Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-07-18

THE GOVERNOR AND LIT. GOVERNOR

Messrs. Editors. Some OF the public acts oil
these high functionaries of the State Government
| have been brought in review before the people.
Without intending here to detract from tho pri-
vatc character of either, but willing to accord
TO all concerned in every social relation of life the
most perfect respect permit me thro' the columns
OF Your paper, the right ofevcry free citizen to
canvass their public acts. If the Lieut.. Governor,
has acted right in pursuing the course he has in
relation the papers OF ;he Telegraph and Balti-
more Republican, he ought TO be sustained and the
clamor oi party, should not be permitted u drown
the voice of reason aud Justice. If tho other
hand Governor Floyd has transcribed his powers,
7 already ample enough under the new Constitution,
the people should know it.; and he be held res
| ponsiblc TO the Constituent body For those acts
! "a Citizen" in relation TO the correspondence
between the Lieut. Governor, and the editor of the
| Telegraph says 'Iho proper time to have submitted
this subject to the Council would be when the
payment for the paper dcmandcd.' The
| sama reason that justified Governor Floyd in
ding for the paper, would surely furnish warrant
to pay for it without advice of Council. If the
| right exists to order it, is not the right conse-
catiyo to pay for it. The design of the conven-
ton in having this advisory Council was, to
ate due responsibility by exhibiting to the Legis-
laturs the official acts of tho Chief Magstratoto
avoid hasty and precpitatc action-to bring
to opcn-day every deed that might otherwise re.
main concealed and secrct-and that the opin-
ion of the Council should be fairly weighed and
maturcly considered Now, if Inc waits for the
advice of council until payment of tho paper is de-
manded, of what avail can be that adcice? No hui
man intervention could prevent Gov. Floyd, who
ordered the paper, from paying for it,his honor is
pledged, his Faith is concerned in doing,--and his
act OF ordering the paper, puts beyond his controul
tho cons dcrGii0n much less the taking of advice.
The time to consider that advice, was upon the
! directing the paper TO bo sent, and tho folly or
| illegahty OF the act, cannot bo modified
called upon the question of a demand for payment
This would be literally locking the stable door aftor
the steed is stolen. IL would be than useless
1t would be adding insult to contempt. to submit this
claim for payment. Ho could not, and ought not
To take the advice rejecting the demand. He would
have to pay for it from his pocket, For Inc edit
or is innocent third person, and ought not to
suffer; and such payment from his private purse,
would be an acknowledg ment that he had acted
officially wrong in ordering it.
1.-THE Governor cannot draw monoy out of the
Treasury, before submitting the subject, it follows
| he cannot of his rolition create contract
that will coerce it therefrom
Citizen says again, lat the end of the year the
governor asks his Council, will you paw Cen
Green's subscriptions We will not Does that prevent
! the Governor from forthwith directing its pay
nent? 1t does not-but does that make it legal?
Gov. Floyd would most surely pay it--and so he
would II he had directed arsenal, public maya,
zine 10 be built i'll Floyd, Montgomery county
and the only difference would be between the sum
OF i've dollars and five thousand. But suppose this
same Governor at the end of this twelve months
should not be living--suppose he should re
ceive from President jackson lucrative an
| ponment, what would his successor saw
Why this paper illegally ordered-it was
no Executive act-the records of the department
do not furnish scntia of evidence that it was
eren directed to be sent; and if the Editor has n
| just demand, 1t must be on the estate of John
| Floyd, ESQ.,
is there no difference between Sending paper
to the Governor the Executive or, John FLOYD
The Gorernor has no legal authority to send to
Nash's for any thing, without submitting it to the
Council, and has more right TO send for a ream
OF paper than he has for s. 1900 worth of books
AS John Floyd he may do either, but as Jno. Floyd
he nust pay for it,
The Editor of the Baltimore Republican has a
demand on the State for his subscriptions until le
galiy discontinued; and the question recurs, what
right has the Governor to discontinue the same I'M
| til 1t is submitted to the council! None:-and the
editor is simply informed of that fact-and if the
Governor refuses TO pay for it, which he may do
the Courts and the Legislature open for it's
very, and he recover.
The Lat. Governor put things precisely in the
same situation that previously existed; Welding
the full and perfect right to the Governor to take
this or discontinue that paper, by spreading on the
Executive Journal, his official responsibility, when
ever he should choose TO do TIE the other.
Know the lit Governor well enough to believe
whenever he may be called upon, he will give his
opinion, in characters too egible to be msunder
$1,000 ny the Legislature: Why should Governor
Floyd be exempted from the same scrutinisjno pro
cessi Let every public man be made to exhibit his
true poiltlcal colors-let them be nailed to the mast
} head--sink or swim-live or die-"conae out"
", w iiieI upon Ihls subject, permit me, Messrs
Editors' at the expense of being deemed tedious,
70 ash Gov. Floyd to condescend to favor the
l puDnc with some of the reasons that induced him
e TO give member of the Legislature the appoint
nent OF Commissioner to settle the Revolutionary
claims OF the State with the General Government
ms appointment, with salary of 50 GOO or a
i contingency OF one per cent about million of
dollars, was created during the last session, and
MT. Gilmer, the Chairman of the Committee that
reported the Bill, has received the Office contrary
PyDber of he
ms eAg'6ihty. The constitution says-"A And no
Senator or Delegate shall during the term for which
ne shall have been elected, be appointed TO anv
civil office of profit under the Commonwealth
winch shall have been created, or the emoIuments
OF winch shall have been increased durinr such
term, except such Offices may be filled by the
Feople" This was, believe, about the only clause
IN this discordant and Heterogeneous instrument
Il that passed una This compound-this decd
without name-conceivcd in tumult and ush,red
to the world with the impress of haste. slammed
and branded on its face, did contain one clause TO
prevent members of the Legislature from carving
and creating for themselves situations of profit
mat passed unanimously and has been the first to
he violated Call it Office, place, app .intrnent or
attorncyship, it is equally violation of the Consti.
tuition. IT is bubble, miserable pretext, to saw
that IL an agency worth large of money is
created member of the Legislature is eligible
thereto, but call it office and it violates the Consfi
tuition
This appointment made by the Governor alone.
ana III opposition to the unanimous opinion of tho
Executive Council, is promptly and fearesslv pro-
nounccd TO be an open and palpabe violation ofthe
oth section OF the Sd article of the constitution
nay 90 farther, and declare my belief chat there
can be found no intelligent man, who by interest
VI PreJUuce mas not become partizan in reference