Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-08-14

have but little reference to the qualifications 'of u"
ofice Tho consequences of this state OF things ar
obvious. and on one occasion, when was preseh"
gentleman who happened TO be a member rom ON
district in The State was appointed aJudge 10 ie'no
one over the heads of several other Candidates Oh su
perior claims greatly, and against the WISHES as 'i'
house had every reason TO believe) OF nine-'e"NS
the district f,he appointments are made from aios
those of whom the Legislature has no previous Ao"i
edge .they are constrained to have from the wahs u
other lights to make the appointment from lhe rep
resentaon of those who happened 10 represent ''s
particular district for which 1t is 10 oe ihdue' a
who unless the vacancy occurred IN ille snof' penoo
between the adjournment OF the previous Legsia."e
and the election were elected without lie ieas' le''
erence to such an object. These members are "o
ouently too much under the influence OF seiis" oo
sideraons, such as making room iof themselves =, ~
their friends at the bar, 10 be safely conhuea ''' u
The choice is confded to the people, they VIII ahe
it who have the best opportunities OF KNOWING me
qualifications of the Candidates deepest in'eres,
in making the best choice, and II they make d oau
one, they will be the sufferers.
But the strongest objection to Legislative appoint
ments. is that tbey are made almost exclusively on
marty grounds, either to reward parsans for partisan
services, or for political apostacy to their iormer
friends. And if there happens TO be any unwilling
members of the party, TO make such appointment
(which can in no way be connected with party poll
cs) on mere party grounds, they are wheeoieo 'u'o
il by all the influence ofparty applIances,or oragoo"
ed into it by all the terrors ofparty denuncanon'
1t may be said that if the people make the appointment
il will still be subject The influence Of party Inns cei
tainiy may be to considerable e1teht' 10 e Vi my"
party excemen but believe to nothing like 'ne Sa,e
extent as when done by the Legislature. consloefaoie
portion Of the electors will be apt to feel too deeP
the appontmen to Yield themselves up to mere party oic
tatonbeing no aspirants TO office, they Will be compare
vey Indifferent to party appliances and party drill mol
co with LEGISLATORS, who are most generally politicians BY
trade all their hopes for future promotion depend on hen
doing the work Of party good or bad Should there De
pary nomination of Judge before the people, hey VIII oe
constrained in most cases. select the best their own ranks
will afford in order to ensure success but win me hegis
lature, it is not unfrequently the worst.
With reference to the tenure of the Judicial Office, there
are tvo objects to be secured, if possible all admit:
sufficient degree of independence in the Judge to make him
impartial in the discharge Of his duy and secondly
cent degree of responsibility to make him energetic ano
industrious in their discharge The opponents o 'he 'e
tenure say that under that tenure, those two ooec are III
compatible and utterly rreconcilabe
believe with proper duration of the tenure, and
proper subordnaon of the inferior to the superior roua'
which subordnaton sndspensabe under any wise sys'e'
they are not only entirely compatible but that is Inc only
way by which both objects are to be obtained.
That there ought to be difference between the tenure
of Judicial and Legislative funcllonares' all ad' anu
that the former ought to be of much the longest duratlon
-. dufipe
necessary The Legislature enacts laws in the passage
which the majority Of the people have Ight TO coh'ro
These laws under our system, only operate prospecVey
and in future and every is interested IN making hem
equal and impartial for if they are UNJUST no person can
tell upon whom the injustice is to fall But the judicial
functions bring the application Of the laws to particular ca
ses that have actually arisen The majority have no right
to control that application the maxim being let Justice be
done if the heavens should fall matter what maorltes
and mnorties say Those who apply the law, as well as
those to whom it is be applied see who it to Affect
who is 10 be benefited and who is to be injured by s a
pcato There is consequently, so far as Judge might
be disposed to favor particular individuals greater tempt
alton TO depart from the line Of duty. would therefore,
make the duration of Judicial tenure longer would do
this for other reasons considering the great and TO some
extent unavoidable compexy Of system of laws no
man is likely in public esmaon at least TO obtain such
mastery over it, as to fit him for Judge until he has at
tanned to the age Of probably forty or fifty years, and VINO
is in full practice Such one would not be likely to lore
90 his practice for short Judicial tenure, especially as all
experience has Proved that lawyer who once lets 60 MS
practice especially at that period of life has hard work TO
ever reclaim it the Judge ought possible, 10 be lhe pest
LAWYER at the bar over which he presdes weak Judge
is necessarily too much under the control Of the best law
yes having insufficient resources Ct his own, he must rely
upon those of others would also give to the Court amin
tegent and enlightened jury, which would be great re-
lief to the responsibility Of the Judge The jury trial BE-
ing an essential part Of our Judicial plan, and being nope
likely to continue so, its present gross defects call as loud
for reform as any thing else, and although such reform
comes clearly within the competency of the ordinary Leg
saure yet past experience has proven they are u
willing to afford such remedy; the Convention ought ell
,her to do so or compel the Legislature to do so
The ony objection to the term is, that it would
expose the Judges poula! dseasure in the performance
Of their duties so as to make them in cases Of great
exctement from their duty This objection, it is enll
lied 10 any thing like the weight that is attached TO 1t,
would be an nsuperable objection to its adoption For
readily admit that no judicial system ought to be adopted
that don't secure as far practicable ali impartial admins
ation oustce that does not enable the hunbest and THE
oest citizens to walk into its forums with equal confidence
that does not proclaim to all subject to It's authority, to
use the language Of great English ef, "Thatnone are
so high as to be abore its power so low as beneahts
projections" To appreciate the force Of this objection, it
will be necessary further anayze the duties of Judge
see what they are, and particularly Of that portion of
them which are the mcs likely to make them obnoxious TO
popular dseasre For it must be admitted that the ez-
pounding and execution of the law the points Of sensa-
tive contact between the government and its citizens and
Judicial officers ought not to be exposed to public wrath
According our system, the JURY in civil cases decide
all the facts Of the case and in criminal cases. they nave
the right 10 decide both the law and the facs Of IN other
words rondt neneal verdict of eutY or not guilty