Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-01-25

l posittn. Mir l.. thought 10 Prop sion could DC
better established than that the ailas OF barking
institution could be msnag cd ly o man, or ,et OF
men, well as by those who were perst naily in
terested in its well doing and he did not hesitate
to own that he was one Of those who believed that
| the present conncxion between the State Govern
ment and the Banks, growing out Of the interest
he'd 10y the former in their stock. was injurious
alike TO both, and that the management and con-
duct OF the affairs Of those institutions would
attain that degree of perfection of which il was in
fact susceptible, until that connexiou should be dis
solved ard The affairs o. thcss inst uOns conhded to
the care Of those, and those only, who had a per-
sonal interest in their prosperity. For one, MIR. l..
owned that the decision Of the stockholders upon
this question had great weight with him he ic-
sarded it as the decision Of those who were most
interested in the subject. and most likely TO come to
the right d, cision; OF those who, take them n
class or Individually had as keen perception Of,
and Just and proper regard for, their own inter-
ests, any other class in the community, and who,
possessing all the lights that were before this body,
would as he conceived, arrive at the right concu-
sion, with the unerring cer,anty prompted by pri-
vate interest: and such, he thought they might
we'll be weighed and deliberately considered by
that House.
Mr. l. would proceed 10 consider what he deem.
cd strong objection TO the proposed action OF tho
House, founded upon the character of the duty TO
lie performed by the Executive. The law OF the
land had conferred upon that branch OF the Govern
mcnt the power 10 appoint four directors Tor the
Bank Of Virginia, and made the exercise OF that
power duty. The appointment of those direct
ors had then been expressly msde an Executive
function. II matter Of sslaton-it did not
fall within the proper sphere Of OF that body,
but was enhraced within those limits that dehned
the appropriate powers and duties OF the Executive
What then was the proposed action OF the house
Did it not propose TO take from the Executive the
right TO eSercise ono OF its appropriate functions and
devolve il upon that Housed Was II not TO strip
from that branch of the Government one OF the few
remnants Of power and pat onase which II possess
cd, and add IL to the prcrogaves now exercised 10y
> the I.csislatnre, Mir, l.. thought that MAS the
substance and effect Of the proposed action II not
its precise form. Surely the object OF gentlemen
was to make the will of that body prevail m the
selection Of the four directors, and II the resolutions
should be agreed 10, they were as confident that
gentlemen OF n particular opinion IN reference to
the election of President of the Bank, would be
selected by the Executive, MS they would I've II they
were to lie chosen 10y themselves They confident
! ly expected that the Governor would regard the
passage OF the resolutions as peremptory lnstruc.
ton To him, and that he would CONFORM to the VIII
z of that body thus expressed. They did not sup
pose, for a moment, that he would think OF disrc-
I, ga'Gng it, Wherein then, he would ask, was the
difference between direct assumption OF the pow
er of making this appointment ey the Legislature,
and the adoption of meas ures which would letter
D and controul and determine the action OF the EN-
ecutiye in performing that Guty7 MI l.. looked TO
the substance, the form of tbings; and, viewed
in that pett, he could not but regard the propos
n cd action of the House es palpHblc and CANCER
I Gus encroachmcnt upon tie appropriate power and
= functions Of another branch OF the Government.-
Or if not in fac aItomp: 10 take from the
Executive the authