Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-04-15
MIR. MASON'S LETTER.
" lnchcStCr, March Is, 1870.
.TessrS. U1n. ByoatcrS, Joseph Hackney, y aGau
1870, i I.,ci.h

Winchester, March rs, 1920.
.ueisri H5n By'o"tcis' Joseph Rack'ley BRLam
Lynn ay1i .Iosjab Loctkaft.
GtmlGmcn:-I have received your letter of the
3ist inst. requesting TO declare my sentiments on
the following points, in rcterencc.to the Cony entiun
which is To be held to amend the constitution Of
state:
First, whether the right of suffrage should not he
extended:
Secondly, whether representation should not be
distributed amongst the white population,
Thirdly. how far the judiciary should be- remodel
cd to promote the interest Of the people gene
rally.
And last, whether the executive and ministerial of.
ticers OF the government should not be elected i'm
mediatey by the people.
1t will afford me pleasure 10 answer those rurrins
with all the c1Indor which the occasion merits
be icve that the right of suffrage should be ex-
tended The principle IN our bill otrights, that ''all
men having sufficient evidence ofpermanent common
interest with, and attachment to- the community
have the right of sufifare believe to be sound re-
publican doctrine and that subject to such general
criterion, all should be admitted to participate in the
affairs OF government, who can be so admitted with
safely TO the whole citizenship clearly nscert1ie IN
be permanent. with contribution toward the expenses
and burthens OF government, in shape oftax to some
extent, I should esteem such sufficient evidence.
On the matters in the second query can have but
one opinion, that the white population is the proper
and ony true basis of representation in the legislature
and, as fundamentally essential TO the character of
a representative democracy, such population should
be equally represented.
The third quere, you will readily perceive covers
much ground-with which nothing but a reply too
elaborate for these Limits, would be entirely common
surate. WILL however, freely express myself on
those heads of prominent interest or Importance
which are embraced byit.
/ am by no means one of those who approve of in
dcial responsibility. The officer who pronounocs
what is the law, and discharges the delicate trust of
applying 1t to the citizen, either as it may affect his
person. or his property, should by the tenure of his
rffip ha, c1tcna h1Irr
dance which reach his integrity or bias his iudpment
Thus far would have the tenure Perfectly indcpeu-
dent But my best Impressions are, that this branch
of the government should be subjected to more gnn
eral and direct responsibility than at present when
nothing but corruption absolute NAL practice in of
fetal duty affect IFS officers and then only by the
tardy process ofimpeachment. They, like all 9th.
or functionarcs of government, should be ron,ova
bic for ncompetence-for inCapacity from any cause
for negligence or rennissness; Or in fine for INV
reason which would demand the removal of any oii-
er officer
as to the organisation 9r tie Jpi;cat department..
in which perhaps "the interest of the people Of tho
state generally is more Immediately iuvolved,-my
belief Is that much might be done to facilitate the de-
spatch of business in the courts, and to render lie
transactions less expensive to suitors TO say ont
would require the exercise of great Intelligence, and
much varied experience in the forms of courts. and
in the multltold modes Of judicial Investigations
These matters, however. the distribution of courts
ana the forms OF business, more properly belong, and
III 1osI governments are IeII 10 ~oFdnary legislation
in relation TO the character ofour Jurisprudence us
divided into common and statute law, and chaucery
law,-the two great fountains Of remedial iustice--
Should not hold II very material, whether thev ynro
administered by one and the same court or Tint
each should have it, peculiar and appropriate tribu
nal. In some, perhaps most Of tho states the two
courts are kept dsInct in Others they are blended
they arc in federal judiciary. But in those states
where they combined, the mode of administering
cbancery law is essentially different. In some IL Is
dispensed through the formal machinery OF the COIN
mon law, 20 which IL has been PREVIOUSLY adapted nv
proper statutory enaCtment5. in others though dis
pcnscd by common court, cacl branch Of uTispy,i-
denee retains sappropatc forms is now pracscd
in orr county courts.
Whether these courts should &c kent separate and
dlCinct, or should be combined, ought, also in INV
10 be left 20 ordinary Northumberland
they arc then Immediately within the reach of the
people, may be modelled and rcmodelled with facility
and eventually reduced TO such form, as experience
shall prove best pied to the attainment Of Justice
u the most eiIectua, and 40 thc same time most spec
ly, and least expensive manner.
The last qnery involves matter for much reflection.
! wal answer u according 10 the best that have
been enabled TO bcstow.
j. IS IN axiom in our American politics, that all
power resides in, and is derived from the people
part OF which, IS thnt Of appointing all officers who
administer the government. In practice. however
serious question arises in what ner this power can
o1st DC exercised u the great mass Of intelligence
"D'ch resides with the people, could be put in reou
iuoh ~ every election, there H. 10 doubt that every
officer, % every grade ought 10 DC elected irnnod
itey Dy thcm' But u has been found that distribu
Jed rs our population is over an extended country and
a the general closely engaged in their prvafc mr..
suits, 1t can only he on occasions Of much iutnro-t on
Importance, and those DOT Of frequent recurrence
dat t'c body of the people can u brouqi, ~ ~
,o'r.