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

We make the following extract from the adj.
dress of ROBERT E. ScorT, ESQ.,, Of Fauquier,
giving his views with regard to the election Of
Judges, and the tenure by which they should
hold office. The reputation of Mr. Scorr, as a
gentleman of profound legal learning, is co.ex-
tensive with the State, and his opinions, are,
therefore, entitled to great weight
| would have the Judges and Justices elected
by the people would have them elected BY the
people IN whose Courts they are to preside. and
IN whose presence they are to administer Justice.
Better men will be selected If party feeling enter
into the choice, competition will secure the best
qualifications that parties afford, which will be
an improvement on the present system. ] have
no fear that party prejndices will unduy intrude
itself into the judgment seat and disturb the 1uss
balance of the equal scales have no fear that
the pure ermine will be furnished by its filth
The controversies of suitors arc committed to the
hands of learned counsel, and are to be passed
upon in open court; the Judge must stand upon
his rendered reasons; any mistake of the law will
be noted, and the lynx-eye vision of the advo-
cate will readily detect the slightest deviation
from that impartialty which is essential to re-
spect.
hazard nothing in saying that in a character
for impartaliy Judge would always find the
his circuit; whilst in the opposite he would be-
sure to encounter the most insurmountable obst.-
Gle to his re- election. An ignorant and corrupt
Judiciary hold to be the greatest curse with which
people can be afflicted but from indulpinp too
long in ancient habits of thought, and concedinp
TOO much to ancient opinions, many persons of The
present day confound an elective judiciary with
that great curse. But we should reflect that
Judges are but men at last; the gown does not
feleVe them OF the frailties of nature-passon
dlsturbs, Partially induces them, and huweve,
appointed the man remains the same. 1t is NOT
in the mode of appointment that security is found
against the undue influence of improper motives.
1t is in the dignity of the office, the sense of what
becomes high station, the appreciation that follows
Official integrity, the disgrace that attaches to
criminal delinquency above all it is to be found in
the responsibility that springs from an open court
room and the rendered reason. Constantly en-
gagged In deciding between parties when feelings
are excited and whose judgments are crushed by
the strongest passions of our nature, and in re-
pressing the vices and furnishing the transgress
ions Of the worst part of the communty-with-
drawn from that intercourse with the masses
which, while 1t affords opportunities to explain
what is ambiguous and vndca lie what NAV an.
pear censurabe in his official conduct. would en-.
able him to coneliae friends and enlist advocates
the Judge must "stand upon his rendered rea-
sons" his only shield his unquestioned integrity.
II lor OFFICIAL acts ne be unjustly accused, ready
defenders Will vndicate his innocence The pub
TIC VIII appreciate the situation in which he stands
ana never forget that he is the guardian of the
poor and the weak from the violence and iniustiea
OF the wealthy ard powerful that whilst he pun
lshes the guilty he protects the innocent that he
is the shield which the constitution has interposed
between the prosecutor and his victim the gov.
eminent and The poweress individual.
The following is from the opinion of ROBERT
e. SCOTT, Esq, of Richmond, gentleman who
enjoys reputation equal TO tLat of his distin.
guished namesake, though they are opposites in
politics:
81 believe that these attributes may bs pre-
served for our judiciary, and the true spirit of our
institutions be preserved and elevated, by giving
10 the people of each district directly the selection
Of our judges mean the Judges of our District
Courts. All experience teaches us that, the more
direct the agency Of the people is brought TO bear
in the selection of their public agents, the deeper
is the interest taken by that people in the proper
conduct OF their affairs. Our people are deemed
| competent to elect the members of our Legisa-
ture- to choose those who may make laws for w
who elect our Governor, our Council of State,
and many other officers, and those who are Deem
ed wise enough to elect our Judges and select for
us two Senators in the Congress of the United
States. That same people have the privilege Of
selecting members of Congress, and even some
times of choosing those who may represent them
in convention for the formation Of constitution
Nay, they are even trusted with the high power
Of selecting President and Vice President of the
United States--two of the most important trusts
which can be confided to human hands-and vet
men stand aghas1 and hold up their hands, in b.
sumed or real holy horror, at the bare suggestion
of permitting this same people to select District
Judge. have no fears or difficulties on this
part of the subject. believe the honest and fit
Judge would be just as Independent and prepared
to do right, whether he be elected by the General
Assembly or by the people. Contrasting these
as the only two modes of appointment now practi-
cable, have no doubt that the people of district
will better understand the merits Of aspiran,s for
vacant judgeship than the Legislature. there
fore prefer an election by the people to one by the
Legislature"