Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-06-05
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NEW ORGANIZATION OF THE EXECU.
TIVE DEPARTMENT.

Convention, the extreme clumsncss of the Exccu.
tive organization of the principal Infinite
have been the praises bestowed on Geo. Mason, for
the Virginia Constitution of 1176; yet, except
that no had the wisdom, not common i'll Rcvolu-
tons, to make as few changes in the forms of the
Constitution as the change from colonial depend
enco on Foreign Prince to Republican Indcpond
ence, would admit, ho seems to have deserved in
reality, but tythe Of the pompous plaudits he has
received 1t is obvious enough, why, when his
work VAS sought to be reformed, those who resist.
ed the attempt should endcavor to immortalizc
him, as the renown which they might succeed in
bcstowing upon the workman, was one means of
shielding his work from attack and overthrow
Throughout the Constitution which governed
Virginia from '76 to 1880, there is not an idea
which was not borrowed from the Constitution of
England; and with tho single material exception
OF the new distribution of the Executive power
the Constitution of Independent Virginia, was
neither more nor less Republican than that of the
colony of Virginia
IL has been truly observed. that the jealousy of
Executive power for which Virginia in l776 had
SO Just cause, had principal agency in modelling
the shape Which Geo. Mason gave to the new Re.
publican Executive. so paramount was this ica-
lousy as to betray the ignorance in fact, OF tho
author OF the true Representative principle of re-
sponsibiliiy, and to lead him. in attempting to guard
against too strong an Executive, to overlook it's
accountability. Postority indeed, SO well
protected against danger from that source that they
did not know nhere the Executive power was
lodged; but perhaps they would have been willing
to encounter u little danger, for the sake of an
Executive prompt and efficient, capable of doing
what is expected from the Chief Executive power
But, bad as the old arrangement was absurd as
were the principles of it's constructions; the late
Convention, the wisest body ESQ told) in
words, the weakest in action, which ever met
contrivcd to stumble upon by the
Constitution, the Executive power is vested in
Governor, but before he exercises discretionary
power he is TO require advice of the Council; by
which advice however, he is in no lrdy bound, but
may do just mhdt he pleases-thus precisely rever-
sing the old order of things and falling into the
opposite error; for as before, the Councillors
were the efficient Executive, here it is apparent
that the three. have no power whatsoever, no more
in fact, than if they paid by the State TO
perform the mummery.
This Council are entitled to Clerk to record
their advices upon what the Governor submits-and
the advising and recording the adviccs, constitute
the sum total OF the duties of Council and Clerk.
Upon organizing the Executive Department under
the New Constitution last year, the Legislature
doubtless through nudvertance) assigned salaries,
to the Clerk of the Council the Assistant Clerk of
the Council and the Copying Clerk Of the Goun-
Gil, as they had been under the Old Constitution
though there was no authority given TO the Council
under the New Constitution to appoint more than
one Clerk, which was all they had occasion for
the whole Executive business being in the hands
OF the Governor, and necessarily to be done under
his orders. Thus the Governor was left without a
single officer of the Executive Department
This palPable defect in the organization of the
Department, was remcdied by the passage of an
amendatpry act on the 18th March last, by which
the Governor is required to appoint Secretary of
the Commonwealth, it is also provided that that
officer shall be Keeper of the Seals of the State,
shall have charge OF all the records and papers of
the Executive Department, be charged with all the
clerical duties of the Department. and shall render
to the Governor in the discharge OF the Executive
business, such service as lie may require-the
State Library is also placed in his charge To
assist him in these duties the Secretary is allowed
an Assistant Clerk; and when in the opinion of the
Governor, the business shall mako it necessary to
employ coPyist. The Secretary to receive the
salary formerly allowed the Clerk of the Council.
and Librarians; his Assistant, the salary formerly
allowed the Assistant Clerk of the Council
Undor this law tho Governor appointed William
IL. Richardson, formerly Clerk of the Council Sc
cretary of the Commonwealth, and Jno. w. Plea
SAINTS formerly Assistant Clerk of the Council was
chosen Assistant Clerk; and Copyist being at all
times necessary, the Governor directed that John
b. Richardson, formerly Copying Clerk of the
Council, should be retained Copyist. The new
law divided the salary of the latter Office assign
ing 5000 of it to the Clerk Of the Council and
5000 to the Copyist The Bill was drawn by one
OF the most practical and experienced Members of
the Legislature, well perhaps better ac-
qualntcd with the details of business in all the de-
Partmonts of the State Government than any
other, and may therefore be supposed to be well
adapted to the objects for which it was intended
Before the passage of this act the Governor had
not in the Executive Department, single officer
whose services he could command in the discharge
of the business. AL had been assigned to the
Council, who have occasion for bat one. There
was no known Officer Of the Executive to whom
persons having business with that Department
might apply for Information, or through whom if
necessary, TO communicate with the Governor
who, from the nature of things, cannot bo always
III attendance there, nor do the clerical duties of
the Department. No could be more accessible
TO oil persons than the present Governor; yet a
majority o persons having business with the Exc.
cut'vc' arc averse to calling upon the Governor mo
matter who he Isl and prefer call at the Depart
ment IN Tue Capitol. at the other Public De.
pattments, when they have business.
The members Of the CouHcil can only tell what
had been submit ted TO them for advice, no, ub,,
the Executive has done; but they like to have nor
sons members Of the Ier;el,turo ,..,:,