Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-04-10

safe, .ouid no, &c psed,ea'ed Gu equitable and
Just principles" Z.
ton may he new. modelled, so rs TO promote the
| interest Of the state generally:" and
E" Whether the executive and ministerial officers
( OF the govcrnmentou gh, not TO be elected imme-
diateiy by the people,
In compliance with your request, st ate that it
has long been, ami is not my opinion merely, but
| the settled conviction Of my mind, formed after
patient and aborious vcs,igation, and OH mature
consideration, that the existing Limitation OF the
| right of sufisge is absurd and anii-rcpublican;
and that the enjoyment OF the right ought to DE
extended to large proportion of non-frceholiers,
now held IN state Of political Acknowledgement,
without necessity, and, therefore, against right.
For the reasons on which these opinions are found
cd, refer you TO a pamphlet written in 1925, en-
titled " The Constitution of TO- a copy Of which
accompanies this letter. They set forth, at
large, from page 81 TO page .! inclusive.
For my opinions on the subject OF the existing
inequality Of representation. and the principles
which should regulate the distribution OF political,
power among the different sections Of the Com
| monwealth,i refer you TO the same pamphlet
pages to 23 inc!usivc-to pamphlet written in
February 1927, entitled 1.-The Convention ques-
| ton in 1927" and TO one written in December
1928, entitlcd' An earnest appeal to the friends
| o. reform in the Legislature OF Virginia." copies
of which, are herewith scut. have set forth, at
large, in those publications, the reasons which
have produced settled conviction in my mind
that representation ought 20 be e9uazed on the
basis OF white population alone.
take up the fourth question out Of lis order TO
say, chat am decidedly Of opinion that the go.
vernon and tho sherifs ought 10 be elected imrne-
dately by the people.
On the remaining subject, "she judiciary branch
OF the Constitution" my opinionis, hut it is given
with great Difference TO the difficulty Of the SUBJ
jec', tina, the following notifications Of the exist.
ing system should be engrafIcd on the new Con-
sttution:
L. That the judges should be appointed by the
hry tsuv;tk
the Senate.
2. That they should hold their Offices during
good behaviour, or until removed by the concur
rent vote Of two-thiris of each Of the legislative
bodies (not OF quorum OF those bodiesl soernniy
approved by the governor, the causes of such re-
moval TO be distinctly set forth in the resolution OF
motion; and
s. That the number Of Judges OF the Court of
Appeals should be fixed by the Constitution.
am not aware Of any other desirable change
IN the fundamental organization Of the judiciary
department, save, only, that there should be no
constitutional court except the Court Of Appeals.
as to tho organization. in detail, of the Judi.
ciary system, conceive that it should be lett TO
the ordinary legislative bodies.
repeat, that on the subject OF the judiciary,
express my opinions with great .dilhdeIce, and
only because am expressly requested to state
them. The subject is full of difficulty, and !
consider him assumptions politician wlro does
not hold himself open TO conviction on all its i'm
por.ant points.
Yonperceive that have not attempted 10 assign
single reason, except by reference. for the opn-
ions have stated. take It for granted tina, Won
did not expect them. To give the reasons on
which my opinions are founded. would swell my
letter into a treatise on government, which have
not leisure to write, you, presume, inclina-
ton 10 read.
4 am, gentlemen, very respectfully, your ODE.
dent servant,
JOHN R. COOKE.
JUDGE FUCKERS LETTER.
WINCHESTER, March 20, 1929
.EessTs. JPiNidnr ByicaferS. Joseph H1chaey
YIN. Lynn, and Josiah Lockhart.
GENTLEsIErc: L duly received your Joint com,
Inuncation, and should have proceeded immedi-
atesy to reply 10 it, bnt yen ntimated that an
answer would be expected before April court and
as was pressed by some urgent ayocations. I
have postponed this letter until the present mo.
ment.
Your first enquiry relates TO the extension of
the right OF suffrage, and am asked whether I
do not think II may be advantageously extended.
answer in the affirmative. In the nature OF
the thing II. cannot be universal and accordingly
all concur IN the exclusion Of slaves and free ne
groes, and even of infants and females But very
many are obviously excluded whose virtue, in
teigence and deep stake in Tire welfare Of the re.
public, will compare advanta geoisy with the mos,
respectable O! the class OF citizens TO whom the
privilege Is at present confined. Persons holding
leases Tor years, merchants engaged in business
not only gainful 10 themselves but profitable 10
the State. and the industrious mechanic who is as
independent Of his employer as his EMPLOYER is OF
nm, are Instances OF unjust exclusion from this
essential right of the citizen. / therefore hope
there will he no difficulty in the approaching Con-
venon rs TO those and other merior;ols classes Of
citizens, even though the right of suffrage be noi
rendered universal. Persons may be so situated
however, as TO render il unwise to extend 20 them
this privilege, though it is certainly very difiicnlt
to draw the line. Take, for example, the numer-
Gus hands employed in manufacturing estab-
lishments, who are here day and gone Tomorrow,
VINO hang so loosely upon society that they can
scarcely be considered as members of the BODY no.
iiiic In other States, /, has been found that the
wealthy owner OF such an establishment will 90 TO
the polls, followed by his numerous hands all rea-
dy TO comply with his wishes, and TINS enabling
one man in fact to conlroul the election of coun.
~. While, therefore, am for a very considera.
Die extension Oh the right of Suffrage / cannot af-
firm tha! it ought TO be universal, and am of a.
PinIen hatte line Should be drawn with the most
scruPuious desire to embrace all who NAV fairly
De considered ms members Of Tie Commonwealth.
and VINO cannot be regarded as under inproper
influence or controul. IIotc this is to be done.
must be matter Of candid and deliberate consul.
ta'ion 10 decide in anticipation upon all its
details, would unfit the individual Cor a delibera
tive body.
$50 The apporii0nment of representatives be-
tween the different sections Of tie State, my an.
swer is easy. can conceive OF no !e ritmate nrin
epe OF apportionmen. other than that OF free white
population:
Your next enquiry is. +" Ho,U far the Judiciary
may be Dew-modelled, as to promote the inter-
ests Of the People! 10 This reply, that am of
opinion that very important changes may safely
oe made in This branch Of the government. /
think that ii is advisable that the term of Judges
service should expire at sixty years of aes:-tba,
besides being removable By impeachrnent for
MISCELLANEOUS, he should be aiyo removeahio H.,