Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-11-04
To Ms Esliio,s NJ the Enquirer !:


badly $50, and elect him"
To The Editors IF the Enquirer:
T,ppAHASHocK, Oct 25, 1913.
Gentlemen, I noticed in the Enquirer OF the
9Th instant an epislolary aticle by "Alqnis," IN
which he expresses great surprise at the stand
YOU have taken against the election oil magis-
rates by the people, and considers that that act
has placed you in The rankso The enemies OF po-
pular Government wish 10 write few lines
upon Ills subject, not 60 much in reply 10 the arli-
Gle referred 10, as 10 embody my own sentiments,
and give them publicity.
"Aiquis' commences by denouncins, in very
censorious terms, The present mode OF ele"tns
magistrates, as an arsiocralical feature in our
Stale Constitution, and as contrary TO the genius
and spirit OF Democracy; and asserts, with
great coiidence, the opinion, that an election oy
The people OF those officers would ensure in
them integrity Of character, impartialiiy OF de-
ci>ion. and official competency, which thcy row
fai 10 possess and would have no additional
tendency 10 infame the public mind. To these
respective objections | will now proceed 10 reply
In The first place, how does "Aliquis" prove the
Constitutional mode of electing magistrates 10 be
arsIocfalical!
He informs rs that Mr. Jefferson, the Father oil
Democracy considered il, and that il IS So con-
sidercd by almost every Democrat in Virginia
As 10 whatm might have been the peculiar opinions
OF The illusriuus Jefferson upon this SUBJECT !
cannot say; bui admitting that they were "a re-
presented We do not hold ourselves bound as
Democrats 10 sanction all lhe political opinions
OF that statesman We think tor ourselves, and
only advocate such views Of others as are, IN
our opinion, calculated 10 promote the welfare
and prosperity of The people. cannot see how
il is possible that "Alquis" found out hat nearly
every Democrat in Virginia considered The Tea
ture ariStocIatical. He must have travelled, !
suppose, very extensively through The Stale 10 oo-
Ia in the information.
But, admitting that the measure IS arlstocfatl-
cal-which is the more advantageous 10 The peo-
PIE Of The STATE an election Of magistrates by The
peoplc or the continuance OF the present system
of e!ectng lhem2 This is the question 10 declic,
and not whether the measure is aristocraical or
democratic. If il can be clearly shown, thai Tie
present mode OF election is more advantageous
than the proposed one, certainly no one can OBJ
ect 10 the former on account OF its ayiHocrdt'eat
complexion, admitting it 10 be 50. And why not!
Because il is prored 10 be prrtcr0blc 10 tic demo-
eratie substitute which you offer.
Ia the second place, will stale, as concisely as
| can with reIspicui'v. my objections 70 an cleo
lion Of masia!erial officers By Tie people. will
be, beyond all doubt, connected nth poldics-and
he election of The persons nominated Tor the OIL
flee will depend almost entirely upon their polti-
cal >en,imen,s-tg.: A, a Dcm0c,at, and 3,
VIZ, are broush, before The people as candidates.
We will suppose a 10 be intelligent, and emf
ucn,ly qualfcd in every respect 10 I'LL The office,
hu, 3, ilhnush honest and trustworthy utterly
inca paci;aicd from faulty OF mind, or some 9th
or cause equally as Objectionable, 10 make an ei-
fcienl and useful officer. We will further sup
pose, that the Wig party has The ascentancy IN
The county, in which The election is proposed 10
lie conducted, and now enquire what will be The
Iesu!r2 Though some few Of the Wings might
vote for the Democratic candidate, YET The great
body Of them would cast their suifases Tor The
Whig candidate, simply because he was . Wing,
inna, ace,. by the warmth ard zeal OF their po!it-
cal bias. and their anxiety 10 lie successful in
ever; conflict. Tie same result would take place
rae fcym Men. during great party excitement,
10 no,, when considered in the aggregate look as
much as they ought 10 The competency, ability,
and integrity Of their candidate. II he profess
the same sentiments that they entertain, and is
anxousy cndeavoripg 10 accomplish The objects
which they have in view, il is all that some oil
Them require. This is enough for The majority
Of voters during great political struggles ior par.
