Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-05

But Is objected by the gentleman from Broose (Mr
Doddrdge9 that In giving the election Of the Governor
to the legislature, you violate that valuable political
maxim, which requires tho different departments be
kept separate and distinct II the gentleman will
sdvcrt to the forty seventh number Of the Fedora.
ltt in which this subject IL discussed, he will
ind that the true meaning OF the maxim, laid down
hS Montcsquieu.s "that where the tchoie pocsr
OF Que department is exercised by the same hands
which possess the tchote potrer Of another
the fundamental principles Of free constitution are sub
vcrcd" And that he did mean "that these depart
mchts ought to have no partial agency control
over, the acts of each other" And this number also
demonstrates by reference to the British Government,
AMI inc Governments of the different States Ito which
may be now added, that OF the United Stacs that is
extremely difficult, ii not mpossiblc 10 prevent the
powers OF department from running into those of
another Besides, how does the power of appointment
oil Governor, confer the Legislature Executive pow
err IN the in which tho maxim before quoted can
alone apply As well might be commended, that the
appointment If the Judges, concrs on the Legislature,
Judicial powers.
But the gentleman from Brooke says the Governor has
no power. lie is mere cypher. Ito not think So
lie Is not bound 10 obey the advice OF the council IL is
true he cannot act without their advice, but he can af
ter they give it, execute il not his responsibility
ms Is the unitdem construction which has been put on
the constitution Besides, my plan proposes that when
inc council Is divided the Governor shall have the cast
ing vote How does appear What the Governor and
oouhc' nave not adequate power! Have they not the
power to execute the laws? And have not the law.
been always executed, Why give them more power,
can only be necessary to confer spenor patronage
The powers of the Executive very considerable 1t
must he in every Government State as large az
this. The power Of executing the laws must ALWAYS
be commensurate with the legislation of a country
ihey have the power Of appointing magistrates sheriff
all inc miti officers, and many others and the power
OF titiing vacancies in various Offices during the recess
OF the Legislature They have also a general superin
Tendance OF all the depai subordinate TO them the
treasurer Office, thosa OF the Auditors the Penitcn
tiary, to which may be added the boards of Internal I'M
proyement aud the Literary Fund Can any one man dis
charge these various important dues' In the exercise
Inc M nf nnirfr, Al
local information, or the knowledge of men disperscd
over this great State which would enable him TO make
proper seections' With council of four elected with
any reference to this object he would have ALWAYS AT
hand, the means Of making judicious choice
mere IL one power vested in the Executive
which should be unwilling to confer on any indivi.
uua'. mean the power Of pardon. l. there any gen.
ueman here. who IL willing to invest thi. power
which may involve the liberty, and even the life of an
c'zen oil the land Theirs IL no man. however eievat
gu, however prosperous, however virtuous or crcum
'pect, such Is the frailty Of nature and such ara
me accidents and vcissitudes OF r; who NAV no, ei
.oer IN his own person. or that OF his have
deep interest in The exercise Of this power.
The idea advanced ny some that the council NAV be
dispensed wih by taking the advice of the Treas,or
n"nVors, ami some other officers OF Government no,
N my mind one which can he sustained. The objects
Tor which these off -ers selected are en.ireIy dis
nnc ana they may require different qualification.
But what seems conclusive, il. that these off .er,
under the supervision, and 10 certain extent the con
'rol OF IN Executive and have already IAborious u,
70 perform which occupy all their time II the opioion
iva
the mode OF that Of the United States I ,boulJ h
more dspose' had the power TO reverse This pron,;
non. The powers Of the Fede al Executive are enor
nous, and its patronage most .ve For f;s cane
we see the nation feqnenilv convuIsed in the cho;ca
oil this magistrate. The Office of President ov.r.I,
lows every other part of the Government. His cleo
on absorb the wishes anil thoughts Of large por,ior
of the nation. Oiher ell c,ions, and poIi,icaI n.a
sures OF vital importance, are too oftes made snh
to the advancement of the interests of avorie
candidates Tor the Presidency IL is much 10 he feared
a' The conflicts which take place for this pIeriny OH
CT OF ambition, may more endanee err tho permanencv
VI our uehera Government than any thing else which
can happen 10 IT. The remedy would be found in al.
min'hng the power; or, at least the patronage oC ,h
Executive Of the United States - WV
may be well, however. supposed. th,t the re are
some OF me powers which are conferred the Exccu
tive OF the Union, which may be necessary 10 H. hin,
would be entirely otherwise. applied to the State
Government In the United States ia inve.,.a ~,
powers Of war and peace, the regulation of commorce
and the management of our external Relations Ths
cares oil the State Government principally confined
to the regulation OF internal afai,s And FIR The
management OF thes", the powers we have y;ven ,hs
Executive have been found amply sufficient, and 10
have been jndieiousy arranged, under the existing
government. "e
The gentleman from Brooke Gays, that the im,eacb
men, 10 wnch Inc Governor is liable, is mere noni.
ha thlne; contain: no terror, because he can only
tieinan rrcoIieci, that il convicted on impcacbmen,
he may b: disabled TO hold any office in future. and
scr bed by law. 10 pre-
The gentlemen who against the Council, under
any mouhcanon, have not agreed upon what thew will
substitute for it. Now, l am persuaded tb,t ,ybsn
ever they bring forward plan, il will be found that
VIII not lie as eihceE', economical as the small
Council propose TO he retained.
Inc Executive Committee have decided there shall
be Leuianant Governor, but have a. vet, assigned
him duties 49, ''s''''
He must il the council he aboIi.hed, be salsried
officer There must be also some other smbor,;na,
ana auxiliary ofhcers, TO transact the public business
ny my PLAN the Lieutenant GIvernor is 10 be one nj
salary. ~ ''""'
ne committee will, however, be better enable 10 de-
cide cn The Intrinsic, comparative merits of what is
n.1nsen 10 De substituted, for council under anv
modification, when gentlemen shall see 6t NOR fiji
10 develoPe their views on The subject.
DOMTM8TIGe