Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-08-02
THE STATE CONVENTION.
j.. r.,.r1n rpoM wv. Fl. MACFANLAND. ESQ.


LETTER FROM WV. Fl. MCFARLAND, Esq
Gr.rlea9S: ] avail myself of the earliest nionls"a III
ry 10 vour inquiries relative 10 m opinions Oh cu,t IT,
pv lion, wl,icI, are expected - arise Ia thc IohSoh'ion.
!, - undoubtedly your right 10 snow infinitely NE ol-ni ~
Of those whom yon may pIopo-e ~ 's.s 1919 ! ! l" ~ ~ a,,rac.
lions cycrYt a. ] might be an exponent oi .the wen ~. ra
a,ej np,nioEs Of the district. ! must premise tHi', - y
.ns ., The Conyentinu, | should expect Tie sanction %
u d;.ri.t Of such notifications Of ny opinions a, upon
further reflection, l my adops..
~, 'rhc suhlec, from which The danger is greatest, OF coa'eh
,d ,rita,ion in the Convention, Is that Ia Which your
y. ;rcuiIy relates, the basis namely. Of representation;
Tho sn,iecl appeals unfortunately 10 sectional feelings; ~
d;x.rsiIics Of opinion -%pringing IRON that source are UNI
SONNY difficult of adjustment. IL was The subject WINCH Wy
Convention of 1880 found the most c,iilclit TO disIos, o. an.
iii. a. /; is the difference oil opinion between Ihc r'ist
and West. Ia which it has given rise, that, more man any
a,her cause has led 10 the call oi the Convention . ~ ~
os"nm,le. II is 10 be hoped that the questions cohhe''tu
ai,h !, will be approached win such enlightened moda!a-
ian on either side, as TO avoid sectional irritation ana un"e
~, Wv, cln.or The two great divisions Of the State.
The East cannot be expected 10 consen, taat whie pop,
,,,,;n, exclusive OF other clements, shall be tic OASIS VI
r.nresI NATION. From no dis:rust OF our fellow cillz.ns !"
y uuar.cr, bu,. regarding them, wherever located, as c!ual-
:, ,niii,Ied 10 consideration for their acknowledged writes,
do not think that the principle, viewing Tue ci'cu'lsI -
Of our State. is safe Or lGs'.. The question III a sehc'a. .o ~
j. whether il be sound in theory or chpediehi ~ ilac''s ~
commit The mower 10 levy taxes and appropriate M Pioe
Il, those who contribute least Ia IN pubic ftHeiI"e Nv
must have large appropriations lroth II ", ~ o1"e. .s;sn
ah.,h,or rrspcrt Should not BE- had 10 the ratio oi cohi!ou-
INNS If different sections. in appointing inc power ~ y =, -
mine wha, shall he paid in, and how 1t saaii &c appneu -
diy;iulls in the management OF Their private concerns, y
er fnil 10 regulate the power winch thcy consent ~ 80
o,,cr = commcn subject, by 4 regard 10 The MAGNITUDE ~ 1T
s,9ara,r interests; and 4 principle winch wouiu - !. =
lcctcd in private life, Is appropriate Ia ine cThe.'ns n
which are but an 4 ygrcgh,c oi ln1ivlilai lhlc.tsts' ~
cnnyenton which formed tie Federal Constitution, reco.,
nized and applied the principle, that representation siiolio
hcor a fixed relation 10 taxation, in n state oi circumstances
in r,spect 10 the Federal Union, which Is the exact parallels
of ,hat which exists among US. y has, therefore: NE sane
ZION OF the highest authority; and II - worthy 10 D. no'.'l
that it would DC neither consistent " piioeh' u 'ofeao
among ourselves, a principle dcseryediy regarded rs Jusi ant
INDISPENSABLE in our federal relations. lniced, III IN, view,
il is Inconsistent with the tue slril: office ana end d ise'
reores,ntative government, no; 10 preserve t. relation be-
tween ;asation and representation, Whenever, u III oar Stale
excess of numbers in ole division, Is III Sinking cohtIas'
with excess oi taxable subjects in ihc oiier.
l.ur next enquiry refers 10 the tenure ol Juaiclai oiisc
and the mode Of clccting JUDGES and the Governor.
