Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-03-27
For the 8pectator.
Judicial Election.

MeSSrS. MISUNDERSTANDING shown, In your
paper of the Goth of March, how by the Consti-
tuition of Virginia adopted 29th of June, 1776,
the Judges were appointed, aud their tenure Of
office; how, and for what offences, they might
be removed, or rather how, for almost every
offence or ncapacity, they could not be re
moved ho0 by the amended Constitution, a
dopted January a. 1880, the remedy, as to their
removal, had been changed, but without any
Improvement and how they were nominated,
the circumstances requisite to procure their nonl-
ination, and of the necessary want of knowledge
of the candidate as to fitness for the office, by
those who had to elect him. now propose to
show some of the evil consequences OF that sys-
tenn of tenure and election, and how they, as
yet. ipjuriously effect the present system.
Under that system, | showed that the Judge
of any circuit was 0irtually elected in the Gen
eral Assembly, by the delegation from the coun-
ties composing that circuit, and after estimating
their average number at eight or ten from cir
cult, stated my belief that they were generally
lawyers. This language, that they were 'gen-
orally lawyers" is too indefinite in its meaning
to convey the idea intended. / therefore deem
it proper to be more specific. have been in-
formed by gentlemen processing to be well ad
vised on the subject, that from about two-thirds
to three -fourths of the members Of the General
Assembly, tor many years, were IGaoyers. Ii
this information is correct, then the legal pro-
fession must have furnished, on an average,
from two-thirds to three-fourlhs OF the delegates
from the counties of each judicial circuit.
BY this explanation it will be SEEM that in
stead of Judge having been elected by even the
whole delegation of circuit, as seemed to ap
pear, he most probably was elected by only a.
bout two thirds or three fourths OF that delega-
rio he afo1h ut RI. nj,
of the lawyers generally elected as the repre-
sentatives OF the people. Rarely, indeed, would
a first rate lawyer consent to give up his prac=
tice, and become representative. The cODse-
quence was the legal portion OF the House of
Delegates was composed of young, vain, mex
perieuced and inferior men, wholly unit to per-
form the important duties required to promote
the public good.
Notwth outstanding this, all aspiring for political
distinction, and having the vanity to think
themselves fully qualified for the highest office,
State or Federal, they could have but regarded
with the greatest impotence the st0ao removal
of the difficulties to their tancied rghttul though
most tardy promotion.
A little time and opportunity, to have their
abilities known to an admring public, were all
that was necessary, in the estimation OF these
hopeful lawyers, to command for themselves the
most distinguished position, in the gift of the
people. Hence when in the General Assembly,
instead of legislating for the public good, they
spent much of their time in making long and
senseless harangues about our Federal relations !;
and hence during canvass for an election, they
might have been seen at almost every village
and cross road, mingling most graciously with
the people, and heard loudly proclaiming about
the Constitutional rights of the State, the cele
DRAFTED Virginia Resolutions, or the liberty of
the c;izeus, without probably having ever read
either the Constitution or the Resolutions, or
even knowing the distinction between liberty
there were many honorable exceptions but they
were the exceptions, and not the rule. These
were those persons, who, from the necessity of
the case had to elect the Judge of the circuit
they represented, when it became vacant. 1t
has, am informed, sometimes happened. that
the choice was made from the delegation of the
vacant circuit; but if this did not occur, then
to select from the material OF the circuit was the
only remaining plan. This from necessity hav-
ing to be limited to the legal profession, lad to
be further limited by the exclusion OF all lawyers
OF the first class; Tor the salary OF circuit
Judge then being as | ana informed, only about
fifteen hundred dollars, was not sufficient to In
duce lawyer Of the first class to surrender
large practice, worth from tnree to five Thousand
dollars year, for SO small compensation. Ii
he had a family to support it would have been
madness for him to have seriously thought OF
such an act. Ii this be so, then the selection Of
Judge must have been made from second or
third rate lawyers, Of the dominant political
party, and of some family influence or standing.
The greatest favorite OF the delegation OF a cir
cult nearly always received the honor, aud was
too honorable to ever forget the favor. From
this class, and under these circumstances the
judiciary OF Virginia was mostly created, and SO
continued until the amended Constitution of
August LIST, 1851, went into operation. There
were exceptions to this rule, but they were the
exceptions, and not the rule. AS has l think,
been fully shown, tae Judiciary OF Virginia were
thus elevated above the people, by being invest
ed with extraordinary powers, having virtually
life tenure, and being wholly Irresponsible to
the people. Ii Judge held his office independ-
ent OF the people OF his circuit, he must have
necessarily held 1t, in spite OF them, aud have
been wholly irresponsible to them to The
manner OF discharglDg the duties Vt his office.
Ii Judge holds his office independent of the
people, and is not responsible to them, he must.
Of necessity, be above them, and beyond their
reach. 1t has been already shown to what de-
gree Judge was responsible, or rather not
i0oPohoiOAos " Ih0 ASS 'oiaeu4o. 44oio lu0n, we
have an institution, wholly foreign to the genius
OF our country, independent of the people, and
sadly irresponsible, with ample power to effect
the people injurously, if so disposed, but pro-
tected from responsibility. 1t might have been
truly called the Independent irresponsible court
party, but was proudly and vauntingly called by
its friends, the Independent Judiciary, and boast
ed OF, because of its independence, and of course,
its responsibility as one of the best institutions
OF the land Why should its independence add
SO much to its value, at the expense of its ire
sponsibility A Judge, like all other men,
would only be required to act right, and do
justice. Does it require more independence u
Judge to do justice and act right, than in
other men2 No; the moral sentiments of a
community would always most powerfully and
efficiently sustain and protect him. But not SO
with the unrighteous Judge; he would require
at least to be independent of the people to be
protected from their indignation and scorn.-
There was another evil resulting from this in
dependence and responsibility of the Judiciary.
By eey ating the judiciary above the people,
making them independent of the people, and r-
responsible to the people, they were made a
kind OF arastocratac nobility, having all the nat
uEal means OF sympathy between them and the
people destroyed. Is not this 500 Did the
Judges CT Virginia during this independent ten
ure, associate with the people, talk with the
people, know the people, show a desire to know
them, or manifest any concern in their behalf {?
The people best know, and let them answer
these questions. Were they to be approached by
the people, or more accessible to them than
petty German Prince 2 Let the people, also.
answer this question. | know there were MANY