Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1852-03-22
The Judiciary.

ed on 70 perform Tue "oS'
Of selecting those who are 10 interpret tne
Iaws.and preside over tho min'stra''on' OF
;us,;ce.. We characterize it ~ q RESPONSE
lie .luty, becsuse.to the tribunals. thus con-
sti,u,od and appointed. will be- entrusted.
in the various contingencies to which hu-
man affairs are subject. the property
tho persnnal hberty-the lives. AMI rep"-
ta,ious of all the citizens Of tho Common
wealth.
Or tho many fundamental changes. in
.roj uccd into our system Of government
by the New Constitution. We have BEEN
and are, most distrustful Of that which re-
latcs to the Judiciary-not SO much be-
cause we doubt the ability Of the people
to determine the qualities that should be
pos.e.sed. az that We dread the effect upon
the Judges themselves. OF the constant
sense of dependence upon the people. TOR
n reelection. True this should. and with
manv, will be a stimulus to greater ener
evand the more diligent discharge oftheir
duties; but it will also be temptation
to the practice Of demagoguism and par
TALLY.
To avoid evils of this character, and 10
preserve the Independence and purity Of
the bench. j, is Of indispen sable moment
that the people should elect to office men,
who are morally incapable of acting fro m
selfish. or cowardiy. or corrupt motives.
The incumbent of Judgeship should be
a man, who would not. for an empire.
swerve hairs breadth from the path OF
integrity-who would hold his life cheap
forfeit, in defence of right-whose stub
born honor, and no less stubborn courage,
neither the hosannahs of friends. nor the
deep damnation' of enemies could move
In addition to these moral quaiihcatIons
he should be possessed of a sound and
discriminating in'ellecr-capacity for pa
tent hearing and investigation. and OF an
accurate and thorough know ledge of the
law.
1t should be especially considered by
the people. that the Office of Judge is not
tina, ola representative. Though the ser
want oi the people, he is not TO reflect the
feelings and wishes oilhe people-farther
than those feelings and wishes are EN-.
bodied in the laws Of the land. He siands
between them and the sovereignty OF the
State-bound at all times to MAINTAIN the
supremacy Of the laws. over the symPa'
thies and prejudices Of the popular mind,
and in spite Of the caprices or clamors OF
the crowd. He is not. like the politician.
elected to carry out the will of his con.
.,ituency. but to sit in judgemen, on them
Ito punish the guilty-to protect the in
nocrnt-to do justice to the injured. and
TO adjust, the ,housand-fold misunderstood
ings. arising from the transactions of bust
ness.
II the Office Of Judge be not represen-
tative. still less docs it partake of Poilt-
cal and party character. And, although
we have been told by political organ,
that it would be embarrassing" to vote
between two members of the same part, a,
yet in our judgement. the people had bet
ter resume the protection of their rights
into their own hands. and defend them nc
cording to the usages and by the resour-
ces Of nature. than be governed in the Sc
lection Of their Judges, by the miserable
test of party association. We can con
ceive how. under the infatuaiion of ran
corous and lnveterate spirit Of party intol
erancc, men might be Influenced in the Sc
lcc,ions of their physicians, their preach
ears, their companions,or even their wives
by considerations Of that character, but ii
passes our comprehension to imagine how
man could bring himself to disregard
the essential requisites. of learning. intel
lect and v.rture in Judge.and b CONTROL.
ed by the fact Of his political connexion.
We have read. with much pleasure. a
correspondence, that has taken place be
tween the members of the Stanton bar,
and Judge Briscoc G.. Baldwin Of the
Court Of Appeals. in which he announces
himself. at their solicitation, a candidate
for re- election to the office he now holds.
His views. upon the particular subject we
are considering. are presented in so car
nest and pointed manner. that we cannot
d. better than ask for them the readers al
ten,ion:
You have been pleased. gentlemen, in you,
kind appreciation, however unwarranied, Of my of
fetal conduct to say tina, you tender it without dis
fincton of party. and this, by implication, stronger
than express words. acqIits me Of all suspicion O
having carried TO the bench the bias Of party
And shall cherish the thought. whatever may b,
the result of the election. TO the latest moment o
my life abhorrng as do, from Tie bottom II m,
soul, the crime of infusing poison into the fountain
He who commits it, or ever falters for n moment
between friend and foe, whether personal or poiti
CAL the administration of the laws is wretch un
worthy of human sympathy, and deserves, in.teac
of the crmnc ofjustiee. the rope of the hangman.-
Such monster has never yet been known to tn,
Judicial annals Of Virginia, and pray to God mn,
never in all future time, disgrace her history. Bu
that only be guarded against, eiectunly by tn,
people. now that the Judges To be elected iior
terms of years, by frowning indignatly upon every
proportion to admit party politics ito the est.
mate of qualification for the Judicial Office. No IN.
teligcnt man have the slightest faith in its wis
dom. justice: decent can venture TO a
vow itas principle Of actiun. Ii is too much to
expect from human nature that those who are elect
ed periodically from party considerations. will no,
be exposed to the temptations OF doing party work,
however filthy.