Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-04-10

suffrage" =
consider tac extension due TO principle, and that
It's demanded by every consideration of justice and
Sound policy. From necessity there must be u limit
TO the exercise of this right. What that limit ought
to be, is a difficult and delicate enquiry The ex-
tcnte OF the right ought be expanded as possible
consistently with the safety and true Interest of the
community The result of my reflections on this
subject has lead me to the conclusions that tho most
gust and safe test that can be applied ..c exercise
OF tins right Il, that the individual claiming tie exer-
else OF the right ought To furnish ADEQUATE and sat
lsac'ory evidence OF his hoaa fe ntcution and exc-
tation OF living under the laws he claims to parici
pate III making Payment al taxes into the public
treasury, and residence for specified time in the
State, and ia the county where the right is claimed
furnish piehaps, the best evidence such bona fed
intention. This test would exclude all temporary
s0]ourncrs ana ltinerants, feeling in the
prosperity {" the State and embrace all having per-
manent interest identified with the community.
Your second inquiry rcIncs to the basis of rc,rc-
sentatt IN the Legislative department of,he govern
nent CAN have no difficulty or hist alton in cxl rcss-
" aVownig my opinion on this subject. Equal rep
reschtalion founded on the basis of white populations
Is certainly the only Just aud republican princnle in
Tree government. Every departure from this prci-
pc Is dnts repnblca, ,sst and iedefeasiJie Sucf
Ia departure would lead in it's PROGRESS tn The suhyrr
,sion oil liberty, By the Introduction, first of afissoc-
rncy; secondly, otignrchy and finally, dep tism.
Mould give fny assent to form of government
oil which :" hitc population the basis of repre-
scntatior.
Your third inquiry relates 10 sn;jccs Of the deep
est iteres, 80 the community, and WILL no doubt re-
cciVe the sravest consideration OF the convention
Your question. IL the shape in which il is proDouled
Would ut the first blush, appear to require an answer
III d'taIi | presume such moi the Intention of
the committee 1t could not, / satisfied. have
pech tende1 to elcit any favorite plan ofiny own,
OF JUDICIAL organization for the state. vii, not pre-
tend, That, III reflections on his subject ,nve NOT
! formed tor nyseJa avoritc judicial system condu
Give III my opinion to the wise ana speedy admins
tratIon Of Justice. But the t.etnii; OF tho man
DIST font,,r Il
explanations, covering space greatly beyond the
limits OF letter; and, moreover, have not the van
,ty 10 oeheVe my particular scheme perfect or thai
| might not be convinced by argument and n com
paEison OF views with others, capable of iudu
tn that sonic, if not all, its prominent feature. re-
CURED material alteration. I do not, however hest
tate in saying, that regard our present judicial
system as radically detective, and requiring super
VISION ana reform. as much any u her branch of
thc government The independence of the judiciary
as understand the term, prize as the great bull
"hrk OF the life and property of the citizen We
are taught by history that the indcpendsnce of ,h.
Judiciary, If not the first was certainly one o., tho
most important victories achieved bv popular riobts
over arbitrary power There is, however, n marked
distinction between the indeyendence and the ir-
responsibility Of judges. While | would ouord
with vigilance the independence OF iuige. bv
hXlng the tenure OF his office with certainty and
precision, and securing to him fixed salary
"hich shouid not be diminished while in Office;
would, on the other hand, make him kno,o and fecI
ms responsibility for faithful discharge of his duties
would make Judges removable from office not
Only FOR offences for which they are noao INN achabe
n,.. Iof every permanent inability OF ncap,city for
Il regular and efficient discharge OF their duties vine
hcr originating from disease, natual decay i,,nro,er
hahits or rcmssness of duty. To secure H.,
THIS OBJECT, would make them responsible and an
s"rr"bie for acts OF omission well as commission
70 some removing power, wherover such power
after natPrc considerations could be most iudciousv
and ehcaciuusly located. The duties of iudre r.
distinct; y known and defined. He of all others o,,J
10 KNOW them For Jrj|fH inf
inct OF duty, would punish him by removal from,
Office the evils Of judicial irresponsibiItv have
been long and deeply felt by the community the sub
Ject Is vital Importance and demand the mos any
ious attention of the Convention
fonr last inquiry is, whether the Governor and
inuncipa officers ought not to be elected Immediate
~ by the people?"
The policy of such provision in the constitution
us general propositions consider undeniabc do
no. think the power could be deposited anv whore
with SO much safety The duty of these officers ne
cessaTy act directly upon the people, and immediate
~ under their observation Neglect of duty or ause
OF power would be best known ind soonest detected
oy those who hold the correcting power There arc
ecrtaiy exceptions to this general propositions re-
suiting no N the peculiar duties Of particular officers
Inc extent OF power which may be vested in ti On.
werner under the new constitutions NAV have an i'm
Poftant bearing upon the question If it should be |
uecie" wise oy the convention to give to the Cover
nor the power OF appointing the various municipal |
officers he ought certainly to be elected inmedatalv
by the people, and held responsible to them for the
conduct OF those whom he may appoint If, on the
other hand the people elect the municipal officers
mere VIII be lett to the Governor small share of
power and responsibility, as to make il \ question
whether The loss of tise and other consequences in
Orient to frequent election of the Governor would
eos c99unterOaonce any advantages to be expected
rom h ene exercise OF the right by the people
nave thus gentlemen frankly avowod my, o1,iniors
upon the several subjects, upon which YOU have
thought proper to interrogate me. hone IN con- /
cSlon, may DE permitted to suggest to YOU, and
~ tue progress Of ovr earnest efforts at rc-n, I
nave now arrived at an important crisis. If re1ar5
7s OF the substance, we after the shadows five
distract ana divide ourselves upon minor and conpa
raiv.y inlnlportant poins;tif suffer or
local or petty preudlces to influence orr course ON,
ihbours viii have been in vain; the opportunity will
3e lost; and the day of reform will be far distant.
re IS "Iinliy blind who does not see and criminay
who does I-no,y +I,o-, -