Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-07-26

the effort than to seek refuge In the experiment of
tenure OF more limited duration, hitherto untried in this
State, and apparently liable to the most serious object
ions. Ia my view, the tenure during good behaviour,
with the limitation suggested is necessary shield of the
citizen against the Government and OF the poor against
the rich man. The Judge should not only be pure but
unsupported aud the purity OF our Judicial corps,
der the present system, believe, is generally admitted
and may challenge comparison with that of any other
equal body OF public servants any where to be found
The proposed system of short judicial terms, in my
view bese with objections of the most serious magn-
tde. Should the election be for single term, without
the clause of eegibity, the Bench would be occupied
by lawyers OF inferior grade, appeals would be multi
Piled the community would not respect the Courts, and
the Judges themselves for other Office with
the appointing power. Should second term be at
ainable the incumbent would canvass for reelection,
the purity OF the Judicial character would be affected,
and OF the first order of talents, the BAR would
not resign lucrative practice in the prime of life for an
uncertain tenure on the BENCH subject to the caprces of
party and the vlclssudes OF opinion and favor These
views are not shaken in my mind by the plausible theo
ries rife in the community, and trust that the
people of Virginia will hesitate long and think maturely
before they abandon OF most ancient Institutions
which has stood the test of ages. and come down
to sanctioned by the appreciation of the two former
Conventions and Of long succession Of the abest uriss
and best patriots OF our State.
a. | am decidedly opposed TO the election ofthe Gov
ernor and the Judges OF the Court of Appeals, by the
people, and my objections to this mode OF appointment
Tor the latter officers would not be removed by di-
vision of the State into districts for the purpose These
high tmctionaries ought, in my Judgment. TO be ap
pointed by the Legislature, to avail the East of
the Just influence OF the difference OF political power,
arising from the mixed basis, to which have hereto
fore advered, and they ought not to be transferred
from the Legislature to the people. and thereby slide
the other two departments OF the Government, far
as the power OF appointment ls concerned, from the
mixed to the white basis OF representation.
You may rest assured that numbers will never
cease to contend for the ascendancy ofthe white basis,
and to resist the effort property will require all the in
uence which it is entitled the organization of
the government have faith in the efficacy of ad
valorem taxes nstitutona pledges guarantees
as barriers against undue encroachments property
by the ascendnncy OF mere numbers. | would put my
trust rather in the difference OF 30 votes, arising from
the adoption Of the mixed basis of representation.
could state other and strong reasons for my repug
nance to transfer the election of the Governor and the
Judges OF Appeals to the people, it had time to make
the exposition, but must pass and hasten to close.
s. In regard to the Judges of the Circuit Courts, the
Justices of the Counties, and other officers of local
character, other considerations step in to counterpose
the objections to departure from the policy of keeping
the power Of appointment within reach OF the prepon
derating influence of the mixed basis
As at present advised feel inclined to the opn ion
that it would be expedient to elect the Circuit Judges
and the Magistrates by the people of the respective
districts and countless if the people should desire it
Their knowledge of character in these more limited
spheres OF official appointment and their deep interest
in udcious selection, would probably outweigh the
objections in other points OF view, to such departure
from the long established mode OF choice. But with
this indication of my present impressions, in regard to
the OF appointing these officers, will reserve
the subject for more careful examination. The same
remark applicable to what am about tosay in regard
to the other subordinate officers, which follow
Inasmuch the Clerks are important officers of the
Courts, have heretofore thought they ought be de-
pendent on those bodies, as well for their original APP
pointmen as for their continuance in office. But
the proper degree OF dependence and responsibility
may be ensured by their being subject 10 removal for
good cause by the Court the objection to their primary
election by the people, seems in great measure,
moved. And if any method OF compensating the Jus
tees for their services, cheap the present. could be
devised, should be in favor of eeetng the shers also
by the people of the counties With respect the other
minor county officers, do not consider the mode of
appointment matter OF much interest or Importance
1t would not appear to me- however TO be good policy
to occupy the time and attention of the people with the
crowd of solicitations and personal appeals, which the
election OF all the subordinate county officers, by the
people, would certainly produce and, as one of their
body, should myself consider it conducive to public
convenience and tranquility, to suffer these minor ap-
pontments to remain with the County Courts
g. The Jurisdiction Of the County Courts to remain
on the footing on which now stands, under the provi-
regard the County Courts one Of the most valua-
BILE Institutions in the State, and would be decidedly
opposed to any measures calculated essentially to
among the body of the people, The administration
ofjustice by these respectable tribunals, alt hough
perfect might be desired is still such to
mand the approval OF the abest statesmen and uris
and is purchased cheaper than by any system
to be elsewhere found. Their political influence upon
the people OF the respective CO unties is nestimabe;
range Oh lis OpeIdtlOu REACHES StlI nl&ner
in the Government. As eretofore constituted, they
have served beneficial sources OF patronage although
of minor and subordinate grade, and have thus acted
as SO many Franklins, dispersed the State to
draw the lightning from the cloud OF Executive power
T. Thepower ofpatronage not to be centralized in
the Governor but be scattered and thus rendered
harmless in the various hands the people-he Coun-
ty Courts-the Legislature the Execu tive OF the
State.
During service of twenty-five years, had opportu-
mites OF observing the operation OF present govern
ment and have long entertained the opinion that it
dscloses gradual and strong tendency to pernicous
Capitalization fpower and influence at the seat Of the
Government. This results mainly from the patronage
growing OF the progressive advances of the Inter-
nal Improvement and Educational systems OF the State
and it furnishes my view, motives for increased
ton in the location and distribution OF the power OF
patronage in order to prevent undue accumulation in
the Executive head.
The preceding sketch, gentlemen, hope, will suffi-
GENTLY exhibit to you the state of my mind upon the
fundamental principles of the constitution. Much
might be added to the rapid exposition OF the reasons
for the various leading propositions here advanced but
such addition would transcend the limits OF ordinary
letter, and sunnecessary to the object in view.
lnconcludlng this statement, beg leave to repeat to
you gentlemen, that you must regard The opinions
pressed the honest convictions OF my mind at the pre-
sent time, but evocably fixed, be
dfied changed by and additional lights 10 be
thrown upon the subject
am, gentlemen, very respectfully,
Your friend and obedent servant,