Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-08-02
VOLUME LVIII.-NUMBER 2S.

I The first amendment proposed By the Cor
mlttec Is in regard to the right Of suffrage
We all know that i'll the good old Convct
tin CT lIIG, there was Z property o..licatio
! imposed. In 1929 the freehold qualification
Was removed and the restriction adopted, wh;cl
! entitled 4 Iiau t. Vote who had paid his take
OF the preceding year, and YVES tie head Of
family. IN 1870 all restrictions Of this sor
were removed, and every citizen Of the Com
monwealtn, ;#en:r. one years Of age, who hat
resided two Years in the State ard one year i:
the county, whether he had paid his taxes o
not. Vas entitled 20 vote.
Now, the Committee considered this wa
unjust. It took the view that rights and du
ties were co.rcla.ive; that military service o
hSe!t did not constitute just foundation fo
the claim 10 the right Of suffrage; that TN,
Commonwealth extended its protection to Ia,
rights CT person and property 20 every citizer
OF The Sta!c, and !hcy- considered thar rs fail
equivalent f.: ;hc co.rci..vc Gatr or ;he par
o! Tie citizens to defend the commonwealth
The Committee coateEdcd, however, that whcr
4 nIan claimed protection and the right Of par
llcpation in tho government, it is incumbent
Oh him to discharge all his duties 10 the gov
eranlent. The rendition Of military service is
nu! one Of these; the payment c! :. proportion
oi The cost o! sustainu:; the government, is an
other.
would say 10 my lric&G ir3,u LouIoun,
tlat the abuses which he claimed to have ex.
listed under the Constitution Of 1890, will not
exist here. 1t is not mere nominal payment
Of taxes which candidates or pariizans lnay I'D,
vance, but it is substantial.
The voter IS bound 70 pay his property tax,
eapltstIon tax, and county and corporation
lcSes. This will constitute substantial lin.
itation, and will confer the right Of suffrage
upon ell who hare ! permanent attachment TO
tho Community.
In regard to the election Of judges, very
important amendment has been recommended.
Three modes were suggested. One was cleo
lion Dy the General Assembly, as was
formerly The case under tuc constitutional pro-
visions OF the State; n second was election
BY the people; and the third an appointment
by the Executrc. Several Of the mcmbcrs OF
tnc committee were disposed to favor III cleo.
ton by the General Assembly but when it
was rccollcctcd that experience had proved
that Judicial elections were frequently iEhu.
enccd by political considerations, they became
convinced that the Judicial raimcnt ought not
TO be So!!cd with the dust Of party associations.
With regard 10 the people, equally !nsupcr
able difficulties existed. OWING 10 the fact that
a community generally have no intimate knew
ledge O! candidates
The districts being very large, it is nccessa-
rily impossible that the people should know
the qualifications Of the men presented Cor
their votes. In regard TO tiao circn;is, there
was another great objection. White Ii was
true that, by being brought in intimate con
tact with tic candidates, It was considered that
when 4 ,r,i;e !5iS called ujcn 10 decide be-
t%ccl those persons ...!o La:l opposed, and
:acsc WHO hai advocated l:is election, il would
be unnatural to expect OF poor, :rail humanity
perfect .l!npar;!1rty in tho admin 'tra;ioa Of
justice. Hence Tx; Commit &c rcso:;ed TO the
third plan, w';Icl was the appointment Of TIC
judge by Tie Executive; and here le: me oh.
Serve, that tn!s is in exact conformity with the
oil Federal Consultation, and the Confederate
.onat!i1i!oE under which We arc !io~ living.
The Sailc TlgGGi.! that prescribed the Ex-
ecutlve a. Ii" appointing power under the
Confederate Gc:-2.!lut:0n, would certainly die.
late the pEopricty Of making the Executive the
appointing po"cr in The States. 1t was 2!So
recommended, that after the Executive had
made the nomination, it he sent TO the Senate
for confirmation. If the principle bc sound in
orc case, the Committee could see no reason
Why it Shcat not lie sound in the other.
In re.crr:ca % tie judicial tenure, it has
been recommended: tha: t!lc old tenure Of good
behavior small be rc.c:tati:shcd, the Office 10
be held until tie jEdg: Si:ai have attained the
aye Of seventy.
Il viii be iccoicctci TINT in the earlier days
o: English history, the judges hclG their Office
during the pleas"re Of tho Crown, ard the re-
salt was that they were TIC blind tools ct the
Crown.
When the revolution of ltSS occurred. and
the principles OF civil liberty %cre discussed,
the great rcruriil y:as introduced in England OF
IN Independents: judiciary. Instead Of holding
office &c The pleasure of thc King, the tenure
was made during good behavior; and | hazard
nothing in saying, that troa! 1855 to the pre-
sent hour the great bulwark OF British liberty
has been IN independent judiciary.
The Committee maintain that tho same
principle which requires an independent judi
ciary under a nonarchical government requires
it in a republican government. The same dis
position that would induce plant judge to
Weld to the bchcsts OF the Grown, would
prompt him to yield to the demands OF an ar
bitrary republican majority. Then you make
a judge hold his otticc by the tenure Of popu-
lar favor and not during good behavior, you
make him the merc creature Of popular ca.
price. How can you expect judge to stand
up and introduce tho @Ss Of the law between
4 great Commonwealth and an humble ind.
vidual, when he knows al excited community
is prepared to eject him from Office for doing
his duty regardless Of their influence? How
can you eXprt 4 judge to stand up with
manly and fearless independence, and set aside
4 law passed by 4 legislative body, because it
is unconstitutional, when he knows that
ciamorous populace may be aroused and hur
him from his ofIice-not absolutely at their
will and pleasure but ut the next election
when his judgment comes up fer revision.
say, therefore, we ought never 70 place temp
tatlon in the way Of Il judge 70 swerve from
the path Of duty in order 10 secure his re-
election.
In regard TO Executive offices, the question
has been asked, whether We have not rs good
shcriffs as under the old Constitution. say
no. Under Tic cd Constitution, when shcrills
were appointed il different manner from tha.
lOS pIcsCIlOct!, IL Sii~SI VIZ ".'
exception 10 the rule and o: hundreds of
sherltlS, you will not find one in the whole list
upon the records Of the Auditors office. What
is the condition Of things now? On an cx.
animation, .ind that Cut OF ore hundred and
thirty, every one hat thirteen is dofaultcr.
That is the official report Of the lst Auditor.
How is it wilh the clerks? Over one hundred
arc defaulscrs. Are we to continue q system
Of this kind when VIC need the revcnuc Of the
country for the support Of our arns and the
defence OF our lUertes: The gentleman be-
fore ne says that the amount in default at tho
beginning Ci the year was over one million Of
dollars, and when | called upon the Auditor for
his opinion nc repeated to me tina. it was Q!
The highest public necessity that this change
should b. made.
And, we present that the commissioners Of
Tue revenue and sherifS, instead Of being
elected b. the people, should be chosen BY the
County courts, and they are eligible indeti-
nitcly; provided, Is condition Of tha;
eligibility, that they sha! at every election pro-
tucc official evidence that they have gct!lcd up
cyrrr dollar Of the nuhlic money linen If