Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-08-05

for although the Constitution authorizes the re-
moval without assigning reasons, public justice
backed by public sentiment. requires that such
sentence of removal which is greatly Injurious and
highly disreru,abe in its consequence, should
not be rendered without at least some observance
Of ordinary firms of trial which are considered the
brth-right of the lowest subject. The charge is
"neglect of duty" Was ever anything more in
defnite2 1t would almost be impossible in refer
ence to the numerous duties Of a Judge under any
form of statement to spread the charge on the
record, and care not how guilty the Judge was,
the difficulty of proof would be still greater, url-
less the neglect was confined to few particular
cases which is utterly improbable. Thus would
a prosecution fail although every citizen in the
District knew the charge was true. say then
the only remedy is periodical elections if lie is
a good Judge he can be re- elected, if bad one
he can be got rid Of, but under the life tenure
| there is no redress.
| Such, gentlemen, are my opinions and some
of my reasons for them, on whatI understand are
considered by you the most Important questions
of reform. Should you do me lhe honor to elect
me will feel myself pledged 10 carry them out
as far as practicable should my present opinions
undergo no serious changes. Should they under
go such change, which think very improbable,
/ will feel myself bound to let you know, SO that
you shall have chance OF having your opinions
faithfully represented in the lConyention. All
the opinions here expressed hate been entertained
for several years, as is well knSwn to some of my
friends, but that have alwaysentertained them,
particularly those which hav3 expressed in re-
aton 10 the Judiciary, do Not for moment
pretend. Until within the last Sew years | was
in common with, as believe, nearly all the peo-
pie of the State, as decided an opponent of an
elective Judiciary, and to term tenure as any
person could be, but an experience Of the evils of
the present system and theeAperience of the ope
ration of the change proposed, in other States, in
considerable majority Of which it has been tried
and found as far as it has gone to work well, has
convinced me of the wisdom of trying it here
The truth ls, our reverence for the good behavior
tenure was derived by our forefathe1s from our
English ancestors, underWhose system every per-
son IN the least acquainted with the British his
Tory and constitution must at once admit that the
life tenure Of the Judges was the greatest acquisi-
ton and safeguard to English liberty against the
entertainments Of the Gown. Without ii all the
other barriers extorted By the people from the pre-
negatives vi The crown aMr ages of contention would
have proved unayailing. The Crown having the
right to originate criminal prosecutions when and
against whom he pleased, and having the power
until the revolution to remove any judge at pleas
tlre no would not conyet any man OF any charge
he thought proper TO prefer, and in numberless
cases Judges were turned out who We're unwilling
to execute the biddings O the Crown and Judicial
butchers pnt IN who put 10 death hundreds of in
nocent men. Was it any wonder that the people
Of England after having obtained such a security
should cherish it with more than reverence
Here the case is entirely different. There the
King wheu once installed into office regarded all
his preyogatives as personal privileges. As power
derived from Heaven not from the people. He
was OF course constantly struggling to enlarge his
powers and strip the people of all their rights
The stripping him of his light to remove Judges
was dea'h blow to such attempts against the
people. But here what benefit can the people de-
rye from stripping Judge of power, unnecessa-
ry and unjus'ly. 1t adds nothing to them, but
would do hem an injury
As am but very slightly acquainted with the
people OF Augusta and Highland and have had
but I'i'le opportunity Of making known my opn-
IONS, have deemed it proper to argue the various
questions now before the people, mo1e at large
than otherwise would have done
DAVID E. MOORE.
July 10, 1850.