Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-10-24
Iv he Edit0rs 81 nc Enqairr:

ALDEMlRLE, OcI. II 1915.
Gentemcn-As you have invited discussion ON
The various subjects which will probably come
before he proposed Convention in Virginia. ]
cannot cmilih opportunity OF expressing 10 you
my surprise, and The surprise OF large portion
of your friends in this county, AT The stand you
have taken against The election of magistrates hy
the people. MIR Jefferson, The Father 81 Demo-
cracy, considered The present mcde Of election as
the most arislccralic feature in our Constitution,
and il is 81 considered by almost every Demo
Graz in old Virginia; am, therefore, unable 10
| conjecture why il is that You have placed
yourselves in the ranks OF the enemies OF
popular government. | had heretofore con
sidercd you, o! all men, The most opposed 10 any
thing like aristocracy in our government, and had
eypeclcd lu find in you MOI only an able, lui
firm and uncomrronsina opponent 10 any end
every encroachmcnl on the rights OF The sovereign
people; but, in this fear We shall be disaproinle
| Your motto had heretofore been, Vox pupul est
vox Del, but now, miserable diciu, il is, Vox Ma
gs,rats, essc vox populi. But why is lhi>7 What
is The reason assigned by you for wishing 10 re.
tain in our Constitution provided convention
should be- called, This Objectionable feature, sim
/ ply this: that yon did not wish 10 disturb The
| peace and quiet Of The people, By TOO frequent
/ appcalslo them on matters OF suc! minor imror-
! lance.
Here, 7 beg leave 10 differ with YOU in ioto-
The election OF magistrates could as easily be
! held on The day OF oar county elections as that
! OF our Goycrnor-and | cannot, for nv life,
sec how it could in any way interfere with The
business affairs oi the yeomanry Of our land.
simply By allowing them 10 exercise, on The day
o. our county elections, the sovereign rchi If
casing their vot"s f.: Ec magistrates and clerks
Of their county, especially when The people are
all eady at the polls. Certainly, sirs ven did moi
weigh his matter well. or You could not possibly
have come .olhe strange conclusion that - crc-
ton n;mnais,r:'cs hv the PEOPLE would call rhcm
together any oiiener than they nos are OF that il
would in any way disturb, unnecessarily, their
daily occupations and amsurc, ifrnu wcica! all
acquainted with The character and qualifications
| of many Of the Ma eis:ra!cs oil our Stale that
yon Wunl' he lie last men on earth honorahc,
high minded and intelligent as you aic 10 a,!vo.
cate the present mole ut appcintin. Magistrates
in Virginia MANY Of them are incompetent 10
dischal &c The duties othcir office and il is a no.
lorious fact, that in their appointment regard is
had more Ia their political casc, han 10 their
moral rcctnde and infexih!e impariali.y; and
thus il is, that men OF the most abandoned habits
and The most BIASED judgments, have become
the arhilralors ot matters, Iegui;D. ihc kcene>i
foresight in il;eif judgment and The most rigid
impanialily in their drciSion.
The above reasons form IL themselves suf,-
Client ground Of objection 10 The present mode II
appointing masisirales-b there arc sill others,
equally strong with the FIRST 10 which have ad-
vcr'ei, which, in my humble Judgment, demand
a change in This part Of our Constitution. II is
often The case, that those who are qualified to dis
charge the duties, are nevertheless men whose
malicious hearts and ungoYcrnablc tempcrs will
not permit them To do justice 10 an enemy, and
on that account, they not unfrequcnt'v decide Inc
plainesi cases contrary 10 law and Justice. The
poor defendant, or plaintiff, as The case may be-
must either lose his money or resort 10 appeal, il!
The case he OF sufficient magnitude, or, if not asl;
OF circuit Judge writ OF prohibition, 10 STAY
The prosecution OF malicious and base maSis-
trale. Thus is that litigation is increased ard
tie poor man is mulcied with additional cns, in
many cases exceeding the principal; and ii he
should obtain justice at The hands CT circuit
Judge, il often happens that the magistrate and
plaintiff are beth nsolvent, and The poor defend
ant must content himself, after paving cost and
lawyers fees with an execution against men who
have neither, (i will not say ahily) but The viii
linsness nor the honesty 10 ray their debts. Thus
much have said in hopes that might open
yorr eyes TO The necessity OF reform, or that
might elici; discussion on this suLlec, from some
more able pen than mine.
With these remarks. have done II Con-
venlion should be called as humbly trust ii will,