Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1850-07-25
No. Vt.


Virginia will hesitate long and think maturcly.
before they abandon one of our most ancient in
stitn,lons which has stood the test of ages, and
come down 10 Us, sanctioned by the appreciation
OF the two former Conventions and of long sue
oesson Of the ablest jurists and best patriots OF
our State.
!. am decidedly opposed 10 the election OF
( the Governor and the Judges of the Court of Ap-
peals, by the people; and my objections TO this
mode ofappointment for the latter officers. would
not be removed by division Of the State into
districts for the purpose. These high function-
aries, ought, in my Judgment To be appointed by
the Legislature, so as TO avail the East Of the
just influence ofthe difference ofpoitical power,
arising from the mixed basis, 10 which have
heretofore advoried and they ought not to bo
transferred from the Legislature To the people,
and thereby slide the other two departments Of
the Governments So tara the power Of appoint
ment is concerned from the mixed to the white
basis OF representation.
You may rcst assured that numbers will never
cease To contend for the ascendency of tho
White Basis, and to resist the effort. Property
will require all the influence TO which II is cnt-
tied, IN The organization Of the government. |
have no faith in the efficacy OF al vaorcm tax
ga, or constitutional pledges, guarantees as
barriers against undue cncroachmcnis on prop
ertN by the asccndcncy Of mere numbers. |
would put my trust rather in the difference Of 30
VOTES, arising from the adoption Of the mixed ba-
sis of prescntaion.
could state other and strong reasons for my
ropugnance to transfer the election of the Cow
ernor and the Judges of Appeals to the people,
II had time to make the exposition, but must
pass on and hasten To n close.
>. In regard To the Judges Of the Circuit
Courts, the Justices Of the Counties. and other
/ officers Of local character other consideration
att .i.,,
ure from the policy of keeping tho power of ap-
polntment within reach of the preponderating in
nuencc ofthc mixed basis
As at prescn, advised | feel inclined to tho
opinion that it would be cxpcdient 10 elect tho
Circuit Judges aud the Magistrates by the peo-
pie of the respective districts and counties, if
the people should desire il. Their knowledge of
characler,n these more limited spheres of official
appointments aud their deep interest in a Judi
c,ous selection, would probably outweigh the OBJ
jcctions in other points Of view, TO such depart
IRE from the long established mode of choice
But with this indication of my present impros-
s'oha, III regard 10 the manner of appointing these
officers, | will reserve the subject for a more
careful examination. The same remark is appli-
cable to what am about to say in regard to tho
other subordinate officers, which follow.
Inasmuch as the Clerk, are important officers
of The Courts, have heretofore thought that they
ought obe dependent on those bodies, as we'll
for their original appointment rs for their con-
tnuancc In office. But as 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 theirprimary cleo
ion by the people, seems, in great measure, re-
moved And if any method of compensating
the Justices for their services. as cheap as tho
present, could be devised, should be in favor
Of clcchng these also, by the people of the coun-
ties. With respect 10 the other iGinor county
officers, do not consider the mode of appoint
ment matter Of much interest or importance.
II would moi appear TO me, however, 10 be good
policy to occupy the time and attention of the
people with the crowd Of solicitations and per-
sonal appeals, which the election of all the sub
ordinate county officers, by the people, would
certainly produec aud, as one OF their body,
should myself consider it conducive 10 public
convenience and tranquility, TO suffer these mi
appointments to remain with the County
Courts
&. The jurisdiction ofthe County Courts to re-
main on the footing on which it now stands, un-
der the provision ol the new Code.
| regard the County Courts as one of the most
valuable institutions in the State, and would be
decidedly opposed To any measures calculated,
essentially to change their standing, respecta-
bility aud influence among the body ofthc peo-
pie, The administration OF justice by these re-
spectacle tribunals although not as perfect as
might be desired, is still such as to command
the approval of the ablcst statesmen and jurists,
and is purchased at cheaper rate than by any
system To be elsewhere found Their political
influence upon the people of the respective coun-
lies is inestimable but the range otits operation
reaches still higher in the Government. As here
toforc constituted they have served as bcneti-
cial sources of patronage, although OF IA minor
and subordinate grade and have thus acted az
50 many Franklins, dispersed over the State to
draw the lightning from the cloud Of Erecatire
power.
I. The power Of patronage not TO be ccntral-
ized in the Governor but TO be scattered and
thus rendered harmless, in the various hands of
the pcople---the County Courts-the Legsla-
turc--and the Executive of the State.
During service of twenty-five years, had
opportunities of observing the operation OF our
present government, and have long entertain
ed the opinion that it discloses gradual and
strong tendency TO a perniclous Capitalization OF
power and influence at the scat of the Govern
ment This results mainly from the patronage
growing out of the progressive advances of the
Internal Improvement and Educational systems
OF the State, and it furnishes, in my view, mo-
tives for increased caution in the location and
distribution of the power of patronage, in order
to prevent an undue accumulation in the Exec
utiye head.
The preceding sketch, gentlemen, | hope will