Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-07-30
For The Enquirer.
No VII.
MODE OE III El"rINIi CIRCIIT JUDGES

| For the Enquirer.
ii No. VII.
MODE OF ELECTINCi CIRCUIT JUDGES.
: Some oil the objections o an election BY The people ar
sFeate when the election is for large than when Il Is ipr
small territory greater for example, TO an election ot JGcc
OF the Court oi Appeals by The people OF the w'o!e OF TN
State oi Virginia Than election o Circuit Jud es by i
people OF the circuit. Yet the question 10 The Circui
Judges whether they shall be elected by direct vote Of t
people, deserves serious consideration.
Ii We should have any officers elected by vote OF tin
people Throughout the Smte-i!, unfortunately tie people .
the CoIlnon"ea should have inflicted upon them The elrc
ton in that way Of either tie Governor the Judges Of liz
Court Of Appeals il would work very badly to have elections
~ the san. tI:. ~ o.cr Offices. Tie candidates IL! I'M
higher Offices of which The people Of e whole State wouf
vote, would be designated by OF each party;
each sd, incre would b. ticket containing the aIcs
candidates for these Offices: ilc ticket would h:ve Ill,
names OF persons proposed Tor the local cices and whoever
voted Tor The highest officer, ticket, would alaosi inva
rl5y Vote ior all the other officers the ticket wc
hcr or the circuit Judges county officers The election
IL Ia The whole, would thus be made turn til,
question which Of The candidates proposed or Gael
particular Office best qualified TOR that c!ice but
the question who should be elected lr the highest Office fol
example, that of Governor. That candidate for GlreRor
question M who sh1 be- o' s Of Ua 9a % San %
would along with him Ill other officers the
ticket without reference Ia their fitness untncss Tor III,
particular offices for which iEcv might be proposed. The
on possible Of avoiding this consequence would bc Il
have The election Of Judges any local officers at dr1
time rom the election 81 Governor, members o! the Legsa
urt, and members ut Congress.
Even with this ccauion, il IS ir from being certain tia
IN election by the pcop! would BE- any Improvement i
present mode, nay there is serious danger that such chang,
NAV bring greater evils than We have When
e:ils suffered il is moi enough 10 cry "Gt clnschang
Tie material thing is 10 make change that will remedy
those evils without bringing greater. Who sa!
that the proposed change III the mode o clccng judges Is
of this nature!
In IIrsiaia Justice think has been often deferred
5ut alleges that il has been sold. Say what We may
the bench about their wanting ability legal
learning, the capacity 10 dispatch business 1t must
hnk be conceded that judges not 10 bc charged with
corruption In respect 10 any matter tending That way they
will compare ivorbly with other branches ri the govern
mcn 10 nil-c the vote OF legislator there may be used
appliances that judge would spnra. That Jndlcill purity
which have i had should be careful not 10 under
mine. put il the cam reecting man, whether there
BE- danger ol undermining IL ii make them undergo The
ordeal of n popular election Now JUDGE will refuse to
sit in in respect 10 which there anything that would
bin, might be supposed To bias s dccsoa lc Viii not
he be Interested in il related of The parties
c has been counsel III H. Is all this 10 be changed or Is
there BE- the singular Inconsistency Of your having
Judge who will not slt in case "r such reason as nave
lus mentioned and will sit in between two men,
one Of whom has voted for and the other against him
Some Of those who advocate the election OF Judges by the
pcplr seem to be sensible o the ndccacy, ii the abso
uc improperly Of Judge sitting under such clrcunistan-
ces voice from Acomac has told us that ''thc Judicial
ought be organized as IN remove the bench
from all political and personal influence of elections that
no jne 'hdE Sh atone ~ caSs 'rhefc one q re dS aiS
roied for and the otier against him" This ~ are "id.
NAV b. avoided by various plans Of oIganh3on but how
we are informed have reflected somewhat about II,
and am loss understand how the system is IL work
if the people of the circuit 10 elect their Judge and
taI nudge not To decide case for against any who
voted for or against him. Perhaps the plan may be- 10 con-
lc him tie decision oi III WHICH none are parties
but married women infants aliens and other persons not
exercising the right oi suffrage, or possibly te plan l. II m
decides cs between adults who vote allow him 10 make
-c decisions not in the circuit lOr which he is elected but
III a different circuit.
Whatever the plan may be- the other o two ccnse-
leircs is likely The III circuit eltc.
