Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-03-18
Election of Judges.

The opponents OF an Elective Judiciary, say
that the independence of the Judge will be de.
stroyed, if he is elected by the people. The
following extract from the speech of MIR. WILL
L1Aa1s, in the Kentucky Convention, meets this
objection in such manner as our opponents will
find it difficult to answer -
But it is assumed that Judge elected by the
people cannot be an independent Judge Let this
be proved. Can it be? might with as much
propriety and truth assume that Judge appointed
by the governor or legislature if he held his office
for ten years canno, be independent. When gentle
men talk of an independent judge, what do they
mean2 Independent of what? To owe no meas
ure Of responsibility to the hand that made him ?
To feel and to know that in the discharge of his
duty he is wholly free fiom all improper inf1uen-
ces, which can be brought to bear upon him. by
the power that brought him into Officer Then
be il so; then how is it that this birthright Of
mans nature is furnished, and he is made to be
creature without one Independent thought, by
bringing him into office a: the hands of the peo-
pie? Who are the people? Are the li,gants
in our courts Justice the people2 When the
people speak as an appointing power, it is by their
united voice, not by the voice Of the insignificant
ly few who are engaged in litigation. The great
multitude; the mighty masses who are engaged
in the peaceful vacations of quiet and indusir-
GUS life who know nothing of the chicanery Of
your halls of justice, and in whose bosoms Teposes
the safety of our Institutions; who are intelligent,
and who know the difference between the dema-
gogue and the patriot statesman; between the
charlatan and the we'll informed, honest hearted
jurst, will compose the appointing powcr-no
those who sue and are sued and if by chance an
i-minded sycophant were to get npon the bench
and he willing to stain the purity of the ermine
with which he is clothed, and were to act upon
the principle that his opinions as a judge, mast
conform TO the wishes of those snitors, whose
wealth, or power or influence he might imagine
could most avail him, in his grasp for continued
office, by what rule shall he be governed in his
calculation OF the chances of success2 Cases
extreme cases, are put on one side every ltigan
is man OF fortune and influence on the other he
is poor wretch without money and without
frends-the first has voted for the Judge, and for
the clerk, and the sheriff, The other has voted
against them all, and it is asked in triumph, if in
sach case as this, the judge can decide according
to that which is right. If the poor man has the
right upon his part, and a corrupt Judge decide
against him, will not that Judge when he comes
before the people, be as apt to find that the very
act by which he expected to gain an advantage,
has been the cause of his defeat? Such cases
when put proxe nothing. The truth is, that
suItors in court are, as general rule, to be pre-
sumed as equals in fortune, standing and Influence,
and judge, even il he be plant piece OF sub
serviesney, will find, that his surest chances for
retaining his position, consss in faithful discharge
Of the duties of his office, without regard to the
consequences upon those who have appealed to
the law for redress. But after all, Mr.. Chairman,
there is bat one way to obtain an independent
Judge, and that is 10 select an honest man, a man
of pure heart, and virtuous life Honesty is the
true metal out Of which you are to make an indie
pendent judge. Let clear headed, we'll informed
honest hearted jurs. go upon the bench, | care
not who appoints him to Office, whether it be the
governor or the people, and venture his judicial
conduct will reflect the man and represent the
law even if the Heavens fall. But | forbear.-
There are other matters yet to be considered and
| hasten on TO them.