Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-12-05


wagon. In the Judiciary, the judges of the high
est cour,s are dependant none but themselves.
In England where judges were named and removal
ble ut the will of an hereditary Executive, from
which br spch most misrule was feared, and has
flowed. il was grea, point gained, by fixing them
for life, TO make them independent OF that Exc
cutive. But in government founded on the pub
lie will this principle operates in an opposite direc-
ton, and against that will There too, they were
still removable on concurrence OF the Executive
and Legislative branches; but we have made them
independent of the nation ITSELF they are irremova-
BILE but by their own body for any depravilies OF
conduct, and e, en- by their own body for the i'm
becilites Of dotage.-The justices Of the inferior
courts self chosen, for life, and perpeate
their own body in succession Tor ever, go that
faction once possessing itself of the bench OF
county can never be broken up, but hold their
county ia chains for ever rdissolubie. Yet these
Justices are the real executive, well Judicial
~ in all our minor and most ordinary concerns;-
they tax US at will, fill the Office of Sheriff, the
most important OF all the executive officers of the
county name nearly all military leaders, which
leaders, once named, removable but by them
selves. The Juries, our judges of all fact, and OF
law when they choose it, are not selected by the
people, nor amenable TO them; tLey chosen by
an officer named by the court and executive
Chosen did say? picked up by the Sheriff from the
loungings OF the yard, after every thing re-
spectacle has retired from it where then, is eur
repubicanism to be found? Not in our constitu-
tuition certainly, bu, merely in the spirit of our
people, that would oblige a despot to govern
US republicaniy; owing to this spri, and to moth
Ing in the form of our constitution, all things have
gone WELL But this fact, trumphsntly mis-
quoted by the enemies of reformation, is not the
fruit of our constitution, but has prevailed in spite
Of it; our functionaries have done well, because
generally honest men; if any were not SO, they
feared to shew it.
But it will be said, it is easier to find faults
than to amend them. do not think their amend
ment so difficult as is pretended; only lay down
true principles, and adhere TO them inhexibIy Do
not be frightened into their surrender by the alarms
Of the tiinid, or the cToakinss of wealth against
the ascendancy OF the people If experience be
called for, appeal TO tina, Of nur IS or 90 govern
ments for 40 years, and shew me where the peo-
pie have done half the mischief in these FORTY
years, that single depot would have done in
single year; shew here half the riots and rebel
lions, the crimes and the punishments which have
taken place in any single nation, under kiugly 60
vernment, during the period The true
foundation of republican government is the equal
right OF every citizen in his person, and pro-
perty, and IN their management. Try by this as
tail.y, every provision of our constitution and
see IL IL hangs directly on the will of the peoples
reduce your Legislature TO convenient number
tor fuli but orderly discussion; let every man who
nights o. pays, exercise his Just and equal right in
their election; submit them appreciation or re-
lection at short interyals,-let the Executive be
chosen in the same way, and for the same tenn, by
those whose agent he is TO be- and leave no screen
of 9 council behind which to skulk from respons-
b'hty.-H has been thought that the people are
| not competent electors Of Judges learned IN the
iofD, tut do rot know that this is true: and il
doubtful, we should follow principle; in this as in
many other elections, they would be guided by re-
mutation, which would err ohener perhaps than
the present mode of appointment; in one state of
the Union at least it has been long tried and with
the most satisfactory success-Thc Judges of
Connecticut have been chosen by the people eve
~ months for nearly two centuries, and be-
leve there has hardly ever been an instance of
change; 80 powerful is the curb of ncesssnt res
possibility. If prejudice. however derived from
monarchcal institution is still to prevail against the
vital elective principle OF our own, and If the
existing example among ourselves OF periodical e.
lection 81 judges by the people, be still msirused
let US at least not adopt the evil and reject the good
OF the English precedent let retain movabiiity
on the concurrence OF the executive and leeis!a-
tive branches, aud nomination by the executive a.
lone. Nomination to Office is an executive function.
to give it 10 the legislature, we do, is yio-
laion of the principle of the separation Of powers:
II swefves the members from correctness by temp
tation to intrigue for Office themselves, and 10
corrupt barter of votes; and destroys responsibility
1y dividing it among multitude. By leaving
nomination IN it's proper place among executive
functions, the principle o. the distribution of now
er is preserved and responsibility weighs with it's
heaviest force on single head The organiza-
ton OF our county administrations NAV be though,
more difficult; but follow principle, and the kno,
unies iret; divide the Counties into wards of such
size as that every citizen can attend when called on
and act in person, ascribe to them the government
OF their wards in all things relating TO themselves
exclu- lively, justice chosen by themselves in
each, constable, military company, a patrole
school, the care of their own poor, their own
portion ofthe public roads, the choice OF one or
more jul ors 10 serve in some court snd the delivery
within their own wards OF their own votes for
all elective officers OF higher sphere, will relieve
the county administration Of nearly oil it's business
will have it better done, and by making every ci.
tizen an acting member of the government and in
the Offices nearest and most Interesting to him
will attach him by hs strongest feelings 10 the indie
pendance OF his country, and it's republican
constitution. The justices thus chosen by every
ward. would constitute the county court, would
10 rs judiciary business, direct roads and bridges
levy county and poor-Iates, and administer all The
matters OF common interest TO the whole county:
these wards, called townships, in New England,
are the vital principle of their governments, and
have proved themselves the wisest invention ever
devised by the wit OF man for the perfect exercise
Of self-government and FOR IT'S preservation We
'bould thus marshal our government into--I. The
Genersl + ederal Republic, for all concerns foreign
and federal-2 That of the State for what relates
to our own Citizens exclusively 3. The county
republics for the duties aud concerns of the COUNTY
- aud 4. The Ward Republics, for the small, and
yet numerous and interesting concerns of the