Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-04-10

Iconsider the extension due to principle and that
tits demanded BY every consideration of Justice and
sound policy. From necessity there must be limit
to the exercise OF this right What that limit ought
to be, is n difficult and delicate enquiry The cx-
tcnte OF the right ought to pc expanded as possible
consistently withthe safety and true interest OF the
community. The result Of my reflections on this
subject has lead me to the conclusion, that the most
Just and safe test that can be applied to the exercise
ofhs right is, that the individual claiming the exer-
else of the right ought to furnish ADEQUATE and sat-
ishctory evidence of his bona de intention and cxpec-
tation OF living under the laws he claims 10 partci
pate Ill making. Payment of taxes into the public
treasury and residence for a specified time in the
State, and IN the county where The right is claimed
FURNISH prehaps, the best evidence OF such bona fed
intention. Tins test would exclude all temporary
soJourncrs andltlnerants, feeling interest in the
prosperity of the State and embrace all karng er-
manent interest identified with the community.
Your second inquiry relates to the basis of repre-
sentation III the legislative department the govern
ment can have no difficulty or hsi;aton in express
| ~ avowng my opinion on this subject. EQUAL rep
rescntaion, founded the basis of white population
is Certainly the only Just and republican principle in
free government: Every departure fom this princi.
PIE Is dnf''rcpuohcGn, wD"st and ndefeisbie. Such
departure would lead i'll its progress 10 the shvcr.
sion OF nberty, by the introduction, first of arioc
r1cy; secondly oligu'chy; and finally, dcsp,tsa,.
would give my assent to no form of government
OF winch white population mas not the basis Of repre-,
sanitation.
Your third inquiry relates to snLec, of the deep
est interest to the community, and will no doubt re-
cclve the gravest consideration of the convention
our question, Ill the shape III which it is propoundcd,
Would at the first blush, appeal to require an answer
| IN detail. presume such was not the intention of
the COMMITTEES. 1t could not, am satisfied, have
been intended to elicit any favortc plan ofmy own
oil Judlcai organzationf for the state will pre-
tend mat, IN reflections this subject, hare not
formed for myseJa favoritc iu,licial SYSTEM cndu-
GIVE, IN my opinion, TO the wise and speedy admins
tration OF Justice. But the details Of the plan
won.d Involve distinctive features, and require many
eNplan7tiGRs, covering u space greatly beyond the
limits OF letter and, moreover, have not the van
ny to believe my particular scheme perfect or that
might not be convinced by argument. and COM
parsoR OF views with others, capable OF iudsr-
ing, that Sonic. II not G, prominent features re-
qulrcd material alteration. do not however hest.
tate IN SAYING, that regard our present judicial
system radically detective, and as REQUIRING suurr-
vision and reform, as much any other branch of
the government. The independence of the judiciary
as understand the term, prize as the great bul.
wark of The life ard property of the citizen We
are taught by history that the Independence Of the
judiciary, if not the FIRST, certainly one OF, this,
most important victories achieved by popular RIGHTS
over arbitrary power. There is, however, a marked
distinction between the independence and the ir-
respOn0btGty OF Judges While I would cnard
with vigilance the Independence Of Judge by
liking the tenure OF his Office with certainty and
procession, and securing 10 him I fixed salary
winch should not be diminished while in office: I
would, on the other hand make him kHoip and frpi
MS responsibility for faithful discharge ofhis duties
would make Judges removable from Office not
only Tor offences for which they are nor INN achnho
put Tor every permanent inability or ncapacity for
irregular and efficient discharge of their duties vhe
Their originating from disease natual decay imnroper
haOts or remissness of duty To secure effcct,Ially
tnlS oo(ect' Would make them responsible and an
swerubc Tor acts Of omission well as commission
| TO some removing power, wherever such power
after mature consideration could be most iu1ciousl,
and eificaclousiy located The duties of Judge are
! IL It'll I.-
TO know them. For every tOiyiI nfraction or ner-
| iect OF ddiy,l would punish him by removal from
office ne evils of judicial irresponsibilitv have
been long and deeply felt by the community; the sub
Jcct is OF vital Importance and demand the most an =
Ious attention of the Convention
Your last inquiry is, whether the Governor and
municipal officers ought not to be elected immediate
ly by the people,"
The policy Of such provision in the constitution
as general proposition consider undcniable do
not tinl, the power could be deposited any where
with 80 much safety. The duty of these officers ne
cessariiy net dIreclyupon the people, and Immediate
ly under their observation. Neglect ofduty or abuse
Of power, would be best known and soonest detected
by those who hold the correcting power Tborc arc
certainly exceptions to this general proposition re-
sultng from the peculiar duties of particular officers
The extent Of power which may be vcstedin the Go.
vernon tnde1 the new constitution, may have an i'm
portant bearing upon the question If it should be
deemed wise by the convention to give to the Cover
nor the power Of appointing the various municipal
officers, he ought certainly to be elected Immediately
by the people and held responsible to them for the
conduct OF those whom he may appoint. IT, on the
other hand the people elect the municipal officers
there will be left to the Governor so small share of
power and responsibility, to make it n qcstiop
whether the loss of time and other conscoucnces in
cidcnt to frequent election of the Governor, would
not countcrbaIancc any advantages to be expected
from the exercise Of the right by the people.
have thus gentlemen frankly avowod nv opinions
upon the several subjects, upon which you have
thought proper to intcrrogatc me. hope, in con-
clusion, may be permitted to suggest to you, and
through you, to our feowcitzens of the district that
IN The progress Of earnest efforts nj reform we
have now arrived at an important crisis. Ifrcgard-
less Of the substance, we run after the shadow we
distract and divide ourselves upon minor and conpa
raively unimporant points; VIC suffer sectional or
local. petty preudices 70 Influence DIR conrsc. our
49, i9 WIN nave Deen IN tain; the opportunity will
Ge Iost; ana The day Of reform will be FIR dsian
lie IS wInlly blind who doesnot see and criminally
uniformed who does not kaoo that there is a pow
Cruz party IN the state, who are calling into action