The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-09

The bill to alter the mode Of appointing the
Comptroller General and the Regiter General,
which had pailed both houfes of the Legilla-
ture, has been returned by the Governor, with
the following objections
To tie Senate and Hone Of REPRESENTATIVES, of
the Commoxzveai1 Of PengSlrania.
GENTLEMEN,
have read and conidered the bill, entitled
4" An al to alter tie mode OF appointing re
Comptroller and Regjfer General" and as it APP
pears TO me inconiitcnt with the purview and
iprit of the contribution ofthc fate, and alfo in
expedient, 4 cannot approve it. have there
fore directed the Secretary TO return it to the
hcuie of representatives, in which it originated,
together with my objcctions-wh follow:
Fiya-By the fecond article of the contituti-
on, made and eltabliihed by the people of the
Commonwealth, on the fecond day of Septem-
Der. one thoufand fevcn hundred and ninety,
fiction eight, "The Governor SHALL appoint
ALL officers whole offices are eftabliihed by
that contribution, or fhall be eftablihed BY law,
and whole appointments are not therein other
wife provided for" BY article 6, fiction S,
" The rate treGfsrer fhall be appointed annual
iy by the joint vote of the members of both
hou.cs all other officers in the treafury depart
mcnt, attornies at law, election officers, officers
relating to taxes, to the poor and highways,
conltabies and other townihip officers, fhall be
appointed in fuch manner, as is or fhall be d.
rcSted by law"
Thefe being the parts of the contribution,
which have relation to the preient bill, the fole
queil'on is, what the convention had in con-
temptation by the words "All other officers in
the treaiury department, &c. fhall be appoint
ed as is or ihall be directed by law" If it had
been intended, that the members of the two
houies fhould, by joint vote appoint all other
officers in the trealury department, attornies at
law, and the officers enumerated in this fiction,
the convention would have annexed this pow
er to that of the appointment of fate treafurcr,
IN the lame fentence or ciauie. What then, it
may be enquired, had they in view? MY an
fwer is, they might have iuppoied, that the le-
gillatnre might conceived ncceiiary, that other
officers hould be appointed as a check upon
him. They may alto have had reference to
the county treaurers, excite officers and others,
who might be deemed necef1ary to collect and
pay money iii the fate treafury, as a part of
the revenue not airing from taxes, and who
might be employed or CONDITIONED foley for
that purpofe.
The comptroller or regifter general has AS lit
tie connection with the treafnry department, as
any other officer in the fate the names of Off
GERS merely, cannot deiignate their department
or dutics-I'hey receive no public monies, nor
pay into the treafury they make no reports OF
reference to the fate trea(ilrer, nor are they
amenable to him in any manner whatfoever
they arc entirely connected with the fupreme
executive department ofaccoun!s their princi-
pal duty is to liquidate and afcertain the claims
and demands aganft the commonwealth, and to
report them TO the governor and if they d;fa-
gre, rs 10 decide, and thereupon to draw his
warrant for the money on the fate treafnrer,
ipec;fying the appropriate fund.-No reafons
have heen aligned in the bill, why they fhou,d
he conidered rs officers in the treafury depart
ment, nor can divine any.
Since The Establishment Of the preient conGi-
futon, thete officers have always been appoint
cd By the governor; and by the lait act Of the
legii!a-ure, pre- ,eding the prefent contribution,
the comDtrollcr general held his Office during
the p'eaiure OF the fupreme executive council.
tmay 'e fad, that this was in purfnance Of acts
or the iegiiature; but under the fri conftituti
on, the fnprenle executive council were vtfed
with the power of thefe appointments, though
0verrnled by the houfe of af'embiy: under the
prctent, the governor has the right to appoint
thec officers, without the aid of the Legislature
& the lat act of afirmbly on the fubieG, may be
confirmed as a recognition of it. At any rate,
1t cannot deprive any future governor of his
constitutional rights, and at leaft proves, that
the governor, in their opinion, was bef qualified
to appoint them.
By this bill the prefcnt officers are TO CONT
nue. in office until the fecond Tucflay in Janu-
airy next, if they GiaiI respectively 70 long be-
have themltlvcs well but, there isn@ fuch pro-
vliion for the future. ] have long entertained
doubt respecting the power of the Legislature,
to make any oGice during good behavior
except thofe 70 directed bv the contribution |
ifthis can be done governor having fuitable |
understanding with the legislature, may piace
0iJ and bsir fauOriteJ on this foundations; and
thereby not only preclude his fuccefior from the
aid of friendly coadjutors, in the arduous adj |
ninifration of public affairs but ALTO fuhject
him to every difficulty, which can be contrived
by enemies. This would be contrary to the |
Practice of every well regulated government,
and not s'doing, as we would with to be done
TO u.s."
Beiides, the two houfes have TO contributions
al power TO continue the prcfent officers fin.
gle day againit the will of the governor: 1t
would be encroaching too far on his authority, |
ard deit.oying his refponfbity. Be all this as
it may, the fpirit of our contribution is, to keep
the Legislative, executive and Judicial depart |
ments in the government, as dRinF and mde.
pendent of each other as potlible; it has pre-
icribedy limits to each, the barriers of which, |
cannot be palIed without violation of this acred |
initrument.-The executive branch (among o. |
Their duties) is, "to fee, that the laws be faith
fully executed" which he cannot well perform,
uDlefs he has the a)DOintnent of the oficers