Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-05-12
AK. MAsoNs REpLY.


hany, John Janney, Burr w. Harr-
son, Samuel Dawson. John III. Me-
! Cabe. H. u Powell s. Fayette Ball. ~
GENTLEMEN:--i regret that the receipt of
I your letter Of the ltIh inst. delayed by my
! absence from bome.-ln that letter, you request
to know my sentiments in relation TO certain pro-
positions of reform, which will necessarily be the
subjects OF discussion in the approaching conven-
ton.- Recognizing as an axiom, that in order 10
SECURE true and just representation OF the PEG
! pie, the political sentiments Of those who may be
lplaced before them,. as candidates to represent
| them, should be well and Intimately known,
cheerfully comply with Your request, and will an
swer your queries with the utmost frankness.
, Your first inquiry is, ''whether am in favour
of liberal extension of the right OF suffrage. y
have long been Of the opinion, that every free
( white male citizen of the commonwealth, of full
age, should be entitled to that privilege.-Let some
test of citizenship be established. such as,
| one, two, or three years residence, or any other
| test, which will concusively shew a bona hde
intention Of permanent residence in the state, and
let evory man, admitted TO citizenship, enjoy the
elective franchise AT present, lrceho!ders only
/ are permitted to exercise it, and, ii property
qualification be indispensable requisite to the
| enjoyment OF II, know not, in what manner, the
right can be bcneiiciaiiy eXtended.-To fix any
equitable limit, presents almost insurmountable
diihculty.-1he declaration contained in the Bill
oil Rights, that" all men having sufficient evil
dence OF permanent, common interest with, anu
attachment to- the community, shall have the right
tionable; but its terms are too vague and ambi-
guous 20 furnish guide OF practical utility.What
shall constitute such sufficient evidence" still
opens wide geld for discussion and diversity of
opinicn.-But by recurring 60 the fundamental
principles Of society, that al the members of COM
munity are equal, and that all entitled to an
equal enjoyment OF civil and political right the
difficulty vanishes.-Besides, the very fret prin-
cipe OF republican government is, that the will
of the majority shall govern, and how can this
principle be carried into eIectual operation, il
the will OF the whole community be not
pressed?
An answer in the affirmative, to your second
inquiry, "whether l am in favour of equazing
representation, agreeably to the free white popu-
iation of the state," flows necessary corolla-
ry from what have said on the subject OF the
elective tranehise.-Or, 10 speak more accurate
~, though it amounts to the same thing, the rep
resenta,ion should be proportional to the free
white male population entitled TO the right Of sui-
frage.
our third inquiry is, sswhether am in favour
OF reducing the number of the members Of the
house OF delegates. The house of delegates
ought TO be sufficiently numerous TO be intimately
acquainted with all the local Interests of the diff
ierent parts OF the state; and, at the time
limited, as to avoid confusion in the transaction OF
business. Where the assembly is too large, il is
not practicable for the members 10 act understand
lngly on all the subjects that may be brought be-
fore them, and business will be often carelessly
done, greatly retarded, or entirely neglected.
What is the proper number OF which the house O!
delegates should consist, am not prepared def
niteiy TO say. l do not think it ought ever TO be
less than one hundred, or TO exceed two hundred.
But the general assembly of Virginia is at pre-
sent constituted there is certainly too great dis
proportion between The number of the house OF
delegates, and that of the senate; the ought to
! be reduced, or the other increased.
! Your fourth inquiry is, ''whether am in ia
| wise reforming the executive department, so as to
increase its efficiency and its responsibility. The
! mbecility of the executive department, and its
subservepcy TO the will Of the legislature are de-
! sects which have been so long apparent, and SO
| generally condemned, that presume, there can
be but one opinion as TO the proprety and eXpedi-
ency OF SO recognizing il, as 10 add 10 its indie
Pendence and its sponsibility-But whether that
object is TO be effected by abolishing the council
state, or, in other mode, better calculated
10 accomplish the purpose, deserves consideration
! Your next inquiry is, ''whether am 10 favour
oil reforming our judiciary system, so as to increase
| the responsibility of the judges without nparing
! their independence."-To ecure ;he indepen.
dence ofhe judiciary judges should hold their Off
ces during good behaviour, and receive fixed and
adequate salaries not TO be diminished during their
continuance in office. To insure their RESPONSE
biIity. proper tribunals should be established
! for the trial Of any offences with which they may
be charged, relative 10 their judicial duties; and,
| upon conviction, they should be dismissed from
oiRce-ln the administration OF justice, too, il
should ever be remembered that acts of omission,
are as much acts CT MISCELLANEOUS and violations of
duty, as acts OF commission, and sometimes more
injurious to the public iuterest-But whether
the courts fixed by the constitution for the
trial Of Judges, or thu legislature ITSELF would be
The most proper tribunal, is a subject worthy of
profound delibera tion.-There is, however, one e.
vii, connected with the judicial system, which
calls aloud for remedy.-It is want of certain
ty and punctuality in holding the courts, at the
stated times, and for the regular periods, appoint
ed by law, for their sessions.-The stream oljus-
tice is thus frequently obstruced, and ruinous de-
lays fake place IN its administration, which ought
never 10 be tolerated in a well-regulated govern
ment But this is an evil arising, l apprehend, ra-
ther from the organization Of the system, than
from want of responsibility 10 the judges, and
should, perhaps, be more properly submitted to
the consideration OF the legislature than to that of
the convention.
! Your last inquiry is, "whether am willing 10
ingrsit into the constitution some safe and practi-
! cal provision FOR such further amendments, as ex-
! perience may hereafter demonstrate to be neces-
! sary." When reflect that the wisdom Of man
IS not competent TO devise perfect plan .! gov
eminent, when consider the giaring defects of
the present Constitution, and recoect how long,
and how anxiously disposition has been mani
tested 10 amend them; the many efforts which have
I been vanly made to obtain remedy; the horrors
OF anarchy, and the impossibility OF changing the
constitution without dissoving the government,
except through the intervention Of the legisla-
! ture, body which ought always TO be subseTyi-
ent TO the will of the people; the petitions which,
for twelve years, have been presented to that DO.
dy, and which, Cor twelve years have been disre-
| garded; the consequent excitement in different
parts of the state, which, probably, in few years
more, would have eyentudted in scenes Of open vi
oience; we cannot too highly commend the utility
! Of provision in the constitution, by which we
may, hereafter, calmly and peaceably make such
alterations in our form Of government, as expert
ence snail demonstrate TO be necessary.
] am, gentlemen, very respectfully,
J Obpdfpuf anrr pf