Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-04-10
Your enquiries arc four IN number, and relate 70


3. Neio modelling the judiciary. !.
a. The mode 81 e'ecting the eSceutlcc and
ministerial officers.
Ishali reply to these questions in the order in
which they stand To the FIRST, answer, that
am in favour Of extending the right of suffrage.
heartily subscribe 70 the declaration contained
IN our Bill Of Rights, as That dl men haring suf-
.3icient cride,,ee Of permanent common interest
srith, and attachment to- The c0n,n.unity, are en-.
titled to thc right Of suffrage" consider the
extension due 10 principle, aud that il Is demand
edby every consideration Of Justice and sound po-
Icy. From necessity there mutt be limit 10 the
exercise of this right. What tina. limit ought
TO be, Is a difficult AL delicate enquiry. The
extent OF the right ought 20 be expanded as
possible, consistently with the safely and true in
terest of The community. The result of my re-
Elections on this subject has led me to the concu-
sion, that the most just aud safe test that be
applied to the exercise OF the right is. that the in
dividuaI Claiming the exercise OF the right
ought TO furnish adequate and satisfactory
evidence OF his bona Edc intention and cxpecta-
ton OF living under the laws he claims to
participate IN making. Payment OF taxes into
the public treasury, and residence for specified
time in the State, and in the county where the
right is claimei.i furnishes, perhaps, the best
evidence OF suci, ooan fde intentions. This test
would exclude all temporary soiourners and timer
ants, feeling no interest in the prosperity of the
State, and embrace all having permanent inter.
est identified with the community.
Your second inquiry relates to the basis of
representation in the legislative department Of the
government. l can have no difficulty or hesita-
ton in expressly ayowing my opinoa on this sub
sect. Equal representation, founded on the basis
oil white population, is certainly the only lust
and republican principle in free government
Every departure from this principle is nnti-repub
'ico, unjust and i',dsfensi5le. Such departure
would lei IN its progress to the subverson Of IL
berry, by the Introduction, first, of arisfocracy-I
secondly. ohgarchy-and finally, despottsm. 4
would give my assent TO no form of government
oil which white population was not the basis of re-
presentation.
Your third cnc,;,y ro,,+., o., , .,,,-.. ri
the deepest interest 10 the community, and will
no doubt, receive the gravest consideration of the
Convention. Your question, in the shape 10
which II is propounded, would, at the FIRST blush
appear TO require an answer in detail. I pre.
sumo such was not the intention OF the committee
II could not, am satisfied, have been intended
20 elicit any tavorite Plan ofmy own, Of judicial
organization for the state. l will not pretend,
that, in reflections on this subject, have moi
formed Tor myself favorite judicial SYSTEM con-.
dactve, in my opinion, TO the wise and speedy
administration OF justice. But the details Of the
plan would involve distinctive features, and re.
quire many explanations, covering a space great
Iy beyond the limits OF a letter; and, moreover.
have not the vanity to believe my particular
scheme perfect. or that might not be convinced
by argument, and comparison Of views with
others, more capable Of judging. that some. if
not all, its prominent features, required material
aitefation. DO not, however, hesitate in saying
that regard our present judicial system as radi-
caily defective, and as requiring supervision and
reform, as much as any other branch OF the poy-
eminent The independence ofihe judiciary, as
understand the term, prize as the great bull
wark of the life and property Of the citizen. We
are taught by history that the independence Of
Che judiciary, If not the first was certainly one of
the most important victories achieved by popu.
lar rights over arbitrary power. There is, how
ever, marked distinction between the in6e
Iendefce and the trresponsi6iity OF Judges
while would guard with vigilance the indepen-
aence OF Judge, by fixing the tenure Of his Of
nee with certainty and precision, aud securing
TO him fixed salary which should not be diminish.
ed while in Office; I would, on the other hand. |
make him Enoto and feet his responsibility for
Judges removable from Office, not onIv for NJ |
fences for which they are no,r impeachabIe.
out Tor every permanent inability or incapacity
lot regular and efficient discharge of their du-
ues' whether originating from disease, natural |
decay, improper habits, OF remissness Of duty-I
10 secure effeetually this object, would make{
tnem responsible and answerabIe for acts oil
omission, as well az commission, TO some Iemov
ing power, wherever such power, after mature
consideration, could be most iud;ciously and eff
caciously located. The duties OF Judge are dis |
nuc.y known and defined. He Of all others.
ton or neglect OF duty, wonld punish him nv re-
moval from Office. The evils of judicial ire |
sponsibi!ity have been long and deeply fell, by !
tne community; the subject is OF vital importance,
and demands the most anxious attention OF the
Convention. 49,
Your last inquiry Is, Z" whether the Governor
and municipal officers onght not to be elected
The policy OF such provision in The Cons,i. |
'a!on' as a general proposition, consider uude-
niasis. do not think the power could be depos- |
tied any where with so much safety. The du- |
ues chinese officers necessarily act directly upon
the people; and Immediately under their obserya- |
tion. Neglect OF duty or abuse of power wouId
be best known and sooner detected by those who
hod the correcting power. There are certainly
exceptions to this general proposition, resulting
from the peculiar duties of particular Officers.
The extent ofpower which may be vested in the !
Governor under the new Constitution. NAV have
au important bearing upon the question. If il |
shouid De deemed wise by the Convention to give |
tothe Governor the power Of appointing the yari.
GUS municipal officers, he ought certainly TO be |
elected Immediately by the people, and held rs. /
sponsibie to them for the conduct of those whom
he may appoint. IL, on the other hand the peopIe
elect the municipal officers, there will be left to
me Governor so small share Of power and res |
ponSipiity, as 10 make Ii question, whether the
Loss OF ume ana other conse quences, incident 10
frequent election or the Governor would NOT com
tesbaance any advantages TO be expected from The |
exercise OF the by the people.
nave thus, gentlemen, frankly ayowed
my opinions Upon the several subiecfs unon
which you have thought proper 10 in,errogats
me. hope, in conclusion, / may be permitted
70 suggest to YOU and through you, to our fellow.
cIuHehs OF the district, that, in the progress of
our earnest Efforts at reform, we have now nrriy.
ca a, an important crisis. If, regardless Of the
tuos,ance' we run after the shadow if we distract
~ unimPorfan points; If we suffer Sectional o. In.
car or petty Prejudices 10 influence our courss
OFT Iabours Will have been in vain. the o,nor,,,
my Will he lost; and the day Of reform will 10 f
ois'ant. lie IS Wilfully blind who docs not see g.
crminaity unnioTmed who does not krao,otbat the