Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-05-01

population was equal 10 some ratio, TO be hxeH by
the constitution, TO be an average OF any contiguous
territory and population entitled to representation,
and elect alternately, ard in succession, the re-
presentation, il would remove the present objcc-
ion; while few counties of more than an average
population CATER this reduction OF the Dumber)
might be allowed an additional delegate, any cx-
cess of population ADORE the ratio; which should
be also fixed BY the constitution. This mode has
been adopted BY some of the States, and no in
jury or Injustice results from il.
If population is substituted for the county plan,
shalt the whole population be taken. Or the
white population alone! Or the white population,
and portion of the Slaves, the Congressional
representations now! Population is insisted upon
by some, as the only principle Of representation.
This apprehend is not true in fact; know il is
no, in practice. No state in the Union adheres to
It, ia both branches, and almost every one disre-
CARDS il (prac,ically) in the Senatorial branch.
Vermont, Rhode Island. Ohio. Kentucky, and
Tennessee. approximate more nearly than the
others. The other states, believe, large por-
ton Of them. kno,D, violate it IF it be a prnci-
ple) by excluding portions Of their citizens on ac-
count of residence, property, citizenship, or by
making unequal portions of population, equal in the
Senate; by elccing BY counties or towns, &c. or
10y eecting by electors, chosen by the people.
II population was the only principle Of repre-
sentation, or any principle at all. it never
would be disregarded, or violated 10 this extent
regard population as one OF the modes in which
the principle Of representation may be applied,
see no grave reason to reject it in great many
cases where the State is small, or its population
enjoying an equality Of political rights, would
not admit It the only mode. or the best mode, o:
applying the representative principle; and espec.
ally, when portion OF the population were denied
any active political agency, and were also subject
10 direct taxation, as the slaves are with us.
lfpopulation is assumed as principle, the same
argument Ut appears to mel necessarily proves il
should be the whole population. This is not the
n xyhn fpSir If otp -
1t is the white population. 1t is not proper, I'M
der any circumstances, in Virginia. that this point
should be conceded in the Couvcntlon, else
where The power to tax or liberate. must re-
main with the master, or it's gone; and the temp.
tation to do boti would I've too strong TO he associ
ated with power in government, 20 do i. withou,
the consent OF the owner
The subject (prcpeTiy, Think exctes the deep
est interest in the eastern and middle country, ana
upprehend will he one o; most difficulty. l
should prefer greatly TO arrange this question (of
representation upon the firs, plan. L. that should
lie found i,npracticd5le andthe slaves entirely ex-
Guided, it would be necessary to provide in the
Constitution, that slaves should only be assessed
and taxed IN the same proportion as the land, and
no others Included i'll the assessment than those
at for labor, and giving TO the Senators negative
upon every question OF assessment.
Either mode would reduce the House OF Dele
gates from 2ii tits present number, TO 100 or 20.
Econoiny and Dispatch are important considerations
IN the formation OF government; for either OF
which, the present number is'too great.
The Senators should be increased to thriy-six
at least, and the term OF service reduced 10 three
years. They might elect president from with
out their own body; he nigh; he the 1t. Governor,
and have casting vote, and no other. They are
now at too great distance from their constituents
for their official responsibility to be as actively
operative, as the public interest sometimes re-
quires. The Senate now consists OF "a members,
thirteen Of whom may do business, and they de-
eide by majority OF those present. Hence ii is
apparent, that seven men may pass or reject the
worst or the best law, in which a million of people
are Immediately concerned. II is not necessary
that this should have happened. I. is sufficient
that il may occur.
The Governor should be elected for three years
at time, (no, by the people. unless he is to
else past OF The legislative power) and be out for
three years; and instead of the Council OF State,
Secretary, and the public officers, might be the
advisers Of the Governor, when he required il; or
perhaps, when he wanted advising. II, however,
the Governor is 10 have n negative upon the Le-
gisla.ure, (and there are many examples Of il
among the Sta,es) he ought 10 he elected b. the
people. Frequent and immediate elections by
the people. are indispensable TO chasten and purify
the legislative power; not necessary in executive
or judicial power; and perceive strong reason
10 induce the belief, that Governor Of Virginia
should have any portion OF the Legislative autho-
rity. The character Of the State is forned-her
resources sufficiently developed, TO bring them
within the range Of the talents, virtue and intel-
gence OF the Senators and Representatives, TO ar
range combine, and syse atize he laws AMI poll
cy, general and local.
Strong objections are urged 10 the present Judi
cia establishments Of the State, in of its de-
paFtments and il may not be entirely free from OBJ
lection in any. They hold their Offices during good
behaviour throughout from the Justice OF Peace,
to the Court of Appeals; and although liable 10
impeachment, are triabe by the judges.
The difficulty of deciding what is bad Jehdui.
or is so great in general that there seems to me
no efIectua means provided in the present govern
ment, to remedy the misehiefs tina, are, by many
OF those who familiar with the practice of the
courts, known 10 exist. Two remedies may be
applied; election, and abIidgrDent Of the tenure
Of Office.
Popular election cannot be applied with any
prcpriety, think, 10 the judges. The reasons
are various, and readily suggested. Ii is need
less 10 enumerate them. And altlIo' Justices OF
the Peace are elected by the people in five States
(perhaps more,) incline 10 the opinion, tina, the
other mode is far preferable. The only difficulty
upon this subject, arises N incline 10 believe)
from confounding Independence with irresponsi-
bility. The judge and justice ought 10 be i1fis-
pendent Of other departments; but both ought 10
be responsible, either Immediately, OF interinedi-
ately, to the people. How Ior instance) coul;
the independence OF the judge he operated upon
while acting under 4 commission. for ten years
and until a successor was appointed, cannot con-
ceige. 1t he faithfully administered the laws the
judgment, Of the court would be the bes, recon-.
mendatioIi for continuing him as iadge. Ifhe did
not. he ought to be judge. No man in Virgins
could expect 10 secure his election By a psrtia
administration Of Justice. ~ presen. IL does mo-
follow, when an fnpeachailc offence is commit
ted, that a prosecution is had.
Maryland end North Carolina provide for prose
cutions by indictment. In every other State n
bolieve) they are prosecuted by the popular
branch of the Legislature, or by persons appoint.
ed by them, and tried by the Senate or other