Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-07-08
V I n DC AT OR,
STANTON
From the Valley Star.
Constitution al Reform.
ELECTION OF JUDGES BY THE PEG.
PIE, FOR LIMITED TERMS.

! In our last article on this subject we promised
to resume the discussion, as soon as other en-
gagemePis would permit lis to do SO, and we
now proceed TO redeem that promise The
"Ant1- Ike ornlcrs" having made an absolute and
unconditional surrender on all points, save THE
ELECTION OF JUDGES BY THE PEOPLE
| FOR LIMITED TERMS, this number will be
devoted exclusively to that branch of the sub.
Ject--a branch OF it, under present circumstan-
| ces, by far the most important and interesting,
and worthy, therefore, of the most candid and
dispassionate consideration, and the most care
| full aud thorough examination.
1t has been recorded by Lord Campbell, in his
sketch of the deservedly distinguished Sir
Mathew Hale, that "while free from epeyu other
passion, he was constantly actuated by passion
10 do justice to all suffers who came before him
He was not only above the suspicion of corrup-
ton or undue influence, but he was never led a.
stray by Ill temper, a'npatienee, haste, Or desire
10 excite admiration"
"The great care ne used to put su,ts to a final
end, as 1t made HIM slower in deciding them, 40
it had the good effect, that CAUSES TRIED
BEFORE HIM, WERE SELDOM, IF EVER
TRIED AGAIN"
Such is the portrait Of Judge, as drawn by
master hand, and we can here see, at a glance
the requisites necessary 10 constitute an able.
efficient and acceptable judicial officer The
incumbent must never permit himself to be con-
trolled by amy influence which will prevent him
from dispensing ''even and exact iusticen to all
who may come before him-he must never al
low himself ''to be led astray by ill.temper," to
be prepossessed with any judgment at all, till
the whole business and both parties be heard
must never suffer himself to "be BIASED with
compassion to the poor, or favour to the rich'-
must never court ;'2opular applause" or suffer
distaste to the suitor Or his counsel to have an
intluence in anything he may do''-must sabhor
all private solicitations, of what kind soever, and
by whomsoever In matters depending''-and
must take ample time in forming and maturing
his opinions. II considerations such as these
control and govern him in the discharge of his
official duties, it is hardly possible that he can
1all to give satisfaction TO those Immediately in
terested In his action, as we'll as the great body
Of the people.
Having promised thus much, the next, and
the natural step, is to inquire, whether this
Commonwealth, under the existing mode of ap-
polntment by the Legislature, has secured Judi.
cial officers who come up to the standard pre-
| scrlbed. But one answer, we apprehend can
be given to this enquiry, by all candid men,
who have had an opportunity to form an en-
lightened opinion in regard TO the qualifications
OF those who have been elevated by the Legsla-
ture TO Judicial stations While many of them,
las we cheerfully admit,) do credit to them
selves and the Office by their ability legal learn
ing impartiality, kindness of manner, gentleness
OF disposition, industry and patience, it cannot
be denied that there are others, who never could
justly lay claim to any great amount Of natural
or judicial talent, or legal learning or industry,
or practical Judgment and who are indebted for
their positions to their concurrence of political
sentiment with the party ma jority of the Leeis-
lature that appointed them TO Office This re-
mark is applicable to both political parties in
Virginia. Each party has recognized and acted
upon the principle, that the range of selection
should be limited to the ranks of its own politi
| cal friends. And as proof in support of the cor
rectness of this allegation, let the reader reyolye
IN his own mind, the many appointments that
have been made, and see whether he can call to
mind single instance, in late years, in which
Wing Legislature has appointed a Democratic
Judge, or Democratic Legislature has appointed
a Wing Judge. We have not the Journal before
u.s. to refer to, and will not say no such instance
| has occurred; but il it has, we have no recol-
! lection OF it at present; and as we have been a
pretty close observer of the acts of the LegsIa-
ture Tor some years past, we think such an in
stance would not have escaped our recollection,
| II it had taken place. The conclusion, there
tore, Is, that under the present mode of appoint
ment, political and partisan influences and con-
slderations control and regulate the selections.
And how can it be otherwisea The Legislature
is, as general thing, composed of the most vi
client and ultra OF the partisan leaders, who fig
ure In the countless cities and towns of the Com
monwealth, with political feelings and preiudi-
ces: and partialities, thousand fold STRONGER
than any which operate upon the grea, mass of
the voters.
| We quote on this point, and in this connec.
ton, from the Reporters Preface to Robinson's
second volume OF Virginia Reports, paragraph
that is worthy of considerations sIt becomes our
legislators to consider (says Mr.. Robinson)
"whether they are not chargeable, on other
grounds, with the delay in the administration of
justice 1t asa grieuous thing that IN the election
Of a Judge members should act as If they acre
choosing an eIeetor for the Office of President of
the U. States. 1t a sutton has his cause DELAYED
or enormously decided, it is small consolation to
him that at the time the Judge was elected, he
and the Judge concurred in opinion on the cues.
ton who was the most suitable person to be E.
iected PRESIDENT An appointment to the Cen
eral Court bench, upon any such ground, of
man OF interior judicial qualifications, operates
most deleterlously in respect 10 the Court of Ap-
peals. Many case necessarily comes up
which, had been there proper Judge below
would have been there finally determined"
These views are not more remarkable for their
general accuracy, than for the clear, concise
and forcible manner in which they are stated
and there can be no doubt that they intimate
the exact truth as to the action of the Virginia
Legislature Tor many years past.
1t is manifest then, that party politics, have a
very intimate connection with the appointment
of the Judges under the present systemr-so man.
ifest, indeed, that the "44nti- eformersn them
selves admit the fact. Notwithstanding this adj
mission, however, they are unwilling to see it
corrected in the only practicable mode which
has been suggested, viz: by referring the choice
to those who are most directly interested, and
who have no interest to select any other than
men best qualified "Leigh," writer in the
Richmond Wing, who seems to be regarded as
the "-4nt'-ketorm" leader in the State, & whose
views on this point are by some of our Reform
Journals, "(Heaven save the mark !n) is oppos
ed to all change, not only in the tenure. bnt in