The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-01-26
False pretense.

sincere desire to elevate the judiciary above
political influence, and to frame the judicial
tribunals of the State ont Of material that
will have the inherent moral force and t he
cultured intellect to appreciate and compre-
bend the conservative and sacred nature Of
the Courts There could be no greater ca
lamity befall any people,Dor one that would
strike deadlier blow at the vitals of So
ciety, than corrupt and partzan judiciary.
In fact, we are incapable of forming an es-
innate of the character OF a man, who.
placed upon the bench. could prostitute his
nigh trust either to selfish or partizan ends.
We have better opinion of the legal fra
ternity of Virginia than TO entertain the
thought for a moment that twelve or even
six among their number licensed to prac-
tice in the courts of the Commonwealth and
received as proper persons to represent
clients before tribunals of iustice-whO
would not uphold the dignity. the moral
tone and the honor of their profession. We
are not willing to admit that the bar of Vir-
yina is made up of men whose moral OBJ
EQUITY would lead them to debase the
Courts, and convert them into mere politi-
cal machines to do the bidding of party
or to subserve any other ends than those of
justice between man and man and the best
interests of the Commonwealth. We can
accept no such imputation upon any OF the
lawyers of Virginia, who might be ad-
vanced to the bench. Whatever may be
their political bias-their party attachment
when elevated to the tribunals which
have to pass upon the lives, the liberties.
| and adjudicate the property rights of the
people. the commands of duty and the in
spirations of their better nature. would
compel them TO act as judges and not as
partizans.
We assume this to be true, and will MAIN
tain this belief. until the contrary is proven
by actual experience. But this does not i'm
ply that the necessary qualifications to consti-
tute Just, impartial and honorable judge.
are only found in Bourbon lawyers. We
cannot understand how political affiliations
can mould the moral characters Of men, or
broaden their intellects SO as to make those
Of one party better than those OF another.
When. therefore, the Bourbon press as
| -umes that because a Re-adjuster Legisla-
| ture may elect to the bench men Of its pO-
itical sympathies, they must necessarily be
| incompetent and corrupt, it is going bow
shot beyond reason. Party lines do not
designate distinction between good men
and bad men. There are good and bad
men in both parties, and one party is just
! as likely to make bad selections as another.
And when the charge is publicly made that
any change in the personnel of the courts
will initiate against justice and compro-
mise the judicial tribunals Of the Common
wealth, it suggests inquiry as to how these
| courts have been chosen heretofore.
The first act of the Virginia Legisla-
| ture, under the present Constitution, touch
! ing upon the Judiciary, was to remove from
the Supreme Bench one OF the most learned
gentlemen who has ever graced official po-
sition in Virginia Hon. Alex. Rives was
member of the Court of Appeals. ap-
pointed. under the provisional government.
| shortly after the war. because of his
eminent qualifications for that position. and
| for the further reason that he had been op.
posed to secession and was devoted to the
Union of the States. His personal and
professional character, however. was the
guarantee to the people of Virginia that be
would be Judge and not a partizan, and
in the character of Judge he was respected
and revered by all just and impartial men.
But when the Conservative party attained
| to pc ser. the Legislature deliberately struck
down this able and upright man. and
elected TO succeed him political favOrite.
for political considerations, and not because
there could be found in the Common wealth
any one who was his superior in the attain
ments which go to make up the ncorrupti-
BILE, impartial and inf1exible Judge. He
was the victim of party hate and party me-
cessity and this was known at the time, for
no other possible reason could have been
given for his removal from the. Bench. The
entire Court was made up of political favor
| v
time to this party sympathy and identity
have been the essential considerations
which have e verned in all the appointments
of the Legislature. whether in one depart
ment of the government or another
There was not Republican selected to
serve on the Supreme, the Circuit, the Cor
poration or the County benches. All were
of one political association, and suggestion
that any one of the opposing party should
be chosen, would have been secuted as the
! essence of impudence and regarded as an
insult by the party in power. OF the vast
array Of judges of the various courts in Vir-
ginia, not one of them was a Republican,
and every one of them was a pronounced
tizan character, and active in the politi-
cal work of the party.
| Now when the political power of the
State has passed into opposing hands, and
the indications are that the same rule which
has regulated the practice of the late de-
parted will be applied ia the organiza-
ton of the judicial department Of the State.
| il becomes a crime against society, in the
estimation of those who inaugurated the
policy and carried it into effect to the let
ter The sincerity of this kind of clamor
is readily understood when the facts are
considered. Its insolence is equally appa-
rent. To assume that there is no virtue.
no morality. no capacity, outside of the
, IN
Bourbon party, and did its partizan work.
is asking the public to believe very I'M
natural and foolish thing Whatever may
be the changes effected, and whoever may
be chosen to constitute the Courts of the
State. we expect as much efficiency, las much
ability, and as much morality, IS now enter
into the composition of these high tribu-
mails, and that the interests and rights of
the people will be inst as sacredly guarded
under the present administration as they
were under the one just retired.
The senseless and malicious imputations
which have been east upon the Re-adjusters
by the Bourbons. would. of itself. compel
them. in vindicatien of heir own claims to
public confidence, to make the changes that
are denounced in advance. Not to do SO,
would be to admit that the allegations OF
th., Rourhops ara true and fhat ha Ro