Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-05-20

ceiFeQ pV the SuDlle ana deceptive arguments
with which the opponents of an elective judiciary
seek to wheedle and cajole them out of the ex-
ercise OF their undoubted rights? Can they
believe il Is for their interest that the most i'm
poftailt tnnctionaries of the State who are called
upon daily to decide upon questions involving
their lives, their liberty, and their property,
should hold their appointment from, and he
.menable 10, some other authority in the State
than that OF the people themselves? Human
creduity Is great; but when the monstrous pro-
position stands revealed in its naked deforlnity
The heart OF man recoils from it with instructive
loathing ard disgust
MANY individuals entertain the opinion that
the Judiciary system Of England is perfect and
that We should go organize that department as to
preserve the leading and important features es
tatlished by that government. English althor-
yhas 10 weight with me but if can show
that, according TO The true principles of the
british government the appointment of Judges
should flow III this country from the people, it
is altogether probable that some votes might be
secured in behalf Of an elective judiciary, that
couie be obtained by no argument based upon
the true principles Of republican government
IN England Judges are appointed by the crown
The CROWNS the sovereignty OF the State Now
where Is the sovereign power OF our government
lodged it Ii be not III the hands Of the people g.
The people are with us the sovereianty Of the
ence would require that the Judges should be G.
iecled by Tie people.
But reference is frequently made to the
British system, for the purpose of proving the
Importance of having an independent judiciary
The sigllifcation of this term ::indepenGentn
III England is different from any meaning at
tached to 1t i'll this country. Il means an indie
pendence OF the crow H. and not an independence
Of the people. Formerly, the Judges i'll Eng
t:stId bnl fbctr nEti,, ~, IL
sovereign but this evil was relnedied. and the
revolution Of 1858 resulted establishing the prn-
elple that the Judiciary should be appointed for
lite, ard should not be removable al the will of
the crown. This rendered the department IN
dependent OF the sovereign and it was a great
stride III securing against the encroacllmenls of
the throne the public and private life of the cti-
zen. Ii was the first decided advance in poru-
lar government land by making the judiciary
independent of the executive, it held out to the
subject the hope that he would find in one branch
OF the government defence and security from
the exaetIons and expressions of the other. No
wonder that under these circumstances the in
dependence of the judiciary is regarded as the
sheet-anchor OF the rights of the Briton.
The Independence ofihe Judiciary, however,
i'll England as every where else, does not result
from the practicable mode which is pursued in
appointing The Judges. Ii is the life tenure of
the judiciary which renders the n independent:
and they would be equally independent if they
were elected by the people, instead OF being ap-
pointed by the crown. The independence Of
the Judiciary, then, is only to be found in their
tenure OF Office, and does rot flow from the pc.
cuilar lnanner III which they are appointed. A
Judge elected for life by the people, is Just as In
dependent as a Judge appointed by the crown
tn either case he is beyond the reach of RESPONSE
billy, and the particular mode i'll which the APP
polntmeit Is conferred, does not abae one iot or
title OF his independence. If YOU abolish IjI,
tenure, and fix term fer which the Judges are
10 be appointed and elected, you destroy This
independence, and make The Judiciary at once
responsible to the power that appoints them. If
appointed for short term, they are subject 10
CONSTANT responsibility if for a long term, tina,
responsibility is proportioually diminished But
IN neither case do you add 10 or diminish their
responsibility by adopting any particular roda
OF appointment. A Judge appointed by the
crown or the Governor, for term of years, is
just as Independent (and no mofe) as the Judge
elected by the people.
1t has been generally conceded that in this
country there does not exist the same necessity
Tor an independent judiciary that is TO he found
III England. In fact There is not the slightest
analogy between the situation of the people of
England constantly warning against the agrees
sons OF the throne, and the people of this coun-
try, where the very name OF monarch is I'M
known. According TO the theory of our govern
nent, there is no power antagonistical to that
OF the people II is true that you may build up
such power; you may array one of the depart
ments OF the government iii opposition to the
people but if you do, you yioalate the rules OF
repubcanlsm, and by your own act YOU will
create an irresponsible judiciary, which other
wise would not exist Now, how do we stand
in reference TO this question? We have already
decided, and decided very correctly, to abolish
life tenure and the sense of the convention is
unanimous against Judiciary constituted, as it
is in England above ali responsibility whatever
Life officers, hereditary titles, and entailed es-
tates, do not conport with the republican feel
lEes and principles OF the day. Our Supreme
Court Judges are now to hold their offices for
the term OF eight years. They are no longer 10
be irresponsible despots, welding uncontrolled
influences over the liberties and property of
the people. That question is settled-lheir
responsibility is fiSed-and in the investigations
OF this subject, would warn gentlemen not 10
be led into boys and morasses by the ignus
ttd,ats of an independent judiciary. Upon ibis
question the Convention has moved with bold
strong hand, and every vesiee of an irresponsi-
BILE Judiciary, si,ch as is found in England, has
been swept by the board.
The point being gained, and the responsible
ty OF the Judiciary being established, another
important question presents itself for our deois-
ion, The Judges are to be held to accountable.
ity and to whom shall we confide the delicate
duty Of holding them to accountability To
the Governor, the Legislature, or the people o.
The choice is 10 be made between these three
powers in the State, and between them who can
hesitate?
Every motive of sound policy and expediency
requires that the Judiciary should be independent
of the executive and the Legislature. Any other
organization of the three departments would lead
to the most deplorable results Our only safety
consists in keeping each OF the departments sep,
arate from. and independent Of the others and
toe true and proper independence of the iudioia-
nv is 10 be found in elevatng it above the con-
troll and placing ii beyond the reach of the CO.
ordinate branches of the government. The
judiciary is the balance wheel of our political
system. As the balance wheel in the machine
nv of steamboat regulates the stroke of the
piston the movement of the valves and The