Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1829-05-07


i ing 70 the dangerous expedient Of periodical
appointments.
Much might be done to cheaper and facll-
tate .he administrations % Justice, by judi
sious reform In the organization of the Courts.
The Court OF Appeals in consequence Of some
defect in the legislative enactments, relative to
the Chancery Courts, is burthened with BUSH
mes, to such an extent, that suitors having cases
taken there, cannot look forward with any rea
sonable expectstion to their final adjudication
in much less than twenty years, unless they are
of class called, privileged cases." and the
evil is increasing in magnitude with every sue
cessye term OF the Court. Similar complaints
are made relative TO the Chancery Courts
Perhaps a combination OF the common law, and
cbAneery jurisdiction, might in some degree
| lessen ifi, did not altogether remove the evil
it is at least worth the experiment II, there.
fore there sany constitutional difficulty in the
way of such combination, Gas many persons
have commended, is the CASEY the restriction
ought to be removed and the whole matter
| left open to the operation of ordinary iegisia-
ton, Of which, the organization ofthe Courts IS
legitimate subject.
| The defects in the County Court system
have also challenged my attention The mode
| os appointing the justices Of the County Courts
| conceive 10 be the most sristocyatic, and a.
boniinabie feature in our Constitution, much
4
own observation; the power of continuity and
self perpetustion residing in any body. pos
| scssing civil or political power, cannot fail to
result in corruption, where there exists any in
centive 10 il, and the frailty Of human nature, s
such. that no man can rely with any salty, upon
moral restraints, as security for bis lie, ms lib.
srty, or his property should have no great
objection to abolishng the County Courts alto
gsther, and substituting in their stead, judges,
the tenure OF whose Offices should be independ-
ent. but whose responsibility should be ample;
or at least the power of appointment OF msgis
trates, should reside III the people, or some
other competent body, and such degree OF
responsibility be required of them, as would
secure the prompt discharge Of their duties,
The entire absence of responsibility, as well
las thu want of pecuniary inducements, think
have operated to produce much neglect on the
part ofthe magistrates, and consequently great
Inconvenience end loss 10 suitoFs and witnesses
| Your second quere. "In regard TO the equal
IIzaion of Representation, ELECTS from me a
reply. which, am confident cannot but be
acceptable TO every man who entertains Just
regard for the fundamental principles of re.
publican government. The free white popula.
ton of the State, is the only basis which can
ever recognize as the legitimate one for the
lapportIonment OF repre- sentationJ and perfect
equality of apportionment upon that basis,
consider indispensable.
Your third qusre. "As to the extension Of the
Right Of Suffrage" embraces a subject that has
often and long commanded my earnest atten.
ton and deepest so'ieitude; I cannot but regret,
that feature so touozious to the true princl.
pies OF repubcsnism, as the restriction of suf
|frage to fieehoders, should have nsinuated
itself into The favor of the trainers Of The Con.
, s,iiution. That some Limitation OF the right
. should exist, will think he conceded by ali
rejecting men; how far that restriction should
leStend, is question of no little deiicscy and
difficulty; my views of the subject weuld in
duce me to extend the RICH, as far as it could
be done conscientousIy with the perfect secu.
rlty of he great in; erests OF the people; but
what criterion would effect that object is not So
easily defined ] should however with some
degree Of confidence, agree to extend the pri-
iyiiege of voting, to slI free white male inhsbi.
, tsn,s OF the commonwegtn over twenty one
, years of age, who had resided two years in the
State, and SIX months IN the County where
. they offer to vote, who had paid the county
levy or State tax assessed upon them, and who
were DOT psupers, lunstics, or conVicts of any
infamous crime.
1t has been commended by some rersuns, that
property the only legitimate SUBJECT Of taxa.
ton, and that the assessment and collection Of
the county levy, are IN lustifisbe acts of usur
patton upon the part of the government, end
, that persons owning nc property, ought not "a
be liable to taxation, and consequently have nc
claim 10 tie right of suffrage This course OF
argument suggests the idea, that the protection
Of property is the sole object of the formation
OF government, an idea so preposterous thar
am astonished, that any man of sane mind
should entertain it. The preservation of the
Icltizens life, and the protection of his person
from Insult and injury, certainly Oh jeets Of
primary importance. OF what value would the
property of the citizen be TO him, If his life,
his health, and his personal liberty, were at the
mercy of every man IN the community, who
possessed more physical force than himself -
The preservation and protection OF the life and
iibsPty OF the citizen, certainly the first and
most important objects Of government, and as
those rights are as well secured by eur gov.
Iernment, as ia the nature of things they
can be secured every man who resides in the
State, and enjoys the projections Of its laws,
rests under solemn obligation, to contribute
has mite towards the support of the govern.
nen,; and if he acknowledges the obligation,
and complies with its terms, he has an indubit,
able right to say who shall minister TO his pro-
Election, and who shall exact the tribute
Your fourth quere relates to, "The appoint.
ment OF Executive and Ministerial Officers"
To this subject confess, have not given SO
much attention as its impor lance may have re-
: required;peVeFlheless am of opinion that many
officers under the government, both executive
and ministerial. might be elected by popular
suffrage With very advantageous consequences,
and as all my political opinions are founded
upon the principles of pure repubicanism, l
should be glad TO see all executive and ministe.
rial officers, elected Immediately by the peo