The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-02-10
organization Hike the former State aaArd or

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organization Hike the former State Gaard o.
a State police is too apparent to require
comment or argument from me. Men must
be employed to guard the penitentiary and
to care for and protect the public property.
In my opinion, military organization is
preferable to any other II is quite proba-
bic that the State Guard might be re-
organized under the present laws, but |
have preferred to defer I'll action in that
behalf until the opinion OF 40 General AS
scmbly could be had.
I respectfully recommc., lat this SUD
iect be considered and a -, upon at the
earliest practicable moment
CITY, TOWN, AND COUNTY OFFICERS.
Among the important subjects demand
ing your immediate attention, one of the
first will be that of providing for filling the
various city, town, and county offices until
regular elections can be held. The Constl-
tuition provides for holding regular cleo
tons in cities and towns on the fourth
Thursday in May, and in counties on the
first Tuesday after the first Monday in No
yember. Before any elections, general or
special, can be properly held it will be ne
cessary for you to enact n general registra-
ton law, and provide the mode and
manner in which elections shall be
held. Our present statutes arc inconsistent
with the provisions of the Constitution upon
this important subject. Thetwenty-second
section of the fifth article of the Constitu-
ton undoubtedly clothes the General As
sembly with ample powers to fill all these
Offices in such manner as to il shall seem
best until regular elections can be held. l
doubt the propricty of ordering special
elections in these cases at this time. Aside
from the time which will necessarily be
consumed in pcrfecting the requisite legis-
lation for that purpose, the great expense
which such elections would entail upon the
Commonwealth ought, if possible, to be
avoided. In the mean time it is of para
mount Importance that many of these
Offices should be promptly filed. 1t ap-
pears to me, therefore, advisable that the
LEGISLATURE Mt very early day enact law
authorizing the filling of these Offices by
appointment, until officers can be regularly
elected and qualified, as provided for by
the Constitution.
THE JUDICIARY.
Five Judges of the Supreme Court of APP
peals, sixteen Judges OF the circuit courts,
and over one hundred county and city
Judges, are to be elected by you, who will
hold their Offices respectively in the order
named for twelve, eight, and three years,
from the LIST of January next. This is q
grave and responsible duty, and surrounded
BY serious difficulties and cmbarrassmcnts.
A learned and incorruptible judiciary has
ever been the pride and boast of our pcoo-
pic. Whatever other changes our necessl-
Ties may compel, trust that the high stand
ard of qualification for judicial position
which has heretofore obtained in our state
may never be "changed, altered, or amend
ed.'' Honesty and capability have been,
and should continue to be, the sovereign
tests of fitness. The judicial crmine Should
ever be far removed from the arena VI
politics. If there is anything more to be
Stunned than q political preacher, 1t Is
political Judge. Ii may be that you VIII
be unable to fill all these judicial positions
by men who are not disqualified from hold
ing office by the Constitution OF the United
States. without intending any disrcspect
to the Fundamental law OF the land or to
the constituted authorities, il appears tome
that YOU not only ought to have the right to
the widest range of selection for these ex-
allied positions, but that you ought to exer-
else that right. It is solemn duty which
YOU owe to yourselves and to your constl-
tuents, to the country, and to posterity, to
elect cur ableSt, purcst, and best men, and
if, in the fulflment of that duty, your
choice should fall upon any who arc dis
qualified by the Sd clause Of the l4th artl-
Gle of tie Constitution of the United States
/ would recommend the passage by your
honorable bodies of n resolution respect
fully requesting Congress to remove such
am Satisfied that such
d resolution would receive the prompt and
favorable consideration and action of Con-
gress.
The salaries of all the judges arc to be
fixed by you, and while ] am an earnest
advocate of economy in all departments Of
the Government, am not in favor of meagre
and insufficient salaries for public officials,
for the Judges Of the circuit
courts and court Of appeals They should
be sufficient to command the most eminent
ability. The lawyer who accepts one of
these judicial positions BY that act banishes
himself from The practice and emoluments
of his profession. Unless nan of fortune
he is dependent solely upon his salary for
his support, and that salary ought to be suitl-
Gent TO furnish him comfortable living,
in keeping with the high position he holds.
ain aware that the judicial system pro-
v;dcd for by the Constitution will, of ne
cessity, be an expensive one; but with the
many reforms which may and ought to be
Instituted ii may be rendered less burthen-
some than our former system.
The expenses incident to the administra-
ton of the criminal laws have within the
past few years increased enormously
mainly due to the larger inerease in the
number Of petty oflences-such as larceny
and assault and battery. y thorough re-
form, not only in the laws themselves, but
in their mode of administration, is impcra-
lively demanded.
1t appears to me that all cases of petit
larceny, except for second offence, and
all cases of assault and battery, except
with a deadly weapon,-in fact, all crimes
OF lesser grade than felony-should be
summarily tried by Il justice of the peace,
with OF without jury, at the option OF the
accused, reserving, of course, the right of
appeal to the county court upon questions Of
law; and in cases of conviction, the pun
ishment inflicted to be fine, or imprison-
mcnt in the county Jail, or hard labor upon
the public roads or elsewhere.
BY the adoption OF this system, and by
that the value OF the property
stolen shall be at least thirty dollars to con-
stitutc the crime of grand larceny, you
will free the courts of record Of very
large proportion Of their criminal business
and the Commonwealth from fourth to
third of its " criminal charges"
Cases of trial and convicElon of larceny,
,ritl, 1nnrn snsnicinn of hrrrlarY. have