Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-04-24

its requisitions. But, as general law of the hu
man mind, proven by history and established
by experience, mans moral obligation is only
binding upon him so as to control the social re-
lations and duties, in proportion to the strength
and obligatory character of the laws of the State
requiring of him the same relations and duties
The Judiciary, as class, have not been found
an exception to this rule; because they are only
men, and, as we have seen, subject to like pas
sions. Therefore, the present system, under the
amended Constitution of August 1st, 1851, is re-
garded much better than the old independent
and irresponsible system; for the present system
makes the Judiciary, by the Supreme law of the
State, almost infinitely more responsible to the
Legislature, than that of the old system land,
besides, makes it directly responsible to the peo-
pie, by giving them the power of choosing their
limiting the Judicial term to eight years. But,
notwithstanding the greatly improved plan of
election, so as to secure the most fit for the Of
fee, the limited terms, and the superior respon-
sibilties, of the present system, to the remedies
of the old, it would be too much to expect the
evils of the old system never to appear in the
new. Men are ambitious and love power. The
Lion could never live on terms of amity and e.
quality with the Lamb SO men placed in power,
by whatsoever means, or however limited the
term, is not only tempted, but can hardly be re-
strained from its abuse. Ancient and modern
history furnish many affecting examples abund-
antly illustrating and establishing the doctrine
In 1847 Loois Philippe was in the zenith of his
glory and power, while Louis Napoleon, the
present Emperor of the French, having been
prosecuted from his childhood, and driven from
his country, was poor refugee, residing in Lon
don, engaged in the study of alchemy, and
known only to the public by his foolish expedi
tions to Strasburg and Boulogne. Having been
elected by large majority to the French Gen.
eral Assembly, after the abdication of Louis
Philippe, Louis Napoleon returned to France
and took his seat in that body on the 26th Sep
teinber, 1868. On the End December, 1848, he
was elected President Of the French Republic
by a majority of about four millions of votes, for
term to terminate In May, 1862. On the End
December, 1861, he seized the absolute govern
ment of the State, dissolved the Assembly, i'm
prisoned or slew all daring to resist his will, and
by his decree commanded the French people to
elect him forthwith President of the Republic
with nearly absolute power, for a term of ten
years. They did it as commanded, by major
ty of votes over all others, of nearly seven mil
lions. And on the 2lst and 22nd of November,
1852, at his command, the French people elect
ed him Emperor of the Nation, with almost abb
solute power, by majority of upwards of seven
millions of votes.
. He was an exile, brought home to his ooun-
try from obscurity and power, and elected by the
people an Emperor, with almost absolute pow
or, OF q great and mighty nation. How has he
appreciated the generous confidence of gener-
ous peope2 Had France ever a more absolute
tyrant2 or the French people ruler more reck-
less OF their rights Let broken faith, perjured
honor, violated constitution, a smothered press,
the suppressed voice of the people, and the
wailings Of her distinguished scholars and states
men, in exile, answer the question. Thus it
must be seen that, in this case, the powerful re-
straints of solemn oath before and to an assem-
bled nation, the sacred honour of ruler of
great people, and the Supreme law Of his coun-
try, were wholly insufficient to restrain this EN-
peror4 of the French from abusing his power, and
tramping on the rights of the people. What
would he have done without these powerful re-
straints The mind is unable to conceive. He
would most assuredly have. been, at least, Nero
that true dignity of character, above defined.
As the checks given, and the responsibilities
required by the present system, are applicable to
the whole Judiciary of Virginia, whichever of
the candidates for the Judgeship of this Circuit,
may be elected, will take the Office sub nsodo.
The ability of the respective candidates to
perform the duties of the Office, requires some
consideration. They are both regarded indus
trious men. But, as the age of a Judge is gen
orally regarded as having something to do with
his ability to labor it may be proper to refer to
this subject.
They are both claimed, believe by their res
pect the friends to be comparatively young men.
Some years ago, however, if report be true.
Judge Thompson was thought to be from eight
to twelve years older than Mr.. Fultz; but by
some bad fortune as it is now reported, Judge
Thompson has got to be about the same age of
Mr.. Fultz. 1t is considered difficult, and, as
has been suggested, for some reason not to be
discussed, delicate question. They are both
thought to be, sufficiently young, however. to
perform the duties of the Office for ten or twelve
years; hence their age can be no barrier to their
election.
They are both we'll read, and may be regard
ed able lawyers. Judge Thompson, as admit
ted, has been Judge of this Circuit about thirty
years and he must have been a very young
lawyer. not having been engaged in the practice
OF the profession more than from fifteen to twen-
ty years before his election, or else be must be
much older than supposed for, in Virginia, a
man cannot be licensed to practice law under
the age of twenty-one
Mr.. Futz has, for a little upwards of thirty
years, been engaged in a successful and heavy
practice of the law. Few lawyers in Virginia
have shown more skill in their profession, bet
ter knowledge of the law, or commanded high
er confidence OF the public. His ability, as a
lawyer has not only been manifested in the low
or Courts of the State, where he practiced, but
has been strikinglY exhibited by his success, in
the Federal Court, and in the Court of Appeals
of Virginia.
l shall now proceed to examine the candi-
dates by the law of true dignity of character
and department, as already defined and, as that
law must be admitted by all men to be just and
good it cannot be regarded as intended to be
specially applicable to either of the candidates,
&C the expense Of the other, but to the charac-
ter and department of both.
The duties of Judge, provided he be qualified
for the office, are comparatively simple. The
members of the bar, if they not, should be
gentlemen, not of folly, in the true meaning OF
the word, men of education, intelligence, dgni-
ty and honor. aag ~ gx8
This must be presumed to be their character,
until disproven. If SO, then, as gentlemen,
they stand upon the same foundation of respec-
liability, as the Judge, and are entitled to he
same respectful consideration. This should be
always admitted by the manner and department
of the Judge to the bar; for any failure of that
admission, would be an act of injustice, and
show great want of dignity in the Judge. A
ny partiality, however slight, shown to some
members of the bar, over others, during ses
sion of the Court, is q monstroIs injustice to
those other members; because it exhibits not
only to the bar, but to the whole assembled
nnhlic q disrasDact unkindnese or DroiudiCo of