Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-07-18
To THE EDrroRs OF THE Wu1e.

Gentlemen: Entertaining some views respecting
the singular correspondence between the Lieuten-
ant Governor and Duff Green, which have neither
seen nor hoard expressed by others, take the lib
erty of sending them for insertion in the Whig:-
dlsclaiming at the onset, however, any feeling of
disrespect or unkindness towards the gentleman
who commenced the correspondence. He is res
ponslblc to the constituted authorities for his Off
cial acts; and to his motives whether patriotic
or otherwise, it is not for to pronounce iudp-
ment. The SUBJECTS noticed, however, in this pub
lie way for two reasons:-lst, Because a grave
question is attempted to be raised, about the Con-
stitutional powers of the Chief Magistrate which
L think may be very easily disposed of; and 2dly
because the Lieutenant-Gov unlucky COM
munication to Gen. Green has placed this ssgreat
and unterrified Commonwealth" in rather an hum
BILE attitude, before the nation; and it is neither
right nor becoming, that petty squabblc, about
newspaper subscription, should have gone forth to
the world, should run the risk of being recorded
in the annals of the "Old Dominion"
LIST. As to the Constitutional question:-The Lieu
tenant Governor was undoubtedly premature in a
gitatng it; and he is undoubtedly incorrect in the
conclusion which he draws, from the supposed want
of authority in the Chief Magistrate, to order the
Telegraph. That conclusion is this:-that as the
Governor had no right to subscribe for Mr. Green's
Paper-therefore, Mr.. Green never could expect
payment of the subscription price. Now, mark the
mistake! AT the end of the year, the Governor
asks his Council, either one Of them $50 saws the
Constitution will you pay Gen Green's subscrip-
v
ment. But does that prevent the Governor from
forthwith directing payment at the Treasury
Does not the Lieutenant Governor well know, that
under the NEW Constitutions the Governor is only
bound TO ask, but by no means bound to take, the
advice of his Council? Having asked their advice
is he not clothed with full and complete power, to
exercise his own judgment? Again, if the Cover
nor undertook to stop the Baltimore Republican,
without the advice of Council how could the Lieu
tenant undertake to recorder that paper, without
n H., ,l-,,o e
ting the Chief Magistrates usurpation, did that
justify the usurpation of the second in commando
But the truth is, Gov. Floyd has been guilty of no
violation whatever of the Constitution, in the
course he has pursued That instrument requires
the Chief Magistrate TO ask the advice Of Council
only when in the exercise of those discretionnr1
po11ers that are conferred on him by the coRstitu
ton and lars. Who ever heard that the constitu
ton and laws conferred the Chief Magistrate the
right OF subscribing for newspaper-or that i
was necessary to do so? 1t would be as rational t.
talk about the Constitution g. laws conferrinr upor
the Governor the right TO wear broad. cloth coat o
| to drink glass Of Madeira. OF what conseoucnct
is it, that the Telegraph sent to John Fioyd-
| to the Governor Of VugiHiG--or to the EEec
| utire-so that the man who ordered it, ACTUALLY
received it from the post Office, and read it,
! 1t would be just rational to say, that Governo
/ Floyd had violated the Constitution by ordorint
n coat from his Merchant Tailor, becaus
| thai Tailor had made out his bill against tn
| Governor, instead Of John Floyd. I am willing T.
concedc, that when the day for paying the sub
scriPtion arrived, the Governor would be bound T.
ask the advice of his council; because, to drd,
money from the Treasury, is one Of those discre
tionary powers conferred by the Constitution an
/ laws, in which such previous advice is required
| But what then7 The Governor might still coust
| tutionay pay the subscription, whether the coun
Gil consented or not: so that at last in any point
view, this grave constitutional question vanisho
| into ''thin air"
One more illustration. The Governor in the at
sence of his council, orders ream of paper frer
| Mr. Nasl1's. The 1t. Governor comes into powe
/ in the temporary absence Of the chief. Findin
no warrant previous advice Of council to sane
ton the order, he directs the paper to be sent bac
| TO Mr.. Nash, with the information that he cou