" purposes; and tic motives hy which they are
influenced, upon such occasions, operate with
rnabaed potency u5on them, II o'der matters n
Il niinOr n0i1.rc. Tor a considerable time a!ier-
crwarls. The agitation oil The waters may be
seen long after the Storm has swept over their bo.
som.
have no doubt, too, that The conterrng Of the
appointment 81 magistrates upon The people will
increase The popular excite men even if the cleo
lion should take place on the day fixed b. Ia W Tor
the election Of members 10 The Legislature; and
il is, on that account, exceedingly objectionable.
II YOU multiply The causes that originate popular
excitement, there is strong reason 10 believe that
il will be propouionaby enhanced, and This mca-
sure will, for the reasons before stated, Gin my
opinion have that effect. The excitement Of the
people during elections is already too great, and
should not be increased.
One great objection OF "Al:quis" TO the present
mode of elec,ng magistrates, IS that the appoint
ment depends more upon the polica caste OF The
nominee than upon his regard 10 moral rcclute
and iniexblc impartialiiy. candldly think,
however, that The proba billy oil having upon The
bench incompetent Justices would be much great
or under The proposed, than il is under the present
manner Of appointment.
Four magistrates, or even all, belonging 10 the
county, while sitting in Court in their judicial
capacity, are not so apt 10 be governed BY their
political animosics or preferences, as The great
body Of the people in The county, when assembled
10 act upon particular matter. The circum-
stances by which they are surrounded are not al
all calculated TO elici, such feelings and this we
find 10 be the case, Notwithstanding what has been
alleged TO The contrary. II is scarcely ever known
except b. some few, who will lie proposed 10 the
Court as HI and competent persons 10 recommend
10 The Executive of the Commonwealth, TO fill
the vacancies occasioEed in the county by death,
resignation or otherwise, in the Magisierial Of
flee, G! 10 supply the increased demand. The
matter is proposed TO the Court without any pre-
vious notification, and acted upon instan'sr, not
giving any time for The nominee 10 pass through
the poitical ordeal Of party. II is true that be-
fore any recommendation 10 the Executive can be
legally made, there must have been an order OF
Count commanding the sheriff to summon the
acting justices Of the county, 10 take the pro-
priely Of the matter into consideration; but in
this 10 names are specified. Persons, under This
system, are nominated tor The Office, more on ac-
count OF their qualifications and their proximity
10 the particular section oil the county where a
magistrate is waning. than upon any other con-
sideration; and The consequence is, that the ma
eslrates are better than it would be reasonable
10 suppose they would be, in general, under the
proposed system, that is so warmly advocated
T. Alquis" SAYS, be is sure, thai, "if vou
were acquainted with The character and qualif-
cations Of many of the magistrates OF our Stale,
you would be the last men on earth, honora-
bic, hish-mindcd and intelligent as you are, 10
advocate The present mode of appointing maeis-
lra.es in Virginia" But, even admitting VIVA,
he says TO be lrue it constitutes no good ground
Of objection 10 that mode of appointment
It NAV reasonably be expected, that OF the grea,
number OF magistrates in the State OF Virginia,
many are persons Of bad moral character, par
,al and vindiclive upon the bench, and wholly in
caracacd 10 fill The offices uhichth they hold. Bu,
can 'Aliqnis" prove that this will no be tie case
under The proposed system? Docs he even pre-
tend 10 show il 2 The corrupt and depraved will
impose upon their fellow-men and be occasional.
y exalted 10 places OF honor and trust requiring
The slriciest integrity. The human mind must be
radically reformed in its organization TO an,ici-