Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-03-20

earliest youth ill now, that The greatest scouIge al
angry Heaven ever inflicted Upon an ungrateiul and
SHINING people was an ignortht, corrupt or a de-
pendent Judiciary. Will you draw down This curse
Upon Virginia !" :.
The tenufe 10 important also 10 steady and uni
form administration uf the laws TO the establish
tisnl Of its principles upon fixed and certain ba'
ISIS When vexed questions have been decided oy
ife cutge, remembering his DECISION, all rntare all
alcgous cases will be made to follow this precedent
and thus The couniry will derive the benefits of his
experience How different if the Judge is elected
froh-Gfice! His successor will not know the for
mer decision and will decide the case anew. II rs
far pefefable that defective law in operation and
well known, should he permitted to stand always,
as contracts made will be made with reference toit,
than that it should give way 10 better law, If this
last Is in short time To be superseded by another,
for in this uncertainty there is perpexity and dan
ger. Stability in the laws, no less than govern
ment, is a matter of the highest practical impor-
tance, and no effort should be wanting to secure an
object su desirable After principle is rfecided-a
precedent set-all cases should be made 10 follow
il, ill in the course Of time the system would be
perfec, as man could make it. This Inject should
no, be lost sight of, or Notwithstanding the perec.
ton 10 which The common law has attained, being,
as one Of IFS most learned defenders asserts, "the
perfection If human reason" and the great learning
of the eminent Judges by whom its principles have
been expGuuded, riny ffhetn afe sill involved in
doubt, and if this be SO in regard To laws OF such
long standing and with Judges whose whole lives
have been seduousy devoted to their calculation, q
tortiori, il must be the case with men who have
moi given their lives TO the profession; who have no
nducement in the tenures of their Offices TO do so
men who may be to-day Judges, Tomorrow lawyers
and the next day indusriOusly driving some more
profitable trade. The question of tenure being dis
posed Of, and the independence OF The Judiciary
(supposed to be) secuted, the bpst mode Of appoint
meni will be very briefly considered for if you give
the Judges tenure during good behaviour one till
he is sixiy-i or seventy years of age, ur till the
physical and mental faculties usually fail, it is a
matter of less importance than the tenure, TO whom
he owes his appointment, since he is independent
Of that power. Sill in many points of view it is OF
the highest moment.
The experience of England proves it unsafe to
confde the power 10 the Executive. will merely
slate, as fear have already occupied too much OF
your space, the reasons why think it should not
be extended to the Legislature.
1t decides upon the merits Of men, with whom
probably not half dozen members are acquainted
friends will aud them and their enemies detract
from them.
II decides matter in which it feels no immediate
or special interest; upon which the members will
not take The trouble to inform themselves, and on
which they vote as fancy or The impulse of the mo
ment may dictate.
Besides low and disgusting intrigue and vile cor
rupon may be successful GANG often are) much more
readily in The Legislature than before the people,
and 10 bring the matter home. our own Legislature
has in more cases than one (when the people ofthe
district would have acted differently elected men
Of narrow minds and ga little learning" over men
of splendid abilities and profound knowledge.
For these reasons greatly prefer the election of
the Judges by the people Of each district, over all
other modes Of appointment; and to the success Of
this object, I trust The friends Of Judicial ndepen
denco will direct all their thoughts and actions.
CIvIS.