Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-04-28

ty. The character Of the State is forned--her re-
sources sufficiently developed to bring them within
the range othe talents virtue and intelligence of the
Senators and Representatives., to arrange combine
and systematic her laws and policy general and To-
cal.
Strong objections urged to the present judicial
establishment othe State, in of its departments:
and it may be entirely free from objection i'm any
They hold their offices during good behaviour through
out from the Justice of Peace to the Court of Ap-
peas; and although liable to npeachnent are triabe
by the Judges
The difficulty of deciding what is bad behaviour is
great in general, that there seems to me no ctTc
tual means provided In the present government to
are familiar with the practice of the courts known to
exist. Two remedies may be applied; election, and
an abridgment of the tenure of office.
Popular election cannot be applied with any pro-
priety, think, to the judges. The reasons are va
rious, and readily suggested. 1t is needless to emu
mcrate then. And although Justices of the Peace
are elected by the people in five States, (pertapsl
incline to the opn'on that the other mode is far pref.
cradle. The only difficulty upon this subject arises
q incline to believe) from contounding independence
with responsibility. The Judge and Justice ought
to be independent of other departments; but both
ought to be responsible, either Immediately or inter
med,atey, to the people How, (tor nstarce) could
the independence of the Judge be operated upon,
while acting under commission, for ten wears and
until q successor was appointed, I cannot conceive
If he faithfully administered the laws, the jndpnent
OF tHe cou1t WOuiu De Lle pest recommendation for
continuing him Judge. If he did not, he ought
not to be judge. No man in Virginia could expect to
secure his election by partial administration of
justice. AT present it does not follow, when an i'm
improbable offence is committed that n Drosecu,np
is had.
Maryland and North Carolina provide for prosecu-
tons for indictment. In every other State II belieye)
they prosecuted by the popular branch of the Lee
gisature, or by persons appointed by them and tried
by the Senate or other branch of the Legislature
Here they prosecuted before their brethren and
tried by them.
Several of the States have adopted this plan of
commissioning for stated Periods and almost all have
provided FOR removal from office upon the address tt
two-thrds OF both branches of the Legislature to the
Governor. Some, (as Georgia for instancel have
adopted both and large majority the States have
adopted the policy of removing from Office upon the
JOINT address of the Legislature.
/ would not be understood as adoptinp decisiyey
any one of these modes. | adduce them to shcw
that notifications of the judicial power have been
made In many instances and judging of the influence
OF the experiment, by the celebrity of the tribunal
there would seem to be no good reason why we might
not venture upon some plan to improve our own
see no objection to have the judges nominated BY
the Governor and elected byjont ballot of both houses
OF the General Assembly, and commissioned for ten
years at time, and to continue under that commits
sion, until elected. successor was appointed
and to be removed in the time by Joint address
of two-thirds of both branches of the Legislature
Justices of peace might be commissioned by the Gov.
the nomination of some other than themselves; tho
delegates from the county for instance
have thus, sir, very briefly reviewed the leading
subjects of consideration for the Convention, and
have ntimated my opinions, whenever they have been
readily susceptible of any distinct form. My neigh
bours and counymen have Alright to know my opil,-
IONS The freeholders of the district have also a
right to know them, under existing circumstances
and theyar frankly given, as well to correct any
msapprehension, to prevent any effort at Inisre-
presentation So far political principles are con-
cerned it cannot be necessary should say any thing.
have now been for number Of years in the pub
lie service, and humble as my may have been
| 1T has not entirely escaped observation.
Whenever political principles occur, shall adhere
to to-, them as have ever done, in out of office.
When questions of policy, expediency, are to be
considered, ought always to be done with berali-
ty. candor and frankness.
1t could not be otherwise than agreeable to me to
afford my county any aid they may think me able
to give, IN this highly interesting crisis and am
very grateful for the kind and complimentary manner
IN which you have been pleased to speak of me and
OF my public services. fiji shall be the pleasure of
the district to elect me Delegate to the Convention,
will serve it with fidelity
Very Respectfully, yours,
RICHARD EPPES.
WIN. 0. CHAMBLIss, High Hills, SUSSEX.