Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-20

of ID. the following Memorial
! SIN We beg leave through you to present
to the General Assembly the enclosed Com
munication.
| p. V. DANIEL,
w. ii. ROANE,
| ROBERT g. SCOTT,
18th Dec. 1891. WILL. SELDEN,
VIM. ROBERTSON,
a. l.. BOTTS,
JOHN CAMPBELL
The Hon. the Speaker Of the
House Of Delegates.
TO the Honorable the Speakers and Members of
both Houses ofhe General assembly Of Vir-
ginia.
The undersigned Members of the Privy
Council have deemed it proper TO offer to YOU
the following representation, which has been
drawn from them by the very unusual Address
oil the Governor announcing to you the ac-
ceptance of his appointment.
In our adoption of this proceeding we have
been fully aware of the anomalous character
of an appeal from one coordinate branch of
the government to another nor do we here
intend an official vindication of our conduct
Out we too, may he permitted TO feel that we
are citizens OF Virginia, compatriots with the
members of the General Assembly, and we
are inclined in practice, and from habit las
politically we are often bound to do) 10 res
pect the decisions of their Judgment. In our
sincere regard for the opinions of yourselves
and ol our fellow citizens generally, is to he
found the true motive of this etior; to demon
strate, that there is no danger to the Republic
likely to arise from the introduction on our
part of novel and eytravagant principles at war
either with the theory or with the time tested
execution of the government. The compl-
ment of 'purty Of public intentions" be-
slowed by the Governor upon the members
of his Council, should not induce in those in
dIviduals, an acguiescence under the weighty
accusations contained in his letter nor indeed
should IT shield them from the merited con-
sequences OF opinions and conduct, such as he
has laid to their charge for, in no community
has social mischief obstinate and systematic
mischief especially,) been ever tolerated, in
consideration of the sincerity of those whom
folly or bigotry had perverted nor can il be
SO tolerated consistently with the pIainest
rules OF self-preservation. w claim not, in
deed, the slightest protection from this courte-
sy IN his EXcellency: we invite our country
men to the closest scrutiny, and are not afraid
To affirm, that the construction which we have
gwen To the constitution and laws of this
commonwealth, is the true one that il is the
only practical or practicable exposition of
which these instruments are capable; that it
Is moreover the Interpretation they have re-
celved by the Patriots who formed the con
stitiltion, and introduced il into practice that
IT IS in fact the Interpretation which has been
given both to the laws and the constitution,
from the commencement of the government,
down TO the administration of the present
Governor.
Upon that portion of the Governors letter
which asserts his right to command the mill
tia of the State, we are at a loss what COM
ment to make. That the Governor is com
mander OF the militia when embodied in the
mode prescribed by the constitution and laws,
has never, that we are informed, been question
ed in Council or elsewhere. We cannot then
perceive the scope and object of the Govern
or's remarks in this instance, unless they may
be designed to embrace some attempts on oc-
caslons of holyday and public festival, to in
troduce the public guard, and tue volunteer
companies of the Metropolis comprehendirg
cavalry and artillery, with their usually atten-
dant concourse, within the public square at
tempts always discountenanced by the COun-
cit as certainly destructive of the improve
mcnts upon the public grounds, in their pre-
sent situation, and which had been effected at
much public cOst.-Upon these occasions il
has been insisted, that such voluntary assem-
blagcs OF men for pageantry or amusement did
not constitute them the militia of the state
tuition and laws; and that if the Governor
could by placing himself at the head of such
multitude, become thereby actually in COM
mand of the militia, there could he no body of
men who might assemble themselves under
eXctements however violent or criminal, of
which the Governor might not become the
leader. For, when assembled, not under the
provisions, nor in the modes, nor at the pc
RODS specified in the constitution and laws Of
the state, there is no difference in the legality
ofthe array, between company of militia and
any other crowd. Let il be remembered that
these remarks were drawn forth by AN intima-
ton from the Governor of his right as com
lnander IN chief to introduce the public guard
and the militia to fire fen de oie upon the
Capitol Square, 10 contradiction of an advice
of the Council formed in execution Of the act
OF Assembly placing the square under their
protectlOD) inhbiting musters within the pub
lie square.
The attention of the Legislature is, in the
next place, solemnly invited to anconstitution-
al encrOachments (now become inyeterate)
made by what is styled the plural upon what
is denominated the single branch the Exc
cutive department ;meaning,iti is presumed, by
these applications TO designate usurpations by
the Council upon ihe authority and rights of
the Governor. So far as these vague and
general assertions eau he brought into form
that is specific or Ineligible, they are under
stood to apply to an existing difference ofO-
plniOn between the Governor and his Council
! Ia difference, such rs was never known an
terror to the induction into Office Of the pre-
sent incumbent, with regard to the predica-
ments contemplated in the constitution and
statutes of this state first IN the creation of
Lieutenant Governor, and secondly, in the au-
thOrity vested in the Council Of State TO adj