Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-04-21

Thus lar would have the tenure perfectly in
aependcnt. But my best impressions are that this
orahch OF the government should be subjected 10
more general and direct respon .biiity than at
present, when nothing but corruption or absolute
malpractice in official duty can affect its officers
and then only by the tardy process Of impeach-
ment. They, like all other iunctionaries of go
vernmenf, should be removable for mcconnell ence
for incapacity from any cause--for negligence
or refnissness; or, in fno, for any reason which
WOULD demand the removal OF any other officer
as 10 The organization Of the jasd;ciui Gepurt.
nseAt IN which perhaps &c the Interest, of the peo.
PIE OF tiie state generally il more immediately
,pvo'ved,-my belief is, that much might be done
TO facilitate the despatch OF business i'm the courts.
ana 10 rcnserits transactions less expensive TO
spiors. 10 say ,phdf, would require the exercise
OF great Intelligence, aud Inur varied experience
IN uie forms OF courts. and IN the mutfolI modes
OF judicial investigation.
These matters, however, the distribution Of
courts, and the forms Of business, more properly
belong, aud in most governments are left TO ord;-
nary Legislation.
In relation 20 the character OF our iurispr,-
dence "a divided into common and Statute s;,,y
& chancery law,--the two gre at fountains of RENE
uiai lustice.--I should not hold it very material
Vhethcr they were administered by one and the
same court, or that each should have its peculiar
and appropriate tribunal. In some, perhaps most
OF the states, the two courts kept distinct: il,
others they are blended, ashley are in our federal
judiciary. But in those states where they are
combined, the mode OF administering chancery
law Is essentially different. In some, it is dis
pensed through the formal machinery of the com.
mon law, TO which il has been previously adapteJ
oy proper statutory enactments In others, though
dispensed by a common court. each branch of iu-
risprndence retains its appropriate FORMS ., is now
practised in our county courts
Wnether these courts should be kept separate
and distinct, or should be combined, ought, also,
In my estmatoD to be left to ordinary legislation
because they are then Immediately within the
reach OF the people, may be modelled and Como
deled with facility, and eventually reduced to
such iurn, as experience shall provabest adapted
10 the attainment OF justice, in the most cTectual
anu at the same time, most speedy, and least cx-
Pcnsivc manner.
The last query involves matter for much reflec-
,soh. VIII answer 1t according to the best that
have been enabled TO besiow.
1t is an axiom in our American politics. that an
power resides III, and is derived from the people
part OF which, is that Of appointing all officers who
administer me government. In practice, howe
yer, serious question arises i'll what ,1a,,uey this
power can best be exercised. II the great mass Of
intelligence which resides with the people could
DC put 10 requison at every election, there is no
Ioupt tnat every oincer, OF every grade, ought TO
ne elected immediately by them. But il has been
found that. distributed population Is oyerau
extended country, and in the general closely en-
gagged In Their private pursuits j; can only be on
occasions OF much interest or Importance and those
not OF frequent recurrence, that the BODY of ths
people can be brought to the polls
Ii all executive and ministerial" officers " ere
TO be thus elected, should fear that the body OF
the people could not be induced 10 attend Such
elect ions, therefore, would, in most cases be car
red by few men, and would no., in fact, be made
by tkepeople.
End again. if the people were TO he compelled
by law to attend all suc! elections under n pen,I
~ las is now the case in elections to the leeisia
tnre,) their necessary frequency would involve
much inconvenience and Infinite trouble.
Should say. then, in answer to this query that
only the most important of these officers shonid
oe elected Immediately by The people.
have the honor 70 be, gentlemen, your very
cbedient servant,
JAMES NJ. MASON.
MR.. CASTLEIA Ms LETTER.
10 Jtessfs Josiah Lockhari, I'm. Byroters,
I'm. Lynn, and Joseph Hackney.
uETTLEMEN:-l have received circular ad.
dressed 10 me, 10 which your signatures attach
ed, desiring me to disclose 10 YOU land take for
granteo through you TO others) my opinions upon
certain interroga;ories therein propounded
Not acknowledging impelled by the gener.
al authority dro,ced by you, but influenced by
respect Tor you as individuals as for that respecta
bic portion Of my fellow citizens, aDho haze dele
gated this trust or agency 10 you: and as no con-
ceaiments are necessary with upon the present
Or ON any other OCCASION shall proceed to answer
your queries, with az much perspicuity and pyeci-
sion as my humble attainments aud limited know.
mil. ~
In regard 70 the extension of the RIGHT Of suc
irage, and the equalization OF representation ac-
cording to The free white population the amount
oil your hrst and second intereogatories-I had
supposed no evidence was wanting either 10 you
or the public, OF my being in favor Of both pro.
positions, as my votes in The legislature upon the
Convention bill have fully auested, and 10 them /
respectfully refer you.
Your third interrogatory "as 20 how Tar the ill.,
dictary system may be retoTmed," involves a sub
5ect oil the deepest and most intense nterest-one
upon Wncn the most virtuQus, patriotic and en-
Ightened men differ essentially, and upon which
am free to confess, it would require a mind of
greater research and OF much more practical OBJ
serrafion than mine, to give full and satisfactory
answer. But this much, at least, will say, ssihe
creature should ever be subordinate and subject
to its creators" that all public officers in repre-
sentative republic like ours, should be accounia-
pre- anu return at regular periods 10 the people
whose servants or agents they aTc--consequently
no good reason can be shown why the judiciary
should be exempt from this due responsibility and
regular return to the bosom Of the community
am Of opinion that they (he Judges should be
eligible Tor life. aud elected by the representa-.
tires OF the people in their legislative capacity at
regular periods for term Of not less than i've nor
more than ten years, with all the liabilities to i'm
parchment that now exist.
MS plan, think, would render them sufficient.
~ independent to ensure an equal and impartial
dlspensation of justice, and al the same time sub
ject them TO just responsibility. There are ma
ny who think the present cbaucery court system
should be abolished; and that a new regulation
giving to the judges OF the superior and circuit
courts oil law chancery jurisdiction, might be sub.
sututed. AS for myself, never having been lar
student, and but little conversant with law either
IN IT'S theory or by practical litigation, l am not
sufflcientiy informed, to speak corclusiyeIy uuon
that pon but believing the present system c.
Vemeiy oelecuVej that in many cases instead OF