Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-03-27
JUDICIAL TENURE.

We shall continue TO bring forward, from time
to time, the opinions and arguments Of distinguished
juriss and statesmen upon this grave question: by
way of contrast with ,osher opinions founded more
upon desire than reason, and looking rather to
change and chance than tOprincples tested by time
and experience.
T'he age in which We live is one Of impulse and
experiment, aud in some respects of progress in the
proper sense Of the term. A rushing, reckless spl
nit sometimes reaches high attainmens, and ofener
bitter disappoiatments Upon the smooth surface
Of a quiet lake, buy may set the sails and guide
the helm Of his craft, because he reaches land upon
any tack. When, however, capes are to be doubled
UPON the heaving ocean, cool and sktul pilots,
soundings and log books, charts and conpasses be-
come the only means ofsafety. AS in physical. 50
in things political.
Some persons think, conscientously no doubt,
and others with an eye single 10 the "loaves and
fishes" that the perfection of the Judiciary con-
siss in periodical elections Of the Judges and that,
retaining the tenureofgood behaviour, nothing would
re gained by direct vote and choice of the people.
Upon the first point and in Pursuance of the tati-
nation in the outset, we give at present some ex-
tracts from the elaborate arguments of Judges WILL
SON and Story, and the authors Of tho Federalist,
viz: MADISON, JAY and HAMILTON. Such names
need 40 commentator from US. History has as
signed them place among the wisest and ablest
defenders of human liberty and the rights of the
people; aud wo be The day when such authority
shall 60 for naught.
Clear heads and honest he arts essential to good
Judges AS all controversies in the community respect
ing life, liberty reputation, and property, must be iniu-
eHced by their Judgments and their judgments ought
TO be calculated only to do Justice but also TO give
general satisfaction, to inspire general confidence, and
10 take from disappointed suitors (or in every
cause disappointment must fall side) the slight
est pretence Of complaint; they ought to be placed in
srch situation, not only 10 be, but likewise to ap-
pear superior to every extrinsic circumstance, which
be supposed to have the smallest operation upon their
understandings their nclnations In their salaries,
and in their Offices they ought to be completely indie
pendent in other words, they should be removed from
the most distant apprehension of being affected in their
Judicial character and capacity, by any thing except
their own behaviour and its consequences Wilson'S
Ea,o Lectures.
'The standard of good behaviour for the continuance
10 Office of the Judicial Magstracy is certainly Of
the most valuable of the modern improvements in the
practice of government. = AS from the natural
fcebeness Of the Judiciary, it is in continual jeopardy
Of being oyerPowered, awed or influenced by its coor
dnate branches that nothing contribute so much
70 ts rmness and independence, penanency IN Of
fee this quality may, therefore, be justly regarded as
m indispensable ingredient in its constitution and in
great measures the citadel Of The public justice and
the public security ."-FsderGlist
"Thc independence of the Judges equally requisite
TO guard the Constitution and the rights Of ndv duals
from the effects Of those ILL., humours, which the arts of
designing men, or the influence of particular conune
lures, sometimes disseminate among the people them
seves and which, though they speedily give place to
better information, and deliberate reflection, have
tendency, in the meantime, 10 occasion dangerous in
novatons in the government, and serious expressions of
the minor party in the community. STORY on The
Constitution Of u. S.
"That iafexibe and uniform adherence to the rights
Of the Constitution, and of individuals, which per-
eeiye to be indispensable in the Courts Of Justice,
certainly not be expected from Judges who hold their
Offices by a temporary commission Periodical appoint
nents, however regulated, or by whomsoeyer made,
woulj in way other, be fatal to their
~ independence. "-Story,
Justice has been represented in paintings as blind,
with scales in her hands, indicating thereby that in
Judicial administration it is expedien to "know no
man after the flesh" A profound knowledge of
human nature first conceived the idea, and prac-
teal acquaintance with human affairs led to the
picture. Ultraists may rant as they please, but
these periodical elections Of all Judicial officers,
give both eyes and years quick in discerning the
most potent influences at the polls, whether these
influences may tell in wealth and power, as seek
ing 10 conuo, or in the force Of numbers as oppos
ed to such control Ia either case, from the known
weakness and imperfecton of mans nature, justice
would be endangered, and more probably resemble
CEsAR than CEsAR's wife.
Upon the other poins-that no benefits could re-
suit from an election Of their Judges by the people,
il the existing tenure remains as it is, we likewise
dissent, and for the following reasons:
ls..-Because the Legislature having manfestly
failed in repeated instances TO make proper seec-
tons, and the people of the Districts having just
grounds of complaint therefrom, the appointing pow
er ought to be changed, if a better can be had
2--Believing that none is safer than the people
themselves, this change will efectualy secure the
appointment. of each Judge within his intended Iu-
risdictional limits, and one esteemed by the people
NJ honest, capable and irm. Having every induce
ment to good selections, when at,ainable, we may
sairly conclude that such will be made; and in case
M fsilure, the blame is their own.
3d.-Should failures, however, occur, the people
have the remedy in their own hands under the pre-
SAINT tenure, as we shall proceed to show and in
doing so, a,er ourselves, that full security for the
psope will be made to appear on the one hand, and
.Ttreeds responsibility Of the Judges on the other