Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-06-22

|
('"o"gh Go not remember one) have been called
ON 10 take minutes of adyiccs for tho use of the
N"et clerk. When that change took place, the
no" secretary ct the Commonwealth politely of.
Srr" I" continue TO discharge the duties of Clerk
oi the Council without emoirmept. till an appu;n,
men' should be made The delay in maxi ing the
aprontment no doubt rendered the performance
" nose duties ut length irks,me amd nconven
e"' yond what had been expected, and for some
weeks before 1t was made, tl,at officer ceased his
attendance ut the Board, Ga Circumstance which
40 not mention at all in compaint.) Ills bro
ther MIR j. u. Il. attended for some DAYS as pre-.
s,."eu IN ms place, and occasionally made minutes
OF atvce-but so soon rs took up the impression
'nat inns was to be regular thing, (though felt
oo"geo by the voluntary offer of services which
were not to be remuncrated) perceived the i'm.
propr'ety OF recognizing him as the proper a,ten-
GIANT ON the Board, and declining to- accept further
ms services: Il (tlough at that time contemp ateG
voting tor him tor the otice) thence forward made
myself the minutes of advice without the attend.
ance or aid OF any clerk whatever. Who
muicated the advices tn the Governor during this
time, cannot say positively, but do say that
TINS duty ought tn have been performed by
the Secretary of the Commonw ealth; that he
was the only recognized organ of communica.
tion; and that l have no reason to believe
that the duty performed by any other person.
No registration of advices, believe made
after the charge, till Mr.. Swann's appointment If
therefore the duties of the Office have been
performed by Mr.. j. ID. X. further than to the
slight extent mentioned, nave been entirely ig.
norant OF the fact. To that extent it afforded no
experience ofthe least value, nor formed any ground
OF claim to the appointment
Ono further remark, and remit tho whole sub
Ject to the common sense and justice of the com
muniy.
1t is attempted to excite public reprobation Of
tnis act OF the council by charging it to have been
against the expectation of the Legislature, their
| general wish," and general understanding
| Whnt the fact was do not know lido know
Ina. never heard OF any such general wish or I'M
aersta nding do not believe that the members of
| the Legislature generally had thought on the sub
Ject. hut L do believe, if they had, 90 i'm 100
would have considered the council competent to
make suitable appointment of their clerk, or,
NJ least, have been sensible ofthe ndelcacy of any
lhteriercnce on their part. Had it been otherwise
| had ninety nine in ono hundred of that body,
gong beyond their proper province, have invaded
that OF the Council and interfered in the appoint.
nent ct its own exclusive and confidential officer
L trust should have been found incapablc of that
subserviency of spirit, which would recommend
submission TO such dctation-and have indicated
the free and independent exercise of my own right
| of choice.
| have acquitted myself of my dut to the COM
munity and myself by putting them in possession
OF the full and exact truth, both as to fact and
motivc' IN respect to this most exaggerated and
distorted transaction. What / did, would again
do. In my place, and under my impressions of the
qualifications of the individuals, every honest and
independent man must have done the same.
WYNDHAM ROBERTSON.
| CoMMENrAnr.-Before noticing any thing which
more particularly concerns ourselves we beg leave
| IN very bicf way, to say a word in replication TO
some OF the Councillors statements; and this we
DO with dthdence, as surely it must be admitted,
that a Member of the Council ought to know much
better than We all and singular that has relation TO
that Department. This do admit; nevertheless,
1t sometimes happens, that in the defence of an act
which he has done, and the propriety of which
| hava nd h.
wiscst may be betrayed by selElove into error of
fact or inference. 1t is possible, that such may
be the case with the Councillor. We acknowledge
1t to be bold presumption, but we are contenied
to leave it to the Public to decide between u.s.
MIR. Robertson says-'The contrast that has been
SO lngeniously drawn between the modes OF trans.
acting business in the Executive under its former
and present organization the Public will be sur
prsed to learn is founded in entire msapprehcnsion
! or ignorance, of tho practice of the Department
10 Whatever extent it may be theoretically true,
tnat before the passage of this Uhe latc) act the
Governor had not in the Executive Department a
single officer whose services he could command
In the discharge o. the business &C.; yet in prac
ttce, the Clerk OF that Department was charged
with all the clerical business of the Department.
&c.
In reply we must observe respectfully and de-.
erentally, that that Contrast" was founded neither
upon 'misapprchension" IGNORANCE" We
refer Mr.. Robertson TO the act of 1S31-page 81
The new Council under the revised Constitutions
| appointed the three Clerks the the old Council
had always DONE How then had the Governor
controul over any either of them' And, the
CHEF Executive power being in him, how and by
whom, was their Clerk charged with all the cleri
cal business and bound to execute i'll He was not
so charged. He could not be charged with it by
the Council, for it is not their business and tho
Governor had no right TO charge him with it. !e
Sir. Robertson means that the Clerk of the Coun
cal before the passage of the law of the last session
performed as far as practicable, most of the duties
now assigned to. the Secretary of tho Common.
wealth. that as different affair, and is readily adj
mitted. But why did he do so? From courtesy
and a sense OF moral obligation. Mr. Robertson is
too good a lawyer to contend that he was under
any legal rcqusition to do so. Will that gentle
man pretend that there is any propricty or fitness
las Philosopher Square would saw in making the
Governor who is vested with the Executive mower.
and charged by the Constitution with tho execution
the laws, dependant upon Clerks appointed bv The
Council, for the execution of his oncrous and respsn
oip,v uutles? Is it reasonable that nc should nave
TO rely for that without wh;eh &so pr5lc business
could not be Perfor1IeA, pom the courtesy or ca.
price of the eotnoil " its C,erks7 1t is notorious,
thu: in no DcpaRss0cnt of the Government, was tho
business done than in the old Executive.
1hete %rs a want of efficient organization especial
IL ia the Clerical Department. 1t was to remedy
this that the law of the last session was passed;
law which it was currently known at the time, re-