Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-08-22
Far the Enquirer.
THE VACANT JUDGEsHIP:

Il a
TO THE GOVERNOR OF pih"iNin .
Sir: have seen. with regret, an arlicie III
the ENQUIRER Of The llh instant, signed Peters
burg" UPON the subject OF the existing vacancy
in the Second Judicial Circuit, by when Inc
writer undertakes 10 prescribe for your Excel.
lency a rule If conduct IN the appointment oil
an incumbent for that office, which IS unsound
in rrinciple. and not required either by law or
considerations Of public policy. II is affirmed
by that writer, that "whatevcr may be the qua
li6cations of ann man. moral or mental, residing
out OF the Circuit. (unless there was no one
within capable of filling the otlee,) II wou'a oe
as unusual, as it would be obviously UNJUST 70
appoint him." By the terms oil Inc acl consul
tuting the court over when ihat oincer - ~
preside, find that il is made the duty OF inc
Judge, after his appointment, 10 reside some
where in The district which may, or may ho''
be in the circuit The Legislature has wisely
loft the Commonwealth open for seeclion'
thereby creating mre extended held from
which 10 make a choice. confess that can,
not see the fairness Of that rule, which would
coninc the bestowment Of Virginias Offices on
her sons, within particular geographical limits;
II is TOO narrow and exclusive in It's character
and cannot be other than the result ot desire
10 exclude fair competition. The author OF ms
is far from affirming, or believing, that there
are not many gentlemen in the circuit who would
make good judges; but is opposed to The adoP-
ton Of rule so narrow and so unreasonable
But, Sir, it is little impolitic that Peters
burg should ever haVs attempted to apply TINS
rule to John w. Nash, TO whom the writer
make. personal allusion; for if the rule ever had
any reason, it does not apply in his case
imagine that the only reasons in the rule would
be, that it would afford some evidence oil at.
tachment 10 the interests of the circuit. Sir,
then the claims of Mr. Nash will compare with
any man 10 or out Of the circuit. While he
now resides few miles out of the district, he
resided for many years in one Of the counties
Of the circuit, and represented the same for
many years in the House Of Delegates, and was
afterwards, it is believed, in the Senate from the
district embracing The town of Petersburg and
the county of Amelia, which are now portion
Of this judicial circuit. Tint he was for many
years The presiding officer Of the Senate, and
upon one occasion, when there was majority
of Wings in The Senate, was re elected 10 that
Office, in times OF high party excitement,
was no small compliment to his impartiality and
ability as a presiding officer. He is now a
practising lawyer il tho circuit, and not worn
down By "age and in6rmily" known
10 lawyers and sutas, with whom he would
have ofic'al intercourse. ! am convinced tina,
the selection of Mr. Nash would not be "morli
Tying &c the feelings, or in direct conflict with
the wishes of the people of this portion OF the
circuit"
am satisfied OF this, not from conjecture, but
from aaua interchange OF opinion with many
cilz.ni of infuencc ard character. "Pe:ers
burg" speaks OF such an appointment as unn-
sual. Has he forgotten he appointment OF Judges
Parker and Allen; bun, TO come nearer home,
Judge Mason, the immediate predecessor OF Judge
GholsoI, did not al the time Of his appointment
and don't think ever ater resided in he eirca't,
bnl in III. county Of Southampton. But tHese
frivolous objections 70 Mr. Nish :, hn n, ,ron. ,aa
MS qualifications are admfa AIo 'I a., ~ R",e
sassssansTq5s 10 b spo sy 9gnS sa |ac
faction, ,ut with delight. Lei his claims be con
sdered DISCARDED OF any Unfair prejudice.
FAIR PLAY.