Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-04-17


o'aVsdo, since 1t can produce nothing bat civil dis
sention, and confusion consoundad" Jf
we all beheve ourselves TO be real Republicans.
lei US demonstrate title 10 this truly exalted
character, by showing all occasions, that We
possess The hrst essential ingredient, which is a
perfect willingness to admit, that those who Differ
from us in political principles and opinions may he
| iul az wise and honest ourselves.
As TO :. Legislation and taxstiop,'' have evcy
thought they should he inseparable. In o,hes
words, that none should exercise the power ~
imposing taxes, but those who obliged to nav
their Fair proportion Of them: being essentiaf,c
secure the People against the oppression Of peT.
t,a and eNorbitast taxation, that the interests oS
the great majority OF their Legislators should re
the same with their own. But where would be
this security if non- frecboiers had the power OF
taxing slaves and lands' Shall be answered
that 1t would be found in their wisdom, their hon
esty. their impartiaIity? Admitting, as readily
DO, that they possess full az much of these quail,
ties as Freeho!ders, still il mus be recolIecteG
that Constitutions and laws are never formed UP
on the mere presumption OF ait tho persons,
even the majority, TO be governed by them, being
either wise or honest, or just;-but especially in
all the relations between constituents and repre-
sentatves, they rely upon identity Of interest as
the best possible cafe guard against abuse Of pow
err In the whole History OF Governments, ! be-
iieve 1t may be safely affirmed. that not SOLITARY
instance can be found, Of the People escaping gre-
vous oppression, wherever the taxing power
exercised, by any person persons who could i'm
pose burthens,-no part Of which they themselves
were obliged to bear.
| In regard to " the Election of Governor, his
power, patronage, duties, and terms of service," l
should be content to make no change; altho' POS
sioiy some might be suggested, that shoulde be
willing to see adopted.
The query relative to the election of our
Judges.-the tenure by which they should ho!d
their Office, and their responsibility" presen,s
much greater difficulties for decision. I do not A.
tins time think. that any material changes wouts
DC round eNpedient. but such could be effected
by law. 'Fhe phraseology of that part Of our
constitution seems not sufficiently definite and e>-
ol fnr All ,,..Is
beneficial in the provisions Tor Impeachment a.n.
removal. But with respect TO the two mair
ro'n's'--fhe Tenure 81 office aud responsibility,
doubt much, whether any better plan couId i,c
devised, for securing what has ever been consid
cred by every nation enjoying the blessings 81
good government absolutely essential the safe
ty and welfare Of the same;-I mean, the inGe-
pendence of the Judiciary. This is the best ef-
fected by the tenure Z" during good behaviour
and compensation not liable 10 he diminished.
Responsibility is secured by liability inpeacb.
ment before competent Tribunal for ." NAL ai-'
ninistratop, corruption, any other means bv
which the safety of the State may be endanger-
cd" Some few other disabilities, definitely.
speciiIed, might perhaps be atvantageously adj
ded. As to the election and mode of appointing
Judges and Magistrates, If better could be sup-
gested, should not object il; altho' INV proseT.
opinion is decidedly favorable TO the present prac
tice. The tenure OF the Judges Is during gooa"
behaviour, in a majority Of the States, Win
Maine, Massachusetts, New Hampshire 6onncc-
ticut, New York, Pennsylvania, Delaware, Ma
a
kentucky, Tennessee, louisiana, Mississippi.
while the tenure Of the Justices ia similar in ma
ny OF them; and no good reason. for
changing II materially in either case The mode
OF appointment Is similar TO ours in many, and no
evil has been found to Tesultfrom 1.-THE Judges
ana Justices IN all these, being least equak IN
every respect, to the Judges and Justices of The
oter States, where different tenure and differ
rent mode OF appointments have been established
should state that the time Of service Is limited To-
! 40 years in Connecticut, and in New York to 81
m nrfin too ,,l, q. -
pTeme and Superior Courts hold their Offices ,lu.
ring good behaviour. II may he confidently Rs
serted, as general principle that where the o.
ice and compensation OF Judges made so pre-
cafious as 10 be continued taken away at ths
pleasure Oh the appointing Power,-whether that
! he the Executive, the Legislative, OF the Peopfe
at large, these public functionaries will, very
generally, be sycopbantc subseYvient, and distin.
guIsbed,-it at all, for nothing better than their
skill in iiattering the Donors; while tho latter-
like all other human beings thus situated, ssitl
ever be liable TO hasty, incorporate, ini,idieious
exercises op their power 1t is just true in
politics, az in morals, that should always en-.
deavour to guard ourselveE against the tyranny of
our passions. The difference between the ten
uve during PLEASURE" and that during good
behavour, IS forcibIy illustrated in the striking
difference always observable between tenants AZ
VIII, and fesess Tor life, long term of years
on the express condition, that they are 10 continue
during the whole period, 10 make certain weIl-,e-
, hDed Improvements. VS. would have either
good tenants for our lands, good Judges loy our
Ooupis, III - lnuispensaOIy necessary to grant Them
some lar better security, than our own eaurice
that they shall enjoy the fruits Of IN cir honest la
bour, so long as 10 is honestly directed to the stipu
lated objects. Make The judicial tenure more
precarious than this;-make il at all dc nonr
the ever embroiling question Of shah This oy
mar man reign over us!"-a question go pyo0,Ic-
tive OF envy, and hatred, and malice and all un
cbartabieness;-makci il TO depend in any ayoida.
Die degree upon talent for bumourinp the
whiIns, The foes, the prejudices, and passions OF
any large portion of our Citizenship word ar
tempt tOIeS II upon any other thing whatever bu,
idlth'ui, ibhcSibls discharge OF oftici2i ,,uf,.
and we at once expose our seats of Justice 10 he
Killed. by artiul, uupiincipIed Dcmagoeucs .,yl,o.
WIZ, without the slightest scruplc resort to
corruption aud injustics 10 acquire a1d TO retain
powers, ii they cannot attain their ends by less-
dangerous means. 1t is quite bad enough, TIA.
me PEOPLE have not yet been able TO discover any
neter mode, than the present, for projecting our
egislatuTes-both federal and state, from such.
ioti cancers in the Body polite - mean mem
who would not hesitate a moment, 60 grind tfa.
People into " Dust and Ashes" ii they couii.
10y such means crafty their own cupidify, mora
certainly, and SC ureIy, than by the common atti-
flee Of prOclaiming themselves on all occasions
Z" the Peoples hIends,--the Peoples Candidates
the People, champions and projectors" Thee
have been The Acts, from The DAYS Of the Grecisn
and Roman DcmocTdcies end Republics up ,o It'd
present times, Ivy which unprInrpIed popnia,ii,,.
hunters have possessed themselves OF mower ay,l
public plumber. Het.-most marvellous as ven
as deplorable TO say, they still praetice them snr
cessfuIly, aiho detected and exposed in thoueaud,
IN