Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1850-07-02

- G"S A-6
Legislature, If they their sessions OF
the first Monday in December, TO terminate theu
on the fourth of March succeeding, with tn
power to The Governor, in case OF any conLroi
ling necessity, tozcaH an extra session. EerJ
loften before laws have beenstested by experience
they arc repealed or altered, thus constantly
keeping that which ought TO be regular and sta
BILE in its operation uncertain and shlitlng--
There is no necessity of the Legislatures con
timing in session above go days and ordinarily
&c days is sufficient to transact all the business
of the people. Short sessions would put an enc
to the discussions, winter after winter, otsaPi
stract questions Of Federal Politics, WILDERNESS
properly belong toouF Senators and RePreseFta'
Itfvea NJ yaral Of our co.mem6e.s
fSfta r5a5edefacy FRsssfS4ly efiedihA eXPeEt
ment OF BIennjaf sessions. and they arc found ts
work admirably, and with a saving OF HUNDREDS
of thousands of dollars to the people.
.4th. I hold that the Governor, Lieutenant
Governor, and all executive and municipal ON
GERS, all Magistrates, SherifS, Clerks OF Courts
Commonwealth Attorneys, COnstables, &c,
ought 10 be elected directly by the people. am
also in favor of abolishing the executive Council,
as a very expensive and useless appendage to the
executive, and imposing the duties discharged Oy
them upon the Lieutenant Governor, auditors
&c, who are always necessarily at the CaPitoI,
aud which Offices are likely always to be filled by
gentlemen in every way qualified. l would be
in favor of increasing the duties and resPOnsloIll-
ties of the executive department in some respects,
and diminishing them in others. But 1t Is not
necessary to enter into detail here. The Lieut.
Governor might be made a most useful oillcer-
President Of the Senate-GOvernor i'll the alb
sence, death or resignation OF that Oihcer-have
charge, under the direction and superintendent
of the Governor, of the Literary fund, the Penl-
Tertiary fund, &c. Some such plan as TINS was
offered bv the late Mr.. Powell q think) OF Frede-
rick, in the last Conventions, and the idea no"
finds much favor in the eyes OF all true Reform
ers.
MANY persons pretend 10 fear the influence oil
general elections throughout The State. The
fear is grOundIess. On the contrary its effects
will be ~salutary. 1t will cause the people TO
know each other better. 1t will make the people
know their public men-their characters, talents,
and qualifications for the various stations 10
which they aspire ; it will break down eifectnaliy
the sectional icalousies now existing in the State,
and create q more respectful bearing of the East
ern ard Western people toward each other, and
teach them their mutual dependence upon each
other in time both of peace and war.
9th. l hold that the whole judicial system OF
Virginia needs remodelling and alteration, and
that the county court system ought to be abolish
ed altonether. There is no man WIS an
independent judiciary in a higher estHsaIiOn than
l do; and it is for this very reason, that ! would
make all our Judges elected by the people,. The
judges Of the court OF appeals oug9tto be cIecteo
by general ticket throughout the State, and the
circuit Judges by the voters of their respective
circuits. Their election should be for a certain
term of years, and a time OF lie hXed-say the
age Of siXty-tive-a[ter which no man should be
.aiInwnd 10 sit on the bench as a Judge. This ar
rangement would preserve our judiciary ettectual-
Iy from becoming burdened with inefficient su-
perannuated Judges, who so often cucumber our
benches to the manifest injury Of the people and
the delay Of business.
know that the election of judges by the poo
pie is considered by many persons to be a most
] -, oge 0p,ofhi0r thoI 10 intended
to uDroot all the well established foundations OF
society, and commit the rights of property, &c.
to the decision and keeping Of %political caucuses.
Happily the experiment has been fully tired IN
several of the States of our Union, and found 10
work admirably, notwithstanding it was attempt
ed in each and every one of them amidst the
melancholy forebodings ofoctogenarians, and the
conservative warnings of Oftice-holders against
radicalism and innovation. New York has tried
it, and her distinguished patriot and Statesman,
Hon. Daniel Dickinson Of the Senate, in a recent
letter bears the highest testimony 10 the working
of the system both in the safety and despatch of
business. Quitman Of Mississippi, who strongly
opposed the election OF judges by the people when
the question was before his Stale, upon the
grounds precisely that the antl-retormers OF this
State now urge here, has carefully watched the
working of the system, and comes forward Ikea
man of true spirit, and acknowledges his error,
commencing the elective judiciary of his State
in the highest terms. Kentucky. Pennsylvania,
Wisconsin and other States have followed suit,
and | fondly trust that Virginia, Ohio and Mary
land will be the next States to fall into line.
1t will strike you as somewhat strange that
while you are admitted by the Anti Reformers to
be competent to elect the President and Vice Pre-
sident Of the United Slates-members of Con-
gress-members of the Senate and House oil De-
Iegates &c, you are at the same time declared
10 be unfit TO elect Judges, Magistrates, &c
This, to say tie least, is a-little pGrad0EIcdL.-
81 al n1yNJay W. Ia tal.au in tho cIaN.
ton of Judges, that they be kept as free from po-
litical excitement as possible, and therefore !
should be in favor of providing by law, that the
election of Judges should not occur on the same
day with other generaE elections 1.-THE State, so
as to prevent them from becoming a part of the
general political tickets, and being carried IN I'M
der the more exciting political elections. Every
man, rich or poor, has deep interests involved IN
the courts, and therefore is deeply interested in
the selection of fair, impartial, learned and honest
Judges and will therefore be more likely to vote
for Judges upon these considerations, than upon
those Of politics. Such have been the results in
New York-Mississippi, &c. Wing Judges have
been chosen in Democratic Districts, and Demo-
Gratis have been chosen in Wing Districts.
But the objection TO the consideration of poll
teal influences in elections is groundiess, espe-
ciaIly when compared to the present mode of elec-
ton, where political influences almost invariably
sway all the elections of Judges by the Leg!sla-
ture. Does not every man know thatthe Judges
Of Virginia all hold their appointments by politi-
calconsiderations-by the decisions oflegislative
caucuses {? Most assuredly it is so. The first
question asked is, is lie a Whig?-is he a Demo
Graf? The answer to that question predOmi-
mates over learning, reputation, industry or Pecu-
liar fitness for the station. Itis conclusive with
The dominant party at the time in the ascendancy
in the Legislature. Ninety out ofevery hundred
of the members know nothing personally of the
successful man. Would it be SO with the Peo-
nIe9 No. pottwo men o. Observation-Disclosures
far a Judge could be brought out in this circuit,
without Being well known to all of us, and all the
chances are that a much more correct decision
would be made by those whose deep and imPor-
tant interests are involved in the result. Judg.
es thus electedand responsible to hePeoPle wonld
chaTge of their duties, because they would know
and FEEL that a day Of reckoning with the aP
pointing powermnst come. A good Judge would
ia anxious TO win the confidence Of the whole