Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-05-22
TENURE OF OFFICE.


indiana, moved to strike out twelve, and insert three,
$ the term of office of each Commissioner.
Mr.. Hunter, of Virginia, said
It seems to me tina. the tenure Of office should 30 made
long one 1t ought be made long for the very purpose
f signifyng TO the Executive that such was the in
ention Of those who created the board am in favor of
ong term for another reason The value of this board will
lepend very much upon the experience and knowledge OF
he commissioners and that would seem TO be reason Tor
Increasing rather than diminishing the Of their offices
Mr. Butler, of South Carolina, staunch Demo
,rat, as we'll as Mr. Hunter, said:
al shall be very sorry to the amendment Of my friend
from Indiana adopted These gentlemen whom it is pro-
posed place on this board pass upon claims may be de-
signaed as judicial officers and they ought TO be men re-
markabe for integrity distinguished for learning and those
who will inspire and possess the confidence Of the public
Now you will scarcely be able TO get men OF that kind
for four thousand dollars and will the Senator, if
he supposes he obtain the services of such persons who
will be subject to be removed once in three yeas under
go trial in three years, he will get exactly that class
of persons most unfit to pass upon claims at all
Mr. Chase of Ohio, remarked SIT is quite possible that
derive some Of opinions upon subjects OF this char
acter from the laws which prevail in respective States
In the State which have the honor to represent in part the
judicial term is years, and find upon experiment
that il works well.'
We would have been glad if Mr. Chase had been
more explicit and told in wha: particulars it works
WELL Whether or not the Judges of his State are al
all times independent Of the Abolitionsts and lanat-
les of Ohio-whelher, for instance, Southern man
may pursue his fugitive slave into Ohio, and count
with certainty upon being sustained by the judiciary
in retaining his property according to the supreme
law of the land. Perhaps the developments on this
point might bring reformers to the conclusion,
that while the system admirably adapted to Vir-
gnia, it did not snt the latitude of the free States !
As counter testimony to that Of Mr.. Chase, we
may state that distinguished lawyer of Western
Virginia, remarked TO US not great while ago, that
he was we'll acquainted with the practical operation
of the presen, Judiciary system of Ohio, and that such
a system 1oas curse 10 any community.
Mr.. Foote, of Mississippi, spoke in terms Of warm
commentator Of the judiciary system of his State
Doubtless it suits him and men of his stamp We
cannot, however, admit him to be competent wit
ness in the case. His devotion to the theory of the
system is so infatuated, that he declared himself in
favor of electing The Judges Of the Supreme Court
By the people for term Of years-thus placing the
South at the mercy of the Northern Abolonists.
Mr. Butler said, 81 in favor of the longest term and
far from making it three years would make it for life
shall not go into discussion of this question: applies
to the term of office Of judges, but again repeat that
this particular office, would make continue long
the incumbent honest and good man, and discharges
his duties WELL agree with the Senator from Kentucky
that an officer of this kind will learn great deal from
perence. and will learn the principles of civil and common
law in the same judge becomes familiar with
those principles. you reduce the time to five six years
ola nf tu
Offices"
81 know much is said against life tenure, but it will be
long time before shall agree that shall have good
Judges for years have had for ten years
past have irr mississippi very many
eminent Judges 1t was said Of the Augustan age ofera
ure that perhaps the literature which had been tainted by
Cicero and the republic began but then To exhibit ITSELF
venture to say that judges who the bench
educated under fan different system from the short
system, and that the fruits Of that SYSTEM will show
themselves for some time to come"
In reply 10 a remark Of Mr.. Foote, that one of the
effects of the plan before the Senate was TO build up
an aristocracy of the worst kind, Mr.. Hunter said
Sir think no one is less disposed than am to build
up arstocracy here Of description but if TO have
independent Judge, if to have independent tribunal be-
fore which to try claims and questions of property, is to
build up arsocracy, then must have misunderstood
this thing all my fe for have always conceived be
object Of the highest importance to provide independent
tribunals that should have power of deciding questions
only between and man. but also between private indi-
viduals and the State"
Mr. Butler arose again, and in the following para
graph, spoke precisely to the point:
"The only difference between myself and the Senator
from Mississippi is this: He is radical progressive DEM
ocrat, and am conservative Republican. lore Repub
kcGUism as found it, love 10 adhere to those old fash
Toned doctrines, which, am sorry say, have been de-
parted from IN some degree. Whether those high and fash
Onabe notions, which the Senator from Mississippi wishes
to nculcate correct not will undertake 10 say
al merely wished to say" he continued, 'that whether
you appoint judges for long term short one most
favorable 10 that mode which is most likely to the
entire independence of judicial officers said would take
history decide whether short term long term ope
rates most vorably in the administration of judicial duties
You may look forward for twenty years. and ascertain as
well you may be able what is likely to be the public SEN
tment this question. This putting the question in as
delicate way as able, without making any illusions
Of special character to any particular State. My debe
opinion is that the longer term is the better for the gen
eral welfare The offices which are about create
regard very imporlant and regarding them, think
il duty to determine them enable US select
the very best that be had in The country to fill
them and then, if this be true think ought never to
subject men of that kind to political influences, by which
they might he removed every two, four six years"
The question being taken on the motion TO strike
out "twelve and insert three" it was carried in the
affirmative. Mr.. Clay and other distinguished sena'
tors, voted for the motion. They did not express
their views in reference to the subject but Mr.. Whit
come no doubt, furnished the clue to an explanation
Of their vote.-"The arguments used in other cases."
said Mr.. w., sin favor of long term do not apply in
this case"
NASHVILLE COMMEMORATIVE following per-
sons have been appointed delegates to the Nashville
Convention from Virginia:
LIST District, R. A. Urquhart Wing, and Tazewell
IL H.. o. I rI1i Ill