Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-04-10
CONSTITUTIONAL REFORM.

The Judicial system Of Mississippi has been prom
inently SET syrth, through Gen. QuITMAS's letter,
ss sustaining the views of those who contend for
periodical elections of Judges and other Court OH
ssrs. At the same time, there has been more eau
zion in alludiug to the operation of like systems IN
she States of New York and New Jersey. We
might safely cOncede that an elective Judiciary, IN
she popular sense, may have turned out better IN
Mississippi than in New York; but gQSd system
euqht 10 work we'll in both. Let us see how 1t IS
10 the model State, so confidently appealed to IN
this controversy. We call attention TO The fact,
that some few years since, the Judicial Flee
mons 10 that State turned upon the opinions OF the
candidate Judges as to certain constitutional ques-
lions growing out Of reputation. The views OF
candidates were antecedently demanded upon the
rraye questions thereafter to be decided under the
solemn sanctions of judicial oath. One OF the
nominees, and he was Wing, declared upon the
s,apd tina, il elected he would decide the orhcom-
ing questions according to his best judgment OF the
law and the constitution, under sacred regard 10
his conscience and oath, but refused TO give the re-
suired pledge. He was opposed by strong party
which required the pledge, and was with difficult
~ elected. What Virginian would like to witness
sueh canvass
We present to our readers, in addition, the test-
nony Of citizen of our own State, in his erperi-
sacs of Mississippi judicial Proceedings-he is an
able writer, and highly complmented by the Rich
nond Wing, upon an article over the signature OF
Leigh" in that paper Of April 4th. The writer
Gays:
Twelve years ago brought suit for the recovery Of
debt in one Of their courts. After long delay, judg
pent was got and execution issued For seven years
this execution was 'returned'-'no property found
no bidders'-'no bidders at valuation prce-for a
rnorg other devices to pay debts without money was
law recurring property bring two-thirds OF its aP
praised value which value (being fixed by neighbors
who perhaps the next day might call on the debtor to
redeem the favor by pricing their property WAS seldom
less than twice the intrinsic worth Of the property
gentleman Interested with me, in the claim, hap
psned 10 be with me in OF the towns, in which lived
The debtor, the Sheriff. and our Lawyer learnt tnet the
debtor occupied large house filled with splendid furn-
fure-that he had silver plate valued by broker who
had had il in at $5OO0and sixteen slaves, chief
" accomplished house servantsan amount oil property
more than sufficient 10 pay the debt we Immediately
called on our Lawyer and requested him to see the sher
it, inform him where property could be found, ana in'
struct him levy the execution forthwith lie saw the
sheriff gave him the information and required him TO do
hjs duty The sheriff expressed some reluctance cevy
the execution the time when the law did not al
low executions 10 be levied The Lawyer replied,
shat time is 10 days before the Court SITS there are
now twelve days. and you have discretion in the mat
ter The sheriff then said he too much engaged to
do il that day but would seize the property the next
day. We called the Lawyer in the evening OF that
day, (Which being the llth from the Court, was the
ast and learnt that the sheriff had reported that he
had that day gone to the house Of the debtor that he
found it locked up and all the property, udmg the
slayes (who the day before were dispersed over the
whole own) was under lock and key, and that the law
did not authorize him to break open the house. Next
aay il was latcsoon after the Court met, granted
an injunction We have been kept at law ever since.
Upon hearing this -eport OF the proceedings oil the
nheri We inquired how all this could have happened
with an officer to do his duty The lawyer an
swered that the fact Of the discovery OF the proper
~ was known only to the plaintiffs their lawyer, aud
she sheriff. that the latter must haze glcen UarnS ue
ight before 10 The agent Of The debtor, who was absent
tcich led 10 The secretion Of The property On being qles-
toned how it was possible public officer could thus
periure himself the lawyer replied, with perfect mai
ss!S, YOU gentlemen, are strangers, sdens OF
the State without votes nhuencethe debtor is an
member Of Congress, resident oil the couny ana OF
great Influence in elections The Shert eec''on comes
on IA AngustP We were answered.
Now let any advocate of an elective Judiciary point
In the rs years history of Virginia. to an equally flagl
tious oil official maeasance, TO holder instance OF
deliberate perjury, II he Let not flatter our
selves with the belief that it is superior virtue and
morality that have saved the page OF our history from
20 black a stain. Although all who do not belong TO
the elite of the Democracy Of Richmond claim, ut
leas the their foot the boundary line
OF the Old Dominion, to be of 'the first families OF Fr
rpia'-yet if the truth must be told We are no purer
or at least rerV little better than other pcope-we are
certainly better than should be-, and as certain
Nv not 80 bad bu that may be made trorSe And 1T is
with the earnest hope of guarding against the chances OF
fhs deterioration which will be the inevitable effect of
The adoption Of putrid aud corrupng system of
arnment that venture to make this appeal to your good
sense and patriotism The fault is not in the people,
bat in the system
You have seen the effects of this 'adly political u
pas' in a ncghboring State; implore YOU, by your
love ofIaw order, Justice, moras-by every considcra
lion that can prompt you 'eschew evinot to trans
plant il, to the soil Of This good old Commonwealth
II may be said the above given is solitary one.
Oae SUCH case witnessed by in a casual visit to
q distant community, speaks volumes. 'Er uno omnes
Siscs.'"