Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-08-21
COMMUNICATED.


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.Messrs Editors In former communications
r have endeavored to show how periodical eiection
would operate upon the minds Of Judges IN the decs
ion of causes between private individuals IL canno
be denied bv the advocates Of the term tenure, ina
the system they proposes at least places lemP'a'lon
in the way of our Judiciary. That where "eai!f
and influence are combined against poverty ana oo'
scurity, that there would be strong nducemen helc
out to Judge 10 decide in favor of that party com
manding the greatest influence in elections. Where
then, under this system, is the security OF the poor
and despised individual seeking 10 maintain his rights
against the rich and powerful? Does 1t not destroy
that equality that should exist between parties IN
/ Court of Justice and which would enable Judge
to decide fairly and impartially between them, by
placing his office somewhat under the control OF one
or the other party? Could the weak expect justice
under such system? For what purpose was Inc
independence OF the Judiciary created, but or Inc
purpose of defending the weak against the aggres-
sions of the strong? Was it for the mere purpose OF
creating an office for the benefit OF few individuals
Let us look to the language of Mr. johnson and Judge
Marshall two ofhe trainers OF our present Constltll-
ton. Who's opinions conceive will compare iaVor-
ABLY. with the opinions Of many of the wise men OF
our own day, for our answer. "Was it (asked MIR.
Johnson) merely to secure the salaries OF lew men!
Far from it, that did not even enter into the question,
it was 10 enable the poor and desplsed man TO come
on equal tetms into controversy with The rich and
powerrul. Is was 10 enable the unpopular man 10
aDpeal with confidence to the tribunal ot his Cour-
ry against the popular idol of the day. 1t was TO
enable the humblest citizen Of the community 10
stand firm and erect before the Commonwealth itselI.
In political point of view, it was to enable The 'u-
dicia branch of Government to prescribe limitations
10 the Legislative power ITSELF" Says Judge Mar
shall aAdvert to the duties of Judge. lie has to
mass between the Government and the man whom
that Government is proseculing-between the most
powerful individual in the community and the poor
est and most unpopular. 1t is of the last importance,
them that in the exercise Of these duties he should
observe the utmost fairness. Need press the neces-
sity of this Does not every man iee that his own
personal security and the security oil his properly de-
! pends on that fairness? The Judicial department
comes home in its effect TO every mans tireslde, 1t
passes on his properyhs reputation, his lie his all
These, felow-citizens, are the opinions OF two OF
Virgmia's wisest and best sons. Men who stand de-
seryedy high in the hearts Of their Counrymen on
account of their wisdom and integrity, and whose
fame will liye when that of some of the present ag-
a,ors will have sunk into oblivion, or If remembered,
remembered only as public curses They tell US why
the independent Judiciary was engraed OR our pres
ent Constitution, they tell US Of the necessity OF re-
tanning il there, and they warn us with the voice OF
wisdom and experience of the evils that Will result
from its destruction listen 10 their warnings, fellow
citizens whilst it is yet time, heed not the advice oil
those who Iidiculing the opinions oil these great men,
and despisng their wisdom and experience, under the
false cloak OF riendship for the people," would lure
YOU on TO your destruction.
wish now to call your attention for few mo-
4
mens 10 the effect these periodical elections would
have upon our Judiciary in times OF great excitement
either political or other. We all know that II Is es-
sentia to the preservation OF our Liberties, that our
Judges should be uninauenced in the discharge OF
their duties by personal preudIces or by popular eX-
elements. We all know that should our Judges
wayer in the execution Of the laws from the ebu.
tons of popular passions, that law and order would
become empty, unmeanng words, and that mob vlo-
ence would be the ruling spirit the day. We also
know how difficult i. is for man 10 stand unmoved
and mistaken when the storm of public excitement
is aoaipat him how much more difficult would It be
for him to remain uncorrupted when his Office de-
pended upon the will Of such people?
Suppose then, that upon the trial of some unorsu-
nate individual charged with some henous offence
against the laws of our State, where not only the
mowers OF Government are used to crush him, but
even the voice of the people in their excitement are
CRYING out for his death, as is often the case, coud
Judge thus situated whose office IS dependent upon
the will Of this very people, whose preudices are
so aroused discharge the duties of his office faith
fully and impartialy, dealing out justice alike to The
criminal and the commonwealth, unnfluenced by
fears of personal character? Do you not suppose
that he would weigh well the effect of his opinions
upon his own individual prospects, before he would
render one upon points involving the issue oi the
r, H.. 81 1r Aor0 I'm
for treason. Could Judge thus elected and thus
dependent, have stood unmoved amidst the deep ex-
element that manifested itself this occasion, when
curses loud and deep were hssed in his on every
side, and charges OF corruption and lavorlsm, were
hurled at him from every quarter
Again, we are divided in this country into two
great political parties, one often advocating set OF
measures declared to be unconstitutional by the 9TH
er. The party in the majority comes into power,
and those measures become laws. Doyou suppose
that Judge thus dependent upon the Will OF 'hal
majority for the maintenance of himself and all that
he holds most dear, would dare Illustrate the wishes
of that majority, (even though he believed the law
unconsutiona) by declaring it so: he might DO So,
but then again he might not and the evil that might
result from his failure, would more than overoalance
all the evils we have suffered under our present system.
| In times of great monary pressure and distress,
the people have cried aloud for stay laws, relief laws
and other laws, laws impairing the obligation of con-
tracts and therefore unconstitutional In obedience
to the wishes of overwhelming majorles the Legs
latures of several States have passed such laws and
there can be no doubt will do so again. 1.-THE Judi
ciary is made as dependent, on the will ofihe major
y as the Legislature, what security have we that the
Judges will not affirm such laws, destroy the bind
ing force of contracts and nullify the Constitution I
If large majority of the people are in favor Of the
unconstitutional law, the relief law for instance, and
Judge dares pronounce il void, his reelection be-
ing Just at hand, what would hinder the majority from
turning him out and re-elecling one who would en-.
force the void law, thus making the obligation OF
contracts mere nullity
These voters Of Augusta are some oil The evils