Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-28

The evil cannot he considered as trihing,
when we reflect, that warrants on the trea-
sury and the laws of the commonwealth
have been subject to the same uncOnstitu-
tional process of notification. 1t is asccr-
tanned by the committee, that the name of
the governor has been stamped upon pub
lie papers requiring his signature, and that
too out of his presence nav, so far has this
practice been carried, that the Judgment
OF the governor, rendering void the late e.
lection of a sheriff for the city and county
OF Philadelphia was never seen by him, Ell
Their before, or after ms name was annex
ed. 1t can scarcely be necessary for the
e., nmittee to enumerate the frauds, and the
im'schiets, and the distrusts, which must
result from a practice so repugnant to the
constitution. The possessor of his fac ST.
mile becomes the governor to a certain ex-
tent and instead of the wholesome restraints
of the constitution and the laws upon i'm
position and fraud, the interests OF the com
monwealth, as well as those Of its citizens
may be jeopardizcd by an usurper OF the
governors fac simie. The constitution re-
CURES that the governor shall "Sign" all
! bills, which shall have passed both houses,
IT he approve them and by what mystical
Interpretation, stamp of his name, i'm
pressed by another hand, can be made TO
comport with the iniunctions of the consti-
tuition, must he left TO those casuists to de-
! termine, who are skilled in the see
merry and legerdemain of royal govern
ment.
The removal of DR.. James Reynolds
from the Office of a member of the Board
of Health, the committee conceive to be
a palpabc infraction of the law which Gre
ated the Office. The constitution recogni-
! coo n rs IF 4 l.
and its silence on the subject of Offices, not
held during good behavior, or for speci-
fed term, has led to the conclusion, that
they are to be held during the pleasure of
the governor; and upon this construction
has the tenure during pleasure been esta-
blished. The law creating the ofhce of a
member of the Board Of Health, specifics
the tenure of Office TO be for one year, and
the commission of the governor is in accor-
dance with the terms of the law; and to
eXemplify the governors own sense Of the
law, the usual phrases, which accompany
a commission during pleasure are e.
rased from the commission leaving no
doubt of the governors own conviction, that
the tenure of Office of member of the
Board of Health was not during the plea
sure of the governor, nor the commission
revokable by him.
to William Duane, is OF character truly
dark and alarming. The outrage commit
ted hy his son Joseph B. M'Kcan and others,
I upon Mr.. Duane, transcends any thing in
baseness and barbarity, ever perpetTated
among us by men pretending to the honor
ofa soldier After having beaten and bruis-
Sed him until he was iifeleSS, they raised
him from the earth on which he was pros
trate, that one of them might again knock
him down; and these heroes Of our cohsti-
tuition and laws, finished their murderouS
assault, by whipping the inscnsible body of
a man, they had rendered lifeless by pre-.
vous barbarity. For this inhuman treat
ment, Mr. Duane appealed to the laws OF
his country and from them expected a re-
dress of his wrongs. On charge of an in
tention to commit breach of the peace
Mr.. Duane had been previously arrested,
and was held to surety of the peace; and
under preteXt that he had been guilty OF
a breach of the peace, and a consequent
forfeiture of recOgnizanCe, by the publca-
ton OF certain paragraphs in the Aurora
charged to be libellous, he and his surety
were summoned by the then attorney gen
eral to answer for the amount of their re-
cognizance. Mr.. Duane had instituted acti-
ons for damages against Josesh b. M'Kean,
and some of his Coadjutors, and to relieve
his son and those concerned with him from
the penaityof the law, the governor offered
To discontinue the suits Of the common
? wealth against William Duane and his
surety Oh condition that MIR. Duane would
withdraw the actions against his son ]. b.
M'Kean and his associates. Need the COM
mittee make any comment upon a PROPOSE
ton to commute an outrage so flagitiCus and
Unprecedented, and by a governor consti-
tutionally enjoined to see the laws faithful
ly executed
} From the preceding facts, your commit
tee are impelled to declare that however
unwilling they might be to arraign the
chief magistrate upon charges trivial
and unsubstantial, when the fundamental
principles Of our constitution are invaded,
it would be treason against the pubic Ii
berry and disgrdceful aban onment of
public duty not TO demand the punish-
ment of the aggressor. Pubic station
ought to render noman inviolab.e, and the
greater the trust, the more rigid should be
tile responsibility. If your laws justly pun
ish man for petty larceny, surely he ought
not 20 escape the penalty Of his bond, who
assails the vitals of our constitution j.
ven ignorance Of the law is held to be no
: excuse for transgression but where know
, ledge illumines the path of the public fuuc-
tionary, how much greater is the guilt OF
his SHINING against conviction
"Crimcs", said the enlightened and hu-
. name BeCcaria, care only to be measured