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

Legislature, u they commence tnsir Sessiohs VI
| the first Monday in December, TO terminate theu
4 on the foartb OF, March succeeding, with the
power to7lhe Governor. in case of any control
| ling necessity, to call an extra session. Very
often before laws have beentested by experience
! they are repealed or altered, thus constantly
keeping that which ought TO be regular and sta
bic in its operation uncertain and shifting
| There is no necessity of the Legislaturess con
timing in session above go days and ordinarily
10 days s sufficient TO traHsa ct all the business
of the people. Short sessiops would put an END
to the discussions, winter after winter, OF aP p
stract questions OF Federal Politics. whit mote
/ properly belong toour Senators and RepFesepea-
/ ltiSes III Congress Ssasetal Of our co-tnembess
ff5fslIse scstacS fIieds ihs e2 PsEi-
,ment of Bienniaf sessions, and they dre fuuud to
work admirably, and with saving OF hundreds
of thousands of dollars to the people.
,4th. hold that the Governor, Lieutenant
Governor, aud all executive and municipal ottl'
GERS all Magistrates, Sheriffs; Clerks OF Courts,
Commonwealth Attorneys, COnstables, &c,
ought 10 be elected directly by the people am
also in favor of abolishDg the executive Council,
as a very expensive and useless appendage to the
executive, and imposing the duties discharged by
them upon the Lieutenant Governor, auditors,
&C., who are always necessarily at the CapltOl,
aud which Offices are likely always to be filled by
gentlemen in every way quahhed. woulu oe
in favor OF increasing the duties and resPonslhll-
ties Of the executive department in some respects
and diminishing them in others. But it is not
necessary to enter into detail here. The Lieut.
Governor might be made a most useful otIcer-
President OF the Senate-Governor in the ab-
sence, death or resignation Of that oiFcer-have
charge, under the direction and suPe:lntendence
of the Governor, of the Literary fund, the Penl-
tentiary fund.- &c. Some such plan as this was
offered bv the late Mr.. Powell q think) OF Frede-
rick, in the last Convention, and the idea now
finds much favor in the eyes of all true Reiorm-
ers.
Many persons pretend TO fear the influence OF
general elections throughout the State. The
fear is groundless. On the contrary its effects
will be saIutary. 1t will cause tho 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 efectnaIly
the sectional icaousies now existing in the State,
and create a 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 remodellng and alteration, and
that the county court system ought to be abolish
ed altogether. There isfnO man whs holds an
Independent judiciary in higher estifeatiOn than
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 oughtto be elected
bv general ticket throughout the State, and the
circuit Judges by the voters of their respective
circuits Their election should be for certain
term of years, and time of life tixed-say the
age Of sixty-tive-after which no man should be
allowed 10 sit on the bench Judge. This ar
ranpement would preserve our judiciary eteCtual-
ly 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 pco-
pie is considered by many persons to be a most
Horrible innoratiOn-ass something that is 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 tried in
several of the States of our Union, and found to
work admirably, Notwithstanding 1t was attempt
ed in each and every one of them amidst the
melancholy forebodings OF foctogenarans, and The
conservative warnings OF othce-hOlders against
radicalism and innovation. New York has tried
it, and her distinguished patriot and statesman,
Hon. Daniel Dickinson of the Senate, in recent
letter bearsthe 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 before his State, upon the
grounds precisely that the anti-reformers of this
State now urge here, has carefully watched the
working of the system, and comes forward like a
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 | lonely trust IudL TSInidI CuIO anu 4AdIy-
land will be the next States to fall into line.
II will strike YOU as somewhat strange that
while YOU are admitted by the Anti Reforners to
be competent to elect the President and Vice Pre-
sident of the United States, members of Con-
gress-members of the Senate and House Of De-
Iegates &c, you are at the same time declared
10 be unfit to elect Judges, Magistrates, &C.
This, to say tile least, is little Par0dOrlcdL.-
Great care should always be taken, in the cleo
ton of Judges, that they be kept as free from Po
litical excitement possible, and therefore l
should be in favor OF providing by law, that the
election of Judges should not occur on the same
day with other general elections OF the State, so
as to prevent them from becoming part of the
general political tickets, and being carried IN un-
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 Mississippi, &c. Whig Judges have
been chosen in Democratic Districts, and Demo-
Gratis have been chosen iniWhig Districts.
But the objection TO the consideration of poll
tical influences in elections is groundless, espe
cially when compared to the present mode of cleo
ton, where political influences almost invariably
sway all the elections of Judges by the Leglsla-
ture. Does not every man know thatthe Judges
of Virginia all hold their appointments by poiiti
calconsiderations-byt the decisions oflegislatiye
caucuses Most assuredly it is SO. The first
question asked is, is he Wing lis he Demo
crat? The answer to that question predomi-
mates over learning reputation, industry or Pecu-
liar fitness for the station. tits conclusive with
The dominant party at the time in the ascendancy
in the legislature. Ninety out Of every hundred
Of The members know nothing personally the
successful man Would it be so with the peo-
ple? No, uottwo men o. sufficientqualiications
for Judge could be brought out in this circuit,
without being we'll known to all ofus, and all the
would he made by those whose deep and impor-
tant interests are involved in the result Judg.
es thus electedand responsible to thePeoPle lewould
be much more careful and diigcnt in the dis
charge of their duties, because they would know
and feel that day of5Teckontng with the aP,
pointing come. a gcoo 3uIg wGoie