Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-04-17
MR.. MASON'S LETTER.

MR.. MAsoN's LETTER.
Winchester, March %, 1920
sueSSTs. I'M. Byicate,s, Joseph Hockaey UIinm
Lynn and Josiah Lochha,t.
Gentcmen:-I have received your letter Of the
81 ST INST. requesting Inc to declare my sentiments on
the following points, in reference to tho Convention
which Is to be held to amend the constitution of our
state:
First, whether the right of suffrage should not be
extended
Secondly, whether representation should not be
distributed amongst the white population?
Thirdly, how iar the judiciary should be renodeIl
ed so as to promote the interest oil the people rene
rally.
And last, whether the executive and ministerial of
fcers of the government Should not be eIer,nd inn
metiatey by the people.
u VIII afford nic pleasure to answer those QUERIES
with all the candor which the occasion merits.
be ieve that the right of suffrage should be ex-
tended The principle in bill OF rights that
men having sufficient evidence ofpermanent common
interest with, and attachment to, the coInmunitv
have the right of suffrage, believe to be sound re-
publican d0ctrlne and that subject to such general
criterion, all should be admitted to parcipate in the
affairs of government, who can be SO admitted win
safety to the whole citizenship asceruined 10
be permanent with contribution toward the expenses
anu burthcns OF government, i'll shape oftax to some
extent, should esteem such sufficient evidence
On the matters in the second query can have hut
one opinion that the white population is the proper
and only true basis of representation in the epsatre
and as fundamentally essential to the character of
be equally represented.
he third quere, you will readily perceive covers
t1hcn Sround-w'th which nothing but reply tso
elaborate ior these limits would be entirely conimen-
surate. l WILL however, freely express mvsejt on
those heads of prominent interest or imnortance
which are embraced byit.
lam by no means one Of those who approve of in
dicia irrespohsi6i!ity. The officer who pronounces
what Is the law, and discharges the delicate trust of
applying to the citizen, either it may affect his
person. or his property, should by the tenure of his
oflce, be unquestionably removed beyond anv depcn
lance winch reach his integrity or bias his Judgment
thus far would have the tenure PERFECTLY ndepen-
DENT. But my best Impressions are, that this branch
OF the government should be subjected to more rem
erai and direct responsibility than at present when
nothing but corruption or absolute NAL practice in Of
heal duty can affect its occs and then oplv nv the
tardy process OF impeachment. They, like all 9th
er functlonarics OF government, should be replova
Die ior lncolnpetencetOr ncapacity from auv cause
--for negligence or remlssness; or, in fine, for arv
reason which would demand the removal of apv NH
or officer.
AS to the o1gnaisatiaa Of the judicial department
III which perhaps 'the interest of the people of the
slate generally" Is more Immediately involved,-n
belief ls that much might be done TO facilitate the do
spatci of business in the courts and to render it,
transactions less expensive to suitors TO say What
you'd require the exercise of great intelligence and
nuch Varied experience in the forms of courts and
ID the mutiiod modes of judicial investigations
These matters, however, the distribution of court,
md the forms of business, properly belong and
~ most governments are left to ordinary I,nisiatop
In relation to the character our Jurisprudence as
iiVlded into cemmUn and statute law, and chancery
aw,-the two great fountains of remedial Justice -
should rot hold it very MATERIAL whether they were
administered by and the same court or that
each should have its peculiar and appropriate tribu
nal In some perhaps most of the states the two
courts are Kept dstinct in others they are blended as
they are IN federal judiciary But in those states
wnere they are combined the mode Of administering
:hancery law is essentially different. In some it Is
dispensed through the formal machinery Of the com
mon law, to which it has been PREVIOUSLY adapted bv
proper statutory enactmentS. In others though dis
pensed by common court, each branch of iurspru-
ence retains appropriate FORMS as is now practsed
in our county courts.
Whether these courts should be kept separate and
distinct, or Should be combined, ought also in NV
estimation, to be left to ordinary cgisation-because
hey arc then Immediately within the reach of the
'coplc, may bemodelled and rcmodclIed with facility
md eventually reduced such form, as experiences
shall prove best adapted to the attainment of Justice
the most effcctua and mt the same time most spet
iy, and least expensive manner.
The last query involves matter for much reflection
will answer it according 20 the best that 7 have
been enabled TO bestow.
1t is an axiom in American politics, that all
Jower resides in, and is derived from the people
'art Of which, is that of appointing all officers who
'dmlmster the government. In practice, however, q
serious question arises IN what mdnher this power can
rest be exercised IF the great mass of intelligence
Finch resides with the people, could be put in requ-
lton at every cccLlOn there is doubt that every
Icer, OF every grade, ought TO be elected inmedi-
teIy BY them But Il has been found that distribu
cd as our population is extended country ard
D the general closely engaged in their private pnr
uts IT can only be occasions Of much interest OF
Importance, and these not Of frequent recurrence Z
hat the body o. jLc people can he brought 20 the "