Innovations upon the established o-der and long cherished
maxim, ci tn STATE, ought, in M judgment, Ia b; cautiously
made. and only Tor PLAN rrasons. Change Il not Ietts-asi
IL iui-oyemrnt, and Introduced without aux confederation
and lor insufficient CAUSES, tends 10 confusion and riso'atf
II all Important, ! th!rs, - preserve substantially 'tt
pres,ul judicial tcaur.. Arv U!iIer tenure. espoclliiy "nI
limited 10 4 short term, ten yuafs, Or d few mo of less
would. fear, .lelucc the sca,c u qu7lincaiion, anu BE- iata
10 TACTICAL mdo pcnGence.
Ipov. ali tairgs. II concerns Us 10 have a pure and incor
ruotI,, bench; aud, second ofiv Ill Importance. Il bench dis
tinpais!,d for sound lrarIiEg, Gni exemplary diligence
Tier cannot b. Justice without II. i Judge ought not on!
Il he i:,dt rtidrnt ii fact, bu: be considered above the r.ac'
OF interested motives. Ii is sc.nt: less important that he u
Thought inacccssibl. and independent, than tina; ne be - Il
iucf. 4.
The seyere-t trial Of the allegiance OF a good {: izen, j.
furnished b. an adverse decision from = bci:cn believed ~ ot
accessible 10 a. unworthy Ulas.
\ Judge, los Il t.rln, will I've suspected of having az eye u
his IL, lection. eyca Ii nc - Gf such stern stuii - 10 ol
above III, weakness. And lnw icin1uh2i-g would Ne IN,
suspicion! What %ilurmprlngs anu discomfort would II b.
gctl And, hen, what more natur.! tNan that the Inis-
should la e IN cyc L E> rc-clest!oE! Can Ee io.get his IN
,ercst in tte issue! lie, i; may be-, WHO fought The office orial
nally. ard no.: finds Il necessary IL rs .C.licri. And i! H.:
ambition do possess him, what security viii there be Of his
4 him 49,. "a RI sntss IN - $50 in Il .l II - esq tJ IL.
eide Oh the ac's OF tie Legislature, or II soac potent and
popular official, o. between tne humble aud obscure, ard per
sons ii wealth an iri'iclce.
1t is not IL Hicd that JI judiciary las been impartial, up
right. Just. Mucil IS delays may have been Complained ot
and Iusily, n the selection may haze been sometimes cx.
cepte1 to, we cannot tc approached With having had. in an
instance, 4 yrnal or sLbserv!ent ,id... ltis alsoa %cl. Known
fact, that from the introduction in England ot The lrde.en-
dent tenIre, Down IL DIR times, tie judiciary has been an IN
trcpii and conscientious body; whereas prior thereto, II was
The instrument oi .iolscrc Or irias'i"e, ~ tn necessities 81
the i~rcaitliE" incuih.n.s mlgGt dictu:s. Yet, The Judges
are taken since from the sainc class from which thcy wer,
taken s"tore. and Inc transition IN the character OF iht
Judges and the motives which. control them, inIpprcc;ably
important, rs ii co.icssrdly WAS, Is e@pLcablc only by tha:I
Official Independence. j. it wise 10 abanGon Il rule, com
meGded lline0y eNPe;ienccan ana sound theory. tor the rro.iat
inss of = raah sps-it OF improvement! Sn"G!l VI, BY In
dcrlng the Judges dependent, incur the hazard o; rundcTin.
Justice stna!!
There .c changes which, wi;hol, inpairine H. tenure 81
The of. -, lalg!it accelerate ,lc administration .. 'isticc, 49,
remedy acknowledged evils. For eNainrlc: 10 TX a ;clio
in the a.c ii :.a Judge al which ne should rem, i%iaaly.-
= - w 49, ~ N-''1' '1t'd 'vf4SS @'. i'S'', -'.
