfy us that there is something
radically detective in the system of permitting
the executive to appoint the judiciary That
system has worked badly. The public ,nind
has been deeply agitated on the subject we are
now discussing. A distinguished gentleman
from New Orleans (Mr. Grymes) told us, the
other day, that feverish excAerpent prevailed
among the people. That harrassing doubts and
Al