~ choose the Judge decide their cases or they not
Il The , oi a circuit be chosen BY the Of
that circt hut BE- chosen by the people o different cir
Cit il strikes those had well leave Tie
election in the hands ol men whom they have chosen TO repre-
-,rt them the Legislature, place il III tho hands ni
others over whom thev have control If the other hand
The in circuit 10 choose the Judge 10 decide teif
will be di.trustcd" Without showing improper diss ot
the people one OF the people thinks that he may well dis.
trust Judge elected by the people who have interest IN d.
rect cause that he is decide Did the trainers Of the Con
sti;uton of the Uncd States have for the dis
trust which they manifested when they created Judicial
power upon cases rs to which the STATE JUDICIARY
iuht have some local 5as Here the ground OF ds,rus;
extends further There is reason 10 tear that the tendency
OF the system cecling judges By the people is 10 make
the Judges eater Tor popularity not eAacy ol e ts SOFT;
The man who is worthy Of elevation 10 The bench siou
treasure in his memory the words Of Lord iNlnfed Il
wi- said that great judge popuarity but 1t t:t poph.
iritv which follows, that which s run after lis that
pnpiar,y which later fails to do justice 10
The pursuit of noble ends, by noble means"
coni rlasc Of the Bili Of Right, Of Vrsinr which declares
that m power is vested in and consequently derived rom
he people, that magistrates are their trustees and servants
ard nj all times amcnabc them Ii Is little curious To
-cc whom credit is given for this principle, and
what use is sought to be made Of It in connection
with the Of Mr Jsfersoa writer in the Ricmcnd
Engurer of the l0lh june under The signature o Re
fr6 after quoting letter Of Mr.. erSon tolin.
how his preamble became tackled 10 George UlonS consl-
on quotes from that preamble the declaration above
cited and speaks Of this preamble of jefferson 'conan
ing the most beautiful summary human rights
el idea that the author of Reform had any IN
,rniion 10 nsreprcscn but has gone 10 work TO reform
without being entirely accurate The passage quoted oy e
author of Reform he found in Mr.. fersons pre-
ambe He has conoundcd that preamble win The I'LL OF
Rights by George Mason. That beautiful Summary
%, human rights which the author ot Reform So much
relies in opposition the Constitution OF 10, was pennei
hv ,he very man who drew that constitution. And the
nant Of Inc author of Reform st the Constitution has
violated the principles laid down in ie paper from which he
alocs IN cect, that George Mson, in his Consi-
thu, Gorsc >on in his Constitution has violated what
t;corge Mason said in his Bill OF Rights.
/, possible that the author of Reform can cSpound the
PRINCIPLES pf the Bill oi Rights drawn by George HiSon
better than george Mason has done himself IN the Consitu
lion which he drew bu, shall be very sow to believe H.
True it Isl in the language Of the Bill Of Rights "ihat al
power is vested in and consequently derived ron the peo
ole But is it De maintained that the people should con
tro Judges and influence their decisions in like manner as
the, NAV control members Of the Legislature and influence
their legislative acts Members Of the Legislature may o'
elected with direct reference TO the particular questions
which viii before hcn and MAJ even be Instructed oy
lie people their those questions Ihcy are INC
REPRESENTATIVES the people. But JGdges siond he ecc
IT,. with reference merely their general qualifications ioI
correct and propcr decision c the causes and dispatch
NJ c business that will come before them, not with refer
enc 10 their opinion particular controversies between
Individuals Among the many schemes OF reform maj are
.@uru
,hi The people shah Judge how he shall decide
uarticnlr case Yet this would be Legitimate consequence
the proposition be true that rs the members oi the Legs
tive and Executive departments Of the Government are the
trustees and servants o the people, and at all times amen
able In them the judges are in like manner Their rus
fees and servants and much subject 10 influence and
control.
This however is directly connected with the tenure Of h'
Office Of judge subject which will proceed 10 consider in
the next number. ONE Or lht. if.oi i'i,.
For the Enquirer.
CONVENTION CANVASS IN KING WILLIAM.
, Yesterday, though rainy day, Messrs Scott, White
Douglas Carter Braxton and Bassc candidates for seats
in the State Convention addressed the people Of this county
Many who old enough Ia remember the Convention
canvass of 1920 when they conrased the ability standing
and doctrines Of the present candidates "ih the former
could but cxclan "What fall is here my counIry'nen
The views of government which the Candidates put ortn M
our last court such the statesmen OF old kepuo
en- Virginia would have bished 10 have cnteraincd-they
were crude undscs;sd sch"o-boyish and radical CnreE
sal suagenivcrsa elections by the people OF every BODY
from the ConstbleS up the Governor The elections
Judiciary, from the simple and qnpe,entng Jgs',ss u!
the Judges of the Court Of Appeals are To be periodically
made by the universal slraser These views might sui
tic latitude Of Tammany Hail. but not the sound dheaEied
, | ,f ,ld | sh0ul