Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1860-05-18
BY REQUEST.
From the Spectator
Judicial Election.

last communication, that a Judge should be
aud legally qualified to perform
the duties of his Office, aud, besides, have
dignity of character and department; that
the checks, responsibilities and limitations
of the present system Of the judiciary, great
ly favored that dignity. but not SO as to pre-
vent many of the evils Of the old system from
occasionally appearing in the new; that the
character Of the Bar ought or should COM
mand the respectful confidence of the pub
lie, as much as that Of the Judge; and after
explaining true dignity Of character and de-
pertinent, showed that an exhibition of par
tiality to some members Of the Baraand Of
prejudice. dislike. or want of respect to
others, by Judge While holding - Court,
was an act of great inasatice not only des-
t;tnte Of ALI tue dIguis, uup,asuticgl Greatly
70 advance the standing and interest OF his
favorites, and caush and destroy those hav-
ing his displeasure, / now propose to specify
such acts Of "a Judge as never fail to truly in
dictate his feelings towards The Bar, VIE hel
of favor and kind consideration, or of ill will
and want of consideration.
It was alleged that the lawyers were gen.
tlemen, and should be SO regarded until pro-
ven to the contrary. Was that allegation
true They have to obtain certificate from
the county Court Of their respective counties,
Of their high moral character. before their
application for license to practice the legal
profession would be heard; and then, to be
permitted to practice, they must submit to
the rigid examination of three Judges as to
their legal attainments, and obtain the GER
tifcate Of the same Judges as to their quail
fcations. These are the acquisitions to
commence the practice of the legal profess
sion; but to commence and keep the conf
dence of a discerning public, they must be
industrious, studlous and educated. These
are the men that prepare and submit the
business to the Court for its consideration
and decision.
1t cannot be presumed that such men,
thus educated, should be ignorant Of their
duty and rights, or unmindful Of those ofthe
Court.
They should approach the Judge, during
the session of the Court, as a gentleman
and not as master. with all the freedom Of
honest men conscious of their rights, and in
pursuit of legal object.
If, from any conduct of the Judge. how
ever. the Bar feel not thus free, they are
slaves, and he their master Being depri-
we'd of their inestimable rights Of liberty,
they are no longer fit to defend the rights Of
freemen.
If, however, from Partially. the Judge
permits some members Of his Bar to have
freedom, while, from prejudice, illwill, the
love of power, or the exhibition of his au
thorty he depriyss t otEsEs # Liberty sa does
irs of his favorites, and paralyze, if not
crush. those of disfavor? What must be
the inevitable result of an argument of a
cause, without regard to the merits Of the
case, or the ability of the counsel making
the argument, before such Judge, if one
side be represented and discussed by all ad-
vocate having the favor of the Court, and
the other By one having its disfavor? Ger
talnly the advantage must be great ON the
side OF the favorite; and he must be on the
wrong side, indeed, if he does not gain the
case. This must be the case when the coun-
sci on both sides are of equal age and abili-
ty; but when the favorite happens to be an
experienced veteran at the Bar-ambitious
and not very scrupulous as to the means of
obtaining the yictory-and the other young,
modest and conscientious, what must be the
result, let the merits of the case be what
they may? How are these terrible conse-
quences produced
In various ways: love and hatred are
active principles, and never slumber. A
Judge having these affections cannot feel or
act indifferenty if he wished. In the argu-
ment ola cause before him, he must and
will, in spite Of his wish to the contrary, ia
vor his favorite, and oppose the one having
bis disfavor. He does this by giving to the
argument of his favorite an assisting atten-
ton and showing manifest appreciation of
the views presented; while, to the argument
of the other, if he give any attention, it is
marked by displeasure. But, in the deci-
sion of cause; after having been discussed
by favorlte on one side, and acounsel hav-
ing his displeasure on the other. is when a
Judge most commonly manifests his feel
ings. Forgetting that the whole matter sub
mitted to his consideration, belonged to IN
nocent and probably helpless parties IN the
country; and not contentlng himself with
merely deciding the question in the case
submitted, such Judge would regard his
duty not half performed until he had COM
plimented the splendid ability of bis favorite,
and ridiculed Che mean pretensions of the
other He seems to forget that, while he
has right to decide the questions submit
ted, he has more to insult, wound, or tor
ture not even the feelings of the humblest
member of his Bar. BY this course, such
a Judge must not only destroy the pleasure
and harmony Of the Court and Bar, but pro-
duce discord, bad feelings and jealous suspi-
cions, in their stead.
The undignifed character and department
of such Judge cannot fail to have peril
cious effect upon the taste and moral feelings
of the Bar. Seeing the Judge making it
convenient, on all apparently possible occa-
sions, to show his temper. and wound Che
feelings Of some Of them, the members of the
Bar must regard not only moral, but a
religious duty, in every case affording them
tolerable opportunity, to slaughter several
witnesses, and blacken the character of the
parties. =. ;,
A strange system Of ethics How much
better would it be for the Court and Bar to
be governed by the enrolling, just and
equitable principles of true dignity. as be-