The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-28

iefs than s millions of people, and not more
than GOO representatives in parliament. Here
there rs not one million of people and nearly
200 Legislators. In other words, with lefs than
one fifteenth part OF the population, we have
one third of the representation. The Briti!h
parliament however is not thought too finaIl.
In the United States, of which Virginia forms
component part, there are not lefs than 6
millions of people and the number of repre-
1entatives does not exceed 40: and vet that
body has been found too cumbrous for the
orderly difpatch of buGnefs. Tier have at,oot-
ed the ratio Of one representative for evcNy S.
600: whereas we have fixed it at one Tor eve
ry forr thoufand. There is ALTO another rea-
ION for diminithing the number of reprefenta-
tives. BY extending the representation over
larger compafs it would have the effect of
dc!troying thofe petty local intereRs, which
are produced by contracted diftricts. Let us
enlarge our dfri6s and we fhould fee
an end OF that narrow intereR, which fprings
from the influence of family and relations an
intereft, which hangs, like dead weight up
on the freedom of fuifrage and the liberties of
the people.
Conhder too the defective organization of
the tenate, under the prefent contribution.
That body does hY M means fairly reprefent
the public will. A gentleman from Wythe, a
few days lince obftrved, that one fenator re-
s,
yond the Blue Ridge, as.ix on this fiie of it.
In other words, the inhabitants to the EAT of
| the mountain, have fix times as much fenatori-
| al influence, in proportion to their numbers,
! as the inhabitants TO the weftward. This de-
! fett IN the tena.e ought to he corrected by a
different organization. Thomas Paine, for in.
Producing whole name into that houfe he no.
ped he ihould- he under the neceflity of apollo.
g''ng to but few members, has recommended
new plan for the ftru6ture of that body. He
proDofes TINT when the hcufe Of delegates ac
femb!es, they lhould felect committee from
their own body to aa as a fcnate The debate
in every cafe ihould he conducted feparately
| IN each houfe, and the decilion be effected by
a majority of both. A plan of this fort has ob-
vioufly the effect of Introducing into the deli
| beratinns Of the Legislature, all that leifure,
| caimncfs and maturity of jifcuIion, for which
| tenates have been recommended. But it is not
my defien at prefent (ad Mr.. b. either to ex.
anime the proPriety of having any fenate at all
or the beft mode of contributing it.
AS 20 the organization of the judiciary, Mr.
Is. declared II was with extreme dif1idence he
!hould exprefs any opinion. Some opinions
however h" had formed on this fubi-Gf, and he
| Thought hiintelf bound 70 exprefs them. It wa,
| TO this part of the contribution he had alluded
when he fpoke of fome improper reRyi6ious
that had been impofed upon the legislature
| The contribution unwifrly prefcrbes the mum.
Der, jurifdi, !ion and form of our courts: ar
arrangement, which fhould be entirely intruft
ed to the witdom and difcretion of the repre-
tentatives OF the people, who We're beft quail
fled to telett fuch fyftem, as might be demand
by public convenience. 1t was trae, that b,
retaining the name, it was eafy to introduce a.
ny new modification of the courts that NIGH,
| he neccflary But there are always men in tn,
Legislature, 70 fqueamihly attached TO the confti
tuition, that they will never copfeRt to violate
Its fpirit and itsletter, however ftrongy the con
venience Oft people might demand it.
MIR. B. declared ne could not fubicribe to the
doctrine, avowed in England, which rendered
the judges independent of all human authority
1t was certainly correct that judges Mould be
| rendered independent Of the parties who came
before them and upon that account, it wa.
certainly proper that they !hou!d he made in.
dependent CT the crown of England. Confu
the Engliih writers and they will tell us that the
| monarch or his miDifers had always been il
the habit of involving fome qusttiou of pre-
rogative in judicial cafes. They reprefent
them as frequently Interpreting their power
and influence to fcreen the guilty felon from
the iu!tice of the law and incarcerate the in
Qexible patriot in the damps of the dungeon
In England, therefore, fuch an independence
| may be necei1ary but in Virginia. where the
commonwealth is never implicated in the de
c'hons OF the courts, the fame neceilitv can.
not be tuppofrd to exit. Ponefled of unlimi
ted power, the commonwealth would neve,
condeicend to punifh them for their integrit,
or employ them as the inftruments of oppref
lion: For theGe reafons he wifhed 10 fee the
judges a'nenab!e to the Legislature of the coun.
try, that for any offences which they nigh,
commit, they ;hould be dragged to the barof that
houie and receive ether merited punifhment. HI
could not perceive the propriety of exempting
from refpon6bility clafs of men, who are pc
culiarly liable to corruption. We have fubieet
ed Qaid Mr. all our civil officers to a GER
tain puniihment ihalI we then exempt olaf
OF men who are proved by the hitory of al
countries to be peculiarly addicted to corrupt
on 1t is an acknowledged fact that before the
SPaniii tribunals iuftice is actually bought and
fold, and that the longef purfe is Away,
fure to carry the cauCe. De Lolme has told rs
that more Rngliih judges have been punifhed fol
malveriaton thar evenEng(h minfters ;thattbers
are more ipots upon men clothed in Ermine
than upon the contaminated fervants o.
the crown. We may be told perhaps that
there has been remedy provided for all theft
grievances, in the power of Impeachment. But
let experience decide upon this inefficacious
proviGon. Warren Haftings! the man who
had dcluged India with blood, and planderec
| ito I'D ipho L At