The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-03-17
MONDAY EvEN'G, MARCH II, 1873.
A Partisan Judiciary.

IS inevitably destined to go there, for this
one reason, if for no other: That it
sought to create, did create, and is now
seeking to recreate dependent and
thoroughly partisan judiciary, when every
consideration Of duty, patriotism, JUS
tice, and right requires that the Virginia
judge shall assume the high and elevated
function of declaring the law irrespective
of PARTISAN demands or considerations,
and without regard to the legislative or
administrative functions exercised in the
other coordinate departments of the state
government. In every country where
there is not an independent judiciary,
the citizen can have no constitutional pro-
lection beyond what the most absolute
principle of government might accord, if
welded by despot without the first
recognition of individual right or of con-
stitutional guaranty. In the more precise
division of the functions of republican gov
,nent, to speak without regard to political
parties or the technicalities of Technology
used by them, there are, and Of necessity
must be, three distinct branches of govern
,nent, each of which must be absolutely in
dependent of the other, with no possible bias
TO twist justice, distort judgment, or thwart
The ends of equity. This grand desider-
atum Of good government is what should
be sought by all political parties that de-
serve well of the republic. Any party
that seeks the detriment of the state by
striking down the independence and up
Brightness of its judges deserves to die, and
the sooner It's death goes into history the
better.
The twentieth of this month has been fixed
upon as the day for electing host of petty
judges throughout the state by our present
Legislature. These judges, though some-.
what shorn of their power, have still some
high and important functions to discharge,
and their entire independence is essential
10 the proper administration of justice
among our people. Is this independence
to be secured, and our political civilization
advanced, by making this host of petty
judges the creatures of political caucus?
is it wise or polite, in any political party,
10 make the tenure of these judicial Off
GERS depend upon their adherence to so
questionable an institution as that of
King Caucus?" Not dependent, in the
matter of their appointment, upon a ma
jority Of the General Assembly, but upon
that other body-unknown to our const-
tuition and laws--a majority of majority
of the General Assembly, which may be
materially less than minority of that
body. Does this mode of appointment
comport with our ideas of judicial inde-
pendence, which is nothing but another
term for the Independence of the law, or
its impartial and just administration among
the people ? gl
We all know the infirmities of political
bias, and how easy il is for the best of men
to be sometimes swayed in their judgments
by it. No human wisdom can devise any
plan for the administration of justice which
may not have some Inconvenience. But all
experience shows that the more entirely in
dependent you can make the judiciary of
any country, the more benighly will the
law come home to the individual, and the
greater his constitutional and legal protec-
lion as a,citizen. For us to depend upon
shy other political organism, in the creation
Of these courts and the appointment of the
judges to preside over them, than that
which has been pointed out by the wisdom.
IF our ancestors and embodied into con-
stitutional forms, is to make our Judi
Clal system what an eminent French jnrist
declared that of France to be in one of the
worst periods Of her political history
magnificent frontispiece before the ruins of
despotlsm a deceiving monument whose
aspect seduccs, but which makes one freeze
with horror when entered.'' Tvgrer
We can conceive of no worse organism
for the creation of courts, existing in the
most Jacobinical times of France, than that
which shall secure the appointment of
judges by partisan caucus, by majori-
~ Of a majority, however small, of a
legislative body. The law provides
Tor the appointment of our county
court judges by the General Assembly,
when onlya small fraction over one-third
Of that body assume to dictate the appoint
lnent, and make good their assumption by
means of the rascally machinery of eau
Gus. And whom do they appoint? In
every instance the most pronounced
and thoroughly subservient partisan they
can lind-a man who will be true to the
interests Of party if the heavens fall: y
These county court judges have the APP
pointment of the judges of our elections,
and the more sacred supervisory trusts of
dead mems estates, and if there are any
two duties which demand higher de-
gree Of integrity and impartiality on the
part of judicial officers than these, it would
he difficult indeed to name them. And
yet these judges, who owe their official
existence to King Caucus" and know
that unless they obey his behests their
official heads will come off at the next
election, are expected to act impartially ia
tie discharge of these most sacred and