Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-06-10
REMARKS OF MR.. SHEFFEY.

of reform: He sad he had been assured Of the
desire of many to hear his views upon the subjects
which engaged the public attention he proposed
in the few moments allowed him to give merely
outline of his opinions. tie could not do more
at present, bat hoped to be able at least at the
June County Court after the conclusion of Mr..
Miche's address, to explain his views at large
He said he would not now or at any other time
use harsh epithe,s-he would discard all unkind
feelings. lie would endeayoF to treat all with
courtesy-and would expect like courtesy from
those with whom he might differ. He proposed
to discuss principles and measures, not men and
their motives Hc accorded honestly and sincerity
of purpose to others-wihout attacking any. He
proposed to speak of the great questions in issue
and to defend himself if assaed. He said his
opinions we're conservative of the great principles
Of our free government. Our fathers had SET forth
those principles in " the declaration Of Rights"
which formed 'lhe basis Of government F." but in
raising the superstrGcture they had under the Pc
cuiar circumstances in which they were placed,
made many departures from those principles.
In the bill Of Rights it was declared that those
were entited to suffrage who had sssufIicicn evil
denco of (permanenD common interest in and at
tachnent TO the community WAS the prin-
cple--when they sough TO carry it out the ffam-
ers of the first constitution restricted suffrage to
freehuders. This was depsrtare-- in 1929
greed on all handst that suffrage should be general
-unisersal-limited by few restraints. And so
after many struggles THIS error (df restricted salf
frage) is passing away. In respect to representa-
ton the same departure from principle was
Observable. He need not say teat he was in favor
Of the white basis
Another principle declared ia the bill Of Rights
was that call power is vested in and consequently
derived from the peeple That magistrates are tier
servants and trnstees and amenable 10 tAsm'-
/ There were many departures tram the principle
contained in these words Ours has been a gov
/ ernment without amenability --aithout RESPONSE
bility-to the people, except in the Legislative
/ department. In his oPllion the Executive,
| Legislative and Judicial departments should de-
rive their powers from and he amenable to the
people. They should be independent of each
other; but the will of the people operating on each
through distinct channels, should be the motive
power of each ; and each should be made effective
" responsible to the people, Garry out these
principles and what would follow with general
suffrage and equal representao ton the will of the
people would be fairly represented in the Legis
iature-the Governor would be elected by the
people and would be responsible to theR--and in
like manner the Judges would receive their APP
pon lments directly from the people and at proper
intervals be smenable to them He was in favor
of biennial sessions of the Legislature and thought
ii would be well to give the Governor the power to
| suspend law he disaprroved and to seud it back
to the Legislature for its reconsideration IL passed
| sec5nd time by the legislature the act should be-
come law.
Tbs Judiciary vss the great issue; in respect
to this question all now conceded that the Judges
should be elected by the reopIe-lhey were quail
fed to elect the best man to ill The office. Ii was
also conceded thai tho Judge should be responsible
Nh s. Was opposed to the .ljie-tenure. The good
behavior Tenure had heretofore proved to be the
saEle thing. The Tenure OF tt,e judicial office as
il has existed heretofore all agree ought to BIZ dis
carded-atter such reflection as he has been en-.
abled to bestow the subject ha Was entirely
satisfied that no device could be attached to the
good behavior tenure which would secure efficiency
and resposlbliity In the Judiciary. He had listen
ed atteniIvely to The able arguments recently de.
livered in that house ON tkis subject and his i'm
pressions had been only strengthened into firm
convictions. If then the old tenure wont do and
no plan can be devised to setter it, to what are we
driven ! Necessity fofces MS to go where princi-
pie ought to have carried Us long snce-to peri
odical election of the Judges Mems minds may
be sow in eeming to this conclusion but to it they
will come. de spoke Of the crowded dockets-
the delays iJustice-the enormous losses men
suffered, and the burden of costs on the commune
ty-he referred to the condition of the Circuit and
Supreme Cont bench and argued that there was
remedy for the evils there disclosed but in
practical accountability by means of periodical e.
lections. lie commented upon the advantages of
the term tenure-it would promote prempiness,
courtesy, stndiousness, learning and increased
mental ability in the Judiciary, by bringing hear
upon the Judge two sets of motives. the desired
otarproval and an efficient sense of responsibility
tie showed thatup to a certain point the motives
which would operate the life tenure and the
term tenure Judge were the same--accounability 1
to God-the obligations of the oath Of ofice--selt-
resPect-a wish for the good opinion of good men,
and love for the exalted duties Of the station
these were motives common to both. He then
pointed out the tendency--she natural tendency
of the life tenure system to topper, inaclon and
inefilcency. This question had been argued as il
purity We're the only attribute of good judciary;|
this was not so. Promp,ness in the despatch OF
business and high atanments in judicial learning
were equally essential The life tenure would
not secure these. The addi,onalmotiyes brought
to bear upon the term tenure Judge he thought
would accomplish it. He spoke ol motives as the
great moral forces of the world, and said that to
argue this question fairly all those motives which
would operate upon a term tenure Judge should
be considered, and not part only. He portrayed |
the character OF great and good Judge such
Judge it was conceded the people could and would
elect tHe then commented upon the attachment
of the people to such Judge-ihey would 'grapplc
him to their hearts with hooks of steei"-they
would look up to him as friend we'll tried-a
champion of virtue well dscplmed-a protector
of the oppressed-a friend of the weak-'.a terror
to evil doors and praise to them who do WELL"
In VAN would it be to attempt to withdraw the
confidence of virluous and intelligent people
from an honest. faithful and learned judge!
He then asked what would be The conduct of
such judge when in office Would the eagle a.
once become the housing owl---woud the lion
become the crafty iax-wonld the horse "whost
neck is clothed with thunder--the breath of whose
nostyis is terrbe,' become all at once or by de-
grees the miserable, foolish ass2 He thought not
The judge would hardly Plunge intothe mire of vice
fraud and corruption to win re election to an
office conferred onhm for his virtues and his learn
ing. The attempt would inevitably frnsra,esshe
purpose and even if he We're knavc enough to
conceive the wish he would not be fool enough to
carry it into effect. He would be kept in the
path of duty by the knowledge that disgrace and