Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1870-02-18

repairs upon the present property should be
of a more permanent nature, and the new
buildings Of a more durable and commodious
character, and differently located. 1t is
quite important that a prompt decision
should be arrived at, as to which course shall
be pursued, in order that contracts may be
made for the profitable employment Of the
very large number of now idle and expensive
prisoners.
STATE GUARD.
It is proper in this connection to speak Of
the State Guard. The necessity for some
organization like the former State Guard; or
State Police, is too apparent to require com
ment or argument from me. Men mustsbe
employed to guard the penitentiary. and to
care for and protect the public property. In
my opinion. a military organization is pre-
ferable to any other. 1t is quite probable
that the State Guard might be recognized
under the present laws, but I have preferred
to defer all action in that behalf until the
opinion of the General Assembly could be
had. - e
[ respectfully recommend that this SUBJ
ject be considered and acted upon at the
earliest practicable moment.
CITY, TOWN AND COUNTY OFFICERS.
Among the important subjects demanding
your immediate attention, onesof the first
will be that Of providing for filling the vari-
Gus city, town and county officers, until regu-
lar elections can be held. The Constitution
provides for holding regular elections in cities
and towns on the fourth Thursday in May.
and in counties on the first Tuesday after
the first Monday in November. Before any
elections, general or special, can be properly
held, it will be necessary for you to enact a
general registration law and provide the
mode and manner in which elections shall be
held. Our present statutes are inconsistent
with the provisions of the constitution upon
this important subject. The 22d section of
the fifth article Of the constitution undoubt-
edly clothes the General Assembly with
ample power to fill all these offices in such
a manner as to it shall seem best, until regu-
lar elections can be held. 1 doubt the pro-
priety of ordering special elections in these
eases at this time. Aside from the time
which will necessarily be consumed in per-
fecting the requisite Legislation for that pur-
pose, the great expense which such elections
would entail upon the Commonwealth, ought,
if possible to be avoided. In the meantime
it is of paramount Importance that many of
| these Offices should be promptly filed. It
appears to me, therefore, advisable that the
Legislature at a very early day enact a law
authorizing the filing Of these Offices by ap-
pointment until officers can be regularly
elected and qualified as provided for by the
constitution.
THE JUDICIARY.
Five judges of the supreme court of ap-
peals, sixteen judges Of the circuit courts
and over one hundred county and city judges
are to be elected by you, who will hold their
offices respectively in the order named for
twelve, eight and three years from the LIST
of January next. This is a grave and re-
sponsible duty and surrounded by serious
difficulties and embarrassments. A learned
and incorruptible judiciary has ever been the
pride and boast of our people. Whatever
other changes our necessities may compel I
trust that the high standard of qualification
for judicial position which has heretofore OBJ
tanned in our State may never be "changed,
altered or amended" Honesty and capabili-
ty have been and should continue to be the
sovereign tests Of fitness. The judicial
ermine should ever be far removed from the
arena ofpolitics. If there is anything more
to be Stunned than a political preacher, it is
a political judge. It may bethat you will be
unable to fill all these judicial positions by
men who are not disqualified from holding
Office by the Constitution of the United
States. Without intending any d~isrespect
to the fundamental law of the land Or to the
constituted authorities, it appears to me
that you not only ought to have the
right to the widest range Of selection for
these exalted positions, but that you ought
to exercise that right. 1t is a solemn duty
which you to yourselves and to your
constituents, to the country and to posterity
to elect our ablest, purest and best men, and
if in the ful6lment Of that duty your choice
should fall upon any who are disqualified
by the Sd clause Of the 14th article of the
Constitution Of the United States, | would
recommend the passage by your honorable
bodies Of a resolution respectfully request
ing Congress to remove such Disqualified
tons, | am satisfied that such a resolution
would receive the prompt and favorable con-
sideration and action of Congress.
The salaries of all the judges are to be
fixed by you, and while I am an earnest ad-
vocate of economy in all departments Of the
government, ! am not in favor Of meagre
and insufficient salaries fer public officials,
especially for the judges of the circuit courts
and court Of appeals. They should be suf-
fcient to command the most eminent ability
The lawyer who accepts one of these judi
cial positions, by that act banishes himself
from the practice and cmoluments Of his pro-
%fession. Unless a man of fortune, he is
dependent solely upon his salary for his
support, and that salary ought to be suf6-
Gent to furnish him a comfortable living, in
keeping with the high position which he
holds. | am aware that the judicial system
provided for by the constitution will of he
cessity be an expensive one, but with the
many reforms which may and ought to be
instituted, it may be rendered less burthen-
some than our former system.
The expenses incident to the administra-
ton Of the criminal laws have within the
past few years increased enormously, mainly
due to the large Increase nj the number Of
petty offences, such as larceny and assault
and battery. A thorough reform not only
in the laws themselves, but in their mode Of
administration, is imperatively demanded.
1t appears to me that all cases of petit
larceny, except for a second offence, and all
cases Of assault and battery, except with a
deadly weapon in fact, all crimes of a lesser
grade than felony, should be summarily
tried by a justice Of the peace, with or with
out Jury, at the option of the accused, re-
serving, Of course, the right ofappeal to the