DOUBT that i, i: in - power Ia prevent dc!hy. Hha;cv"
rnva ,d7,s would expedite justice, and pic.aic Judicia, gual.:i
cation. woHii ccanlnd my consent.
Nc.!, AN il favor If retaining the cxistia. mode o
cieciin4 Judgc 5 5 ana the Governor.
lcny of tno>c ~io ARE for 4 change. ADM, that a popllaI
ccctiul would IL. answer t.! The JaCgcs Il the Coull -
Appeals. .Manicsrly, ~ | think, II loud mol. The pconl'
cculI 10: be possessed III the Information necessary 10 a III.
erect selection; and the consequence al sac'i Il mod d clcr
ton Tor that bench, woaLi Dc die substitution oi the action
.. al irresponsible Caucus for dr., of the Legislature. 4
change by which lie State conld rot gain, and must los
Nor arc the objections 10 a popular election c: C!rcni
Judges, either fe~ y. slight. There i AZ obvious incun'
gruiiy in the heats Of 4 canvass and I'll" office OF Judge. /
would ba iii II least for hin. - uricrl, quarantine before III
entered upon hi delicate duties. What more Likely than
that a District Convention, Constituted after the fashion O
the PRESENT day, would interoo-c H. prevent distraction, anc
sccuic 2 party tIiAInpE! H.at .d;artine over the old mode
would he g.incd by thar! Is it certain 'he Judge would for
get liz obligations or resentment, .: the candidate. II IN.
Legislature, in late years, iorgcttin. the example u older
times, has sometimes made Il bid appointment, undo! th,
binding inildcnco of party tavorui:n. i il certain tina, ttost
who tolerate the abuse, with the means Of correction ir
thci. power, would never fail into 4 like error! Would no
The change lead 10 increased agitation and party Intolerance
and are not these great evils?
Many oi the objections apply win undiminishcd force IL
4 change OF the mod 81 cecting the Governor. II would
not, moreover, consist with The basis Of representation, gAe,
with reference 10 sectional equality, az | nave insisted above
ii should he. With The Inconsistencies powers row attached
10 the office. and for obvious reasons, ! trust lhcy will not h,
materially enlarged. know of 10 good reason Tor c.laneia.
tie manner Of appointment.
Oar county court s;stcm is alike ancient and useful.
know NJ no oart Of our Institutions which, in TIE general
mas dispensed its admirable benefits nj So little cost, nor bee:
more exempt from abuse. We came. dispense with is 0r
ces, MORGAN a substitute be found tor il ~iic. will ac as use
idI and, nj ;he same tine, As i:apotcnt for mischief. Wit,
this opinion al il as 4 whole, il may - in s1.rc respects,
tnna, changed, 80 4. 10 tisarm The opposition vi some ~
their objections.
| have thus, gentlemen, responded 10 your inl":ries, i'm
perfectly ! know, as The Limits had 10 observe, and nj c.
gascnents rendered unavoidable. | am gratefully impress
cd with the honor Implied by your application; ind il; IN
humble services bc desired hy the district, and / be hon3rc,
with 4 seat in the Convention, ] shall ,~ndcayur. in my hum
bic way. :, discharge its high responsibilities.
"ith great respect, your obi scrv'f,
WI. II. MCFARLAND
To Ncssrs. Benjamin Sheppard, Nicholas Mills, Geo. Fisher
w. Barrett, J. II. Eaatace aad others.
MR., M~ACFAaLANDS VIEWS on THE RIGHT OF
SUFFRAGE.
In my reply TO the gentlemen who had invited me 10 ex
press my opinions on certain questions expected 10 arise 5t
f,rt ihc convention, | confined nrse!i ~ the enquiries mad,
OF ne. l have Dcea since requested t. state ny views q
The rgh; 81 saiirage. ard Z give me plasGi. 10 comply.
I.t me .afn ~ - In E IL. -IN .l-l :.