Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1858-09-18
An Elective Judiciary.

convictions OF its improperly. recent occur
renee in Tennessee has furnished notable exam
ole Of the effect of submitting these elections &c
the fat Of the people, and has also been the occa
sion Of very general comment from the press
The people Of that State we're called upon to elect
Chief Judge for their Supreme Court aud 1T
was understood that the present incumbent would
be candidate for reelection, whilst apprehensions
were entertained by his political friends that an
opposition candidate would be started On tho eve
Of the election, who would insure his defeat In
deed. il would seem that a nominal candidate was
even then in the field, whom, as we shall presently
see it was the policy Of the friends Of the sitting
Judge to ignore Upon the day Of election, how
ever, the friends Of Judge Wright, above mention
ed, circulated an anony nous hand-bill in Memphis
where he lives setting forth amongst other things,
the following:
Il supposed by the schemers that so little in
terest is felt in the election, in consequence OF
their being butoue declared candidate, that Judge
Wright. friends will not turn out in force {" the
polls We doubt not, from tie secresy, With which
the movement has been conducted, that the Theme
is widespread and extends to every county in the
State.
judge Walker il not candidate. and we are
sure not party to the contrivance. There would
not be the slightest difficulty about the election
of Judge Wright if the opposition to his, had
been fair and manly. and we trust that, even now.
his election is secured Yet, beboves his friends
to rally to the polls to a man. aud to crush with
honest indignation, aud with the power OF an
overwhelming expression, scheme 10 Dishonest
in itself and 40 rcpugnani to the character OF
fair contest. Let then. the friends Of Judge
Wright leave their counting rooms and their work
shops to-day, and show that Memphis, his home
ut least does not countensncc the fraud attempted
to be played
Now notwithstanding the assertion made in
this handful. TO the effect that Judge Walker was
not q canddate-and the further fact that this in
telligence through this means, simultancou sly
circaixscd in every county in tive State, when it
was too late to correct it--Judge Walker m,'s a
candidate for the Office in question but with what
chance of success may be readily inferred from
the character Of those by whom ne was opposed.
We have scarcely crer heard Of sack an unworthy
trick being played Of, even in politics, bat when
applied one Of the arts necessary to decide n
contest for high judicial Office, it seems 10 be in
vested with peculiar strocity.
1t is barely possible that he for whose benefit
this unwe rthy device rractised knew not hing
of it: but = system that il susceptible of such
ever. We cannot better, por 50 well express our
conclusions upon this subject, as the New Orleans
Builetes has done in the following:
And to tils mplexion Judicial elections in
this couHtry have come at last This ts the beau
tful system 10 which 70 look Ter ltf stice.
for evanhandei, rigid, impartial Justice between
man and man. Not only the inferior magistrates
but the members Of the highest tribunal known 10
State IRE compelled 4" wade throy gh TIE filthy
pool and bedfaggie their ernine in it. one of
whose streams Is fifty Swallowed firth above. \
trick as disreputahle II dishonest. as wRs
sorted to by the smalles, and most unsrTupulous
politician for a in borough council is
ceiyed and executed on the very day of the cleo
tion te elect enc candda'etor n supreme ladgeslip
and defeat another.
Now, we put II to respectable citizens OF all
parties whether they willing TO give unite
nance and support To u system which IL caps BILE If
producing such results as these? which Is IA pable
Of being worked in this manner TO accompli sh any
of its ohjeetss Are they willing to have their
rights passed upon by courts u the last resort
created by such mcans' DO they in csudor believe
that the permanent effects of such syste III will
be, can be- beneficial, promo,ive ofustice, law and
order, the great ends for which courts have been
constituted and for which they supported ut
heavy expense.
Perhaps may say thHt the alleged
facts stated in the anon mous handful orl which
we have quoted may, after all, true to the very
letter. Very well; grant that this I've 81. Then
look at the facts in this altered light Our system
Of electng Judges in this State is such that il nj
lows 'cunnipgly devised scheme to be concocted
and kept secret up 10 the very day Of popular de
cison for electng q certain candidate, who hy
his opponents. was not supposed 10 be in the
field at all, and consequently of defeating one
who was known to be. Take which nor Of the
dilemma you choose 1t cannot he den led that
oh huy hppn and no
in any election for justices Of inferior or supe-
rior courts in any State where the system pre-
walls
1--WE shall probably be told that tho system of
electing the members of political or civil bodies
is equally susceptible Of being prostitu,el to evil
purposes. We admit the fart, but here IS the vi
tai difference, however between the evil which
may he caused by such prostitution in reference
to the election Of judges and that in rele to
political afairs the members of a city council
or State Legislature, or Of Congress- may be cleo
ted by foul means, and they may be q dis, grace to
their constituents; but the property and lives of
those constituents arc not Immediately in their
hands. Their acts, in most cases. have to be pass
ed upon by others before they be carr led into
effect. The council may impose an uniu st and
arbitrary tax, but the court--if that be he nest-
saSs TO the citizen. No, you may not pa y that
tax and IT'S authority relieves the said citizen
from the imposition. But there many things
which concern the citsen the decision Of wi itch il
final with the court How many questions there
are about which there is appeal from the decis-
ion Of even inferior court! II one memt,e of
the Council or Legislature be villain his yiainy
may not b available because 1t is checked BY tho
presence Of other and honest men. No court in
the State however. except the Supreme Court,
has more than one judge, and if be be corr upt
his power may afhct half the citizens whodid OF.
and even these who did. vote for him. And in
reference to the Supreme Court one Judge turns