Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-08-14


dspleasure and Of those that he does decide point m The
decision Is frequently ofso little importance, that it has lit
tie Or no weight on the final result Where 1911 excItes
the resentment Of the paes 1t concliates the favor
of the other and certainly the decision OF those unImporan
are not likely to afouse that general feeling Of re-
sentiment amongst relations and connexions against the
Judge. which some gentlemen SO much deprecae.
IF the case is of considerable Importance as the right OF
appeal would always exist both in civil and chancery eau
ses certainly men would not be 30 unreasonable as 70 I'M
pugn the motives of the Judge for deciding any point that
might arise in the progress Of cause vhen the Judge
mus, know that such decision if erroneous, must almost
certainly be exposed to the rigid scrutiny OF higher rbu-
na It would be certainly The greatest folly to say MOTH
ou worse for Judge to decide point or case wrong,
with view to popularity when he knows the case like
" to come back with the wrong exposed by an Appellate
Court But after ALL amongst all the iitgants who VIII
90 before any Judge during the term for which he is elect
ed they will hardly constitute onehaf if one-thrd OF the
voters of the District Certainly it may be predicted that
those that will have any preext for considering the act OF
the Judge as specially injurious them, will not constitute
opetenth part of the voters The great will be per-
ctly impartial so far judicial acts are concerned and
thew will be deeply interested in sustaining upright and
competent Judge Will they be disposed to lend them
selves in SO important matter to crafty the malice OF dis
appointed gants, especially when they must know the
cause of their dispeasufe have apprehension of any
grea; danger in such cases.
With regard to cases involving Constitutional questions,
or in other words when the ordinary Legislation is alleg-
ed not to have kept itself within those limits which the peo-
ple in their Constitution have prescribed whether those
limits be prescribed by the State Federal Government
for instance. where there was attempt to take private
property for public uses without just compensation, or to
mass laws making acts unlawful and criminal after the acts
were done. and which were lawful when done, when
the Legislature would pass laws imparng the obligation
Of conrac,s such as the relief laws which the Kentucky
Legislature passed years ago, by which every debt
in the State was virtually cancelled When such laws as
these are passed. and when the tribunals OF the country are
called upon 10 pass Upon the validity of such laws, passed
as they must have been, with the sanction OF the majority
of the people, and when these tribunals are periodically
subject to the ordeal OF the people, would make
the duration Of their tenure longer from the lowest to the
highest than if they had only the ordinary judicial func-
tions perform and NO organic law to interpret And as
the Court of Appeals is not more created for preventing In
Justice in individual cases. than for the purpose OF giving
uniformity and consistency to the laws Of the State, and
binding by its decisions and authority all inferior tribunals,
would make its tenure longer than any, and elect the
Judges in rotation put majority Of the Court be-
yond even the power of majority of the people, for Pc
rod long enough passion subside and temporary eau
ses of ribic embarrassment to cease to operate.
This brings me to the last branch Of the subject the ne
cessily Of periodical elections insure industry and fidelity
in the discharge OF Judicial duties Whilst It may be ad-
mited that servile trucking and corrupt Judiciary lsone
of the worst curses under which any people labor, yet
lazy. ndolent and inefficient one is not much better.
The long delay of Justice is in numbers instances worse
than an absolute denial The last Convention, sensible OF
this defect IN The good behaviour tenure, devised the best
remedy they could correct it, That remedy has utter
ly failed as nearly all admit foral suggest additional
remedies For although, perhaps, majority OF the Judges
may have done their duty, considerable NUMBER nave
failed and some have grossly failed. that the Legsla
,ure have in more than instance appointed an addition
Al Judge to enable the Judge Of the particular District 70
discharge his ordinary duties.
n then the wisdom Of the last Convention failed to fur
nsh an efficient remedy for the evils of the life tenuewi
that of the next be likely be more successful lheac.
is the defect is inherent in any remedy that fas snort
periodical elections; there I as has been well saia no
halfway house. Who is going to take upon hlmee Gun
less stimulated by personal magny which is sure TO de-
feat itse) the odum OF impeaching Judge before the
Legislature for neglect of duty in which he no more IN
teresed than thousands others, where the charge must
undergo long investigation before the House oi Deegaes
and if not arrested there, still longer one before e oen
ate? But suppose those difficulties overcome "na' Is
the nature Of the charge he must PREFER ter atho 'he oo
st,on authorizes the removal without assigning reasons
public justice backed by public sentiment requires such
sentence Of removal which greatly injurious and hlgh
" dsrepuabe in its consequences, should not be render
ed without at least some observance Of ordinary forms Of
trial which are considered the brthght Of the lowest
subject. The charge is "neglect Of duty" Was ever
anything more indefinite? 1t would almost be Impossible
in reference to the numerous duties of Judge under any
form of statement spread the charge on the record ana
care rot how guilty tho Judge was, the difficulty PROOF
would be still greater unless the neglect was conhneo 70
few particular cases which is utterly impossible. mus
would prosecution fail altho' every citizen in the tstfIct
hneW The charge was true. say then the only remedy Is
periodical elections Ifhe is good Judge he can he re-
elected if bad one He can be got rid Of but under the lie
enhte there is no redress
such gentlemen, are my opinions and some OF my rea
sons r tkeI iii what understand are considered you
the iost important questions Uffeorm Should you 10 me
the honor to elect The will feel myself pledged carry
them ou, as far as practicable should my present Opino'
uadetro no serious changes Should they undergo such
change which think Very improbable, will feel myself
bound to lei yoa know that you shall Have chance or
having your opinion faithfully represented in the COnven
venton All the opinions here expressed have been enter
tanned t several years, as well known to some oil my
friends, but that have always entertained them parc-
ulary those which have expressed in relation to the
Judiciary do not for moment pretend. Until wl!hin
the last few years was in common with, as believe
y all Of The people Of The State decided an oppenen' o
an elective Judiciary, and for tenure, as any pers0"
could be- but an experience Of the evils of the present
tenn and the experience of the operation of the change pro-