Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-04-15


people could not be induced TO attend. Such cleo
tons therefore, would, in cases, be carried by
few men, aud would not, IN fact, be made by The
people. r..
And again, if the people were TO be compelled by
law TO attend all such elections under penalty (as is
now tho case IN elections the leg slature their ne
cessary frequency would iavol,c much Inconvenience
and infinite trouble.
l. should say, then, in answer to- this query that
only the most important of these officers should be
elected immediately by the people.
have the honor to be, gentlemen, yourvcry oSedi-
ent servant JAMES NJ. MASON.
MIR. CAsTLEMAN's LETTER.
10 .Messrs. Josiah Lockhaf, Tin. ByYaiers, Nm.
.- Lynn, aud Joseph Hackney.
OENrLEMEN:--I have received circular address
cd to me, to which Your signatures attached de-
string me to discloac to you land take for granted
through you TO others) my opinions upon certain
terrog storics therein propoundcd.
Not acknowledging nor impclled BY the general
authority dvoced by you, AT influenced by respect
Tor you as individuals, for that respectable portion
OF my fellow citizens, cho hare delegated this
o. agency to you; and conccalmcnis are ncces-
sary with me upon the present or on any other
sion. shall proceed to answer your queries, with as
much perspcuity and precision my humble attain
ncns aud limited knowledge upon the great subjects
IN question Will permit.
In regard the extension of the rirht OF suffrage
and the equalization OF representation according to
the free white fppulation,the amount of your first
aud second intcrrcgatoricsSI had supposed no
my being in favor III both propositions as my votes
IN the Legislature upon The convention bin have fully
attested, and to them respectfully refer you.
Your third ipterrogatory las to how far the Judi
ciary system may be reformed" involves a subject
ofthe deepest and most intense interest one upon
which the most vlrtuous, patriotic and enlightened
men differ essentially, and upon which am free TO
confess, 1t would require mind of greater research
and of much practical observation than mine to
give full and satisfactory But this much at
least will say, vthe should be subor-
dnatc and subject 10 It's creator that all public Off
Gers IN representative republic like ours should be
accountable, aud return at regular periods TO the
people whose servants or agents thy nre--conse-
quenly no good reason Gun be shown why the Judi
cary should be exempt from this due responsibility
and regular return to the bosom Of the community
am opinion that they (tle judges should be ee-
gbc for fe and elected by the representatives othe
people IN their Legislative capacity at regular periods
Tor term of not less than FIVE nor more than ten
years, with al the liabilities to impeachment that
now exists.
This plan, think, would render them sufficiently
independent to ensure equal and impartial disper-
saton OF justice. and at the time subject them
TO n just responsibility. There are many who think
the present chancery court system should be abolish
ed aud that regulation, giving to the Judges of
the superior and circuit courts of law chanccry uris
diction- might be substituted. AS for myself never
having been irtU student and but lit conyersent
with law either in its theory or by practical litiratian
am not sufficiently informed to speak conclusivey
upon that point but believing the present system ex-
trerncy detectives that in many instead of rem
derng speedy Justice. it causes DELAY of IL mud
sometimes really amounts to % denI Of Justice am
OF opinion that some suitable remedy should be afford
ed. What that should be- and TO what extent carried
Is matter requiring much reflection, and Justice to
myself, and due respect to the opinions OF others
better qualified 20 Judge seems TO REQUIRE that more
I time and observation, than ! have vet devoted to
that branch of the subject, should be had in making
up decided opinion ON matter Of such importance.
My ,mP7eSs'ons however, according to the partial
and limited riEy aAen Of IT, rather incline me to be.
lieye, that no danger be feared, nor serious nu-
~ incurred, by blending tie two courts together;
and that much good nay result from il; but of this
presume not to speak with certainty. Perhsps il
were better the Legislature should be empowered ia
provide such change in that respect their wisdom
and experience may find necessary TO whose pro-
vince 1t seems to me, 1t more properly belongs pro-
vide remedy.
AS to your fourth and last query, Hwhethcr the OK.
ecntiye and ministerial officers should or not be cleo
ted immediately by the people" my opinion is that
'he most important of them should be elected but
thlk those OF minor Importance should either be ap-
pointed by the county courts, elected by the Iegsla
ture, or by some other mode which the Legislature
may provide.
The present county court system. notwithstanding
its many exceences has lis defects not only in prac
tice, but in it's organization. 1t is body bavnr
within itscfa principle Of self creations and in soe
respects the members OF 1t privileged to exercise
executive. judicial and legislative powers-a trust
fearful in its possible and probable consequences
but whence the appointment of those functionaries
should be derived it is difficult to devise, as should
be opposed to seeing candidates for county cour,
justices electoneerng among the people for Office
Their tenure Of oic5 should be similar to that the
superior court judges and they should be liable TO the
same responsibilities.
Having thus frankly given you my humble and inn
perfect views upon all the subjects required have
only to add, in conclusion, that ifyour object in elir
ting then has been prompted by an expectation oil
my being presented a candidate for seat in the
Convention, such an honor If confcrred would be as
unexpected as unmerted by me- and knoyynp ns !
40 my great lnadequacy upon subjects involving con-
stulonal law and the great responsibility Of that
dIgnied station, aspire not occupy it; and with
dhdencc shrink from the most distant expectation
. OF sltuaion which am free 20 say, can he filed
with more ability andusefnlress by others For tho
testimony Of confidence extended 10 me by the peo-
PIE or any portion Of them, at any time feel great
~ oblged and offer them my grateful thanks and
upon this occasion beg leave 20 tender hera TO Won
and to such other ofmy friends whose par,ality ma
nave induced your notice ofhle upon This OCCASION
am already candidate for the state lersIoture md
nfsaf ysar. - e.