Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-15
FOR TIE EMO UyRER

The Hon. Henry Clay. in his answer Of the 2s,h Of
March last, 10 Committee Of his friends in Norfolk 30.
9ugh,n the Ancient Dominion, uses he following remarka.
bic language, TO wit:
the "s s.i The Ph"ps that tho Of the
men, Every State in tho Union
hS and @ by The %
In u %E 00"nc being chosen By their
he under The These ara the
in the history they now and
a % o ws tSnd h., union
absolutely Incompatible "
So far as MIR. Clay speaks of other States may he al
lowed TO give such credit 10 his testimony find il EN-
titled TO, when speaking Of this State.
refer the magistrates in Virginia, to the second vol
oil the Han Benjamin Watkins L-ighs edition of the Re.
vsed Code published in 1872 page one, to the
duce into the several acts ernng the Auditor and
Treasurer TO what Mr. Leigh makes the uiror and
Treasurer their duties and responsibilities By the Ist
section, the Auditor is be appointed by the two Houses
of Assembly, and during the sessions thereof removable
ny hem at their pleasure and during the recess, the
pleasure Of the Executive. BY the I'd, 3D. 4h and Sd,
sections, and by another act Of page g. the general duties
oil the Auditor defined. From these laws il will be
seem that the Auditor is the great fiscal officer of Virginia.
and performs nearly all the Executive duties similar 10
those OF the Secretary Of the Treasury the u S. tho
Comptroller and Register He reports only 10 the
Assembly. He seIles all accounts and all monies are
paid on his warrants except his salary which il paid
OH the order OF tire Governors and the Treasurer can
no money, on any other account.
The Constitution declares, that ga Treasurer shall be
appointed annually by joint vote Of both Houses See The
l2h, Nth, 18th, 10th and l7h sections of the act first
above referred to- tor the general the
From which it will be seen, reports alone To TN.
General Assembly; and is pay money on the warrant.
o. The Auditor as above stated The 18th section declares
tendence of the Auditors and Treasurers Offices resp.c
lively, as the same are established with pow or 10
remove the Auditor for misbehavior neglect of DUTY
and TO supply any vacancy in The said office during the re-
cess OF the Assembly, subject their APPRECIATION COM
nee Of the Executive to be by them appointed shall al
so nave power and is required that proper checks may
be provided TO visit and the said Offices once in
three mon;hs at least, otener and shall report TO the
Governor IN writing under their hands the of
me same The stale OF the bucks aud papers, the said Of
noes belonging; and what changes additions shall il,
meir Judgment be proper Tor conducting the business;
which report shall be by him laid before the board and
entered IN their proceedings and thereupon il shall be
lawful Tor the Executive 10 direct such corr
changes in the business Of the said Offices they shall
deem necessary for the better conducting the same"
18th section GAN instructions by the Executive i,
Of the powers hereby vested in him shall b,
executed any law to the contrary wi,hstanding''
In ls2O, (see acts, page l2 it enacted that 'f il
msappied public money committed TO his care
il shall be the duty Of the Executive and they are here
by required forthwith TO displace him from Office and APP
point successor 10 continue in Office an
be made by the General Assembly,
1t seems by these several acts that the will of the Exc
curve over This ,money power OF government (as Mr..
Clay calls i, is declared by law, be above all law
These acts were passed under the old Constitutions when
the Governor was CONTROLLED by the advice of Council
and one Councillor; but now have Governor and
three Councillors; and il made duty OF the Cover
nor 10 see mat the laws shall be faithfully executed
According therefore, TO Mr. Clay we have union be-
tween the purse and the sword.'
Mr. Leigh notes the 18th section above referred to- as
having passed through all the revsas 1885, and the
l9h from 1892, down TO his own, in 1919 They must
therefore have been read by Mr. Clay before he lett y.
gnia, III not since.
There is noihing believe, either in The old or the
Constitution, which makes the duty of the Auditor or
Treasurer 10 report TO the Legislature. This duty is de.
cared In the same laws which provide for the removal OF
these officers, and the general supefinendence Of the
CLAW houid oil
sided report to Virginia Committee, is astonishing un.
less II he for effect in other States. o. p o.