Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-03-20
cow mUNICATIONs.
AN 1NDEpEspEsr JupIcIAGGY.

.Nessrs Editors Since it is now very wei M
derstuod that Convention will be soon assembled
to fofm Constitution for Virginia, ii is important
the various measures Of reform "to existing nsilu-
lions" which have been suggested, 10 reference
10 many constitutional changes there is litle fany
difference Of opinion, but about others. men do DIFF
fer and il sproper that these should be discuss
ed that public option may be well ascertained-
To prevent any misconceptions will explain here
tina, upon all Of the proposed changes, save those
looking to periodical elections Of The Judges stand
| identified with the, friends Of Reform. Differing
on this question with manly Of my friends, in whose
judgments have high respect, pfcpdse EXPRESS
Ing, as briefly as is consistent with cearness, few
views in favor of an Independent Judiciary, which,
TO my mind, are conclusive. and which, IT no, as
satisfactory 10 others myself are, trust, at least
worthy Of respectful consideration.
The term and principle are derived from the
English Constitution and originated in The power
of the king to appoint and remove the Judges at
pleasure. During the time he exercised this pre-
rogstive, his influence was so grievousIy ielt and
was SD fatal to the rights and liberties of the SUBJ
jec that it found necessary to render the judi
ges independent by life tenure and more popn-
lar mode Of appointment. Now because it origina-
ted in the power Of the King, it does not by any
means follow that there were not, and could mol
have been in England, and that there are not lnflu-
ences in this country, which might operate as lnju-
rousy to the rights Of the people as that of The
King. Such is not the fact, bu, directly the re-
verse. Yet it is gravely argued in ain article from
the March No. of the Democratic Review for lS4s,
that there can he no Independent, Judiciary where
there is no King merely refer 10 This matter,
without intending to review that article, portions of
which are excellent because il has been re- printed
and widely circulated in Virginia, and a statement
OF this kind left unconlradcted might operate against
good measure.
II is though, by the friends of Judicial indepen-
dence here, that it is necessary 10 render the Judge
independent Of the Government, and the citizen
tried by the government, Of rich and powerful men,
and Of faction, all of which are calculated TO pre-
vent an administration of justice. The opponents
of this measure talk largely of the fidelity and firm
ness of men and Of their ability To do their duty at
all times and under all circumstances To all Of
which reply simply, that If in times past some Of
.he proudest ornaments Of the profession have been
| Incapable Of resisting improper influences. may we
not Calculate upon similar acts of weakness hereat-
ter? Anticipating your answer, contend that ev-
cry protection should be given and every facility
should be afforded the Judge in his arduuus duties,
for necessarily large psrlion Of those upon whom
the office is Conferred, want the requisite qnafica-
,uns of good Judges and will require this aid. A
good Judge possesses vigorous and highly cuitlva.
ted intellect, and to talent and learning, he anites
physical and moral courage and inflexbr integrity.
Shch combination of good qualities is rarely 10 be
met in one man. and Of course The number fit for the
office Of Judge is very small and it s not reasona
Die lp shppQse they will be always selsced from
this class. This, like all other difficulties, should
be faced, and as far as possible, provided against
The weakness of The man should be fortified by
Strengthening the oflice-by giving it tenure; by
remuving all possibility Of appeals to his ,preindices
ds his passions; his interest or his principles. -
When thus left, with nothing 10 control him but
God and his conscience, confidence may be placed
in his decisions, for they Will Be formed and pro.
nounced without the hope Of reward or the fear Of
punishment" The necessity Of such Judiciary
is papable, for it addresses itself to inevery con-
ceisAble way-to our lives, our fortunes and our
regulations; and without il we have no vestEe III
civil liberty. :,
IL we had enjoyed. under the English Consiiin-
lion, the blessings Of civil and political liberty, we
would have been at this day, in all probability, coli
onies Of Great Britain but neither was vouchsated
us, and in this tyranny the American Revolution
had its inception. Odf ancestors sought 10 es-
tablish in this country, as The friends of libsrty
throughout the world have sbight at satous times
tn establish, an upright and impartial atthnlslra-
ton Of just and e&pedient laws--laws made by the
common consent for the common GOOD. Believing
what is now generally conceded that "Rhere there is
no civil liberty there can be no law. and whetethere
is no law there can be no civil liberty" Liberty
depends upon the law, the efficiency Of the law up
on its administrations and the safety of all upon It's
| ,rl trftI ,acoI ponI nm hp n
dependence of the Judiciary. which can only be Sc
cured in one way, and tina, is ny giving some per-
manence of tenure to the office. You thus false the
Judge above suspicion of influence from any duat-
Ter. As by this tenure, in a monarchy, they are
independent Of the power and influence ofthe Crown,
so ale they, in Republic Of the other branches Of
the government, which is important, as they stand
between the people and the peoples representatives.,
to defend their Constitution against the assaults OF
their agents.
And as 10 the Judiciary being dangerous, as some
apprehend, TO the other departments Of the govern
nent and liberty, these find their greatest security
in lis fearless independence. No one acquainted
with onr own, or any other government. in which
the departments are separated, can be ignorant of
The fact that the Judiciary is the weakest. The
celebrated Montesqueu, speaking of il with refer
ence IL tie Executive and Legislative branches in
Snch government, says IL Is ued' I'D nothhS'
II holds neither the sword nor the purse it cunfers
no honors and originates nothing; it has neither
''iorce nor will, but Judgment" 1t expounds the
laws passed by the Legislature and guards the
rights of the people, by seeing that those laws are
not in violation of the fundamental laws of the land.
Unarmed as it is, where's The danger that it will
encroach on departments armed both with the sword
and purse! The idea is absurd So far from ap-
pretending it, every consideration Of policy dictates
that it should be rendered independent Of them, lest
they may overrun it. Moreover, il places the
Judges beyond the rechof faction and the influence
of powerful men.
Judge Marshall, in his great speech on tfe indie
pendence of the Judges, remarks, "You do NOT al
luw a man TO perform the duties ola ''juryman or
Judge il he has one dollar of interest in the mat
ter and yon will allow Judge to give decision
when his office may depend upon il ?-When his
decision may offend powerful and influential man?
You do not allow any of your Judges to lay up for
his old age; the longer he remains in office, the
more dependent he becomes on his office. He wish
es to retain it; if he did not wish to retain it he
would not have accepted it. And will you make
! Ill. az. &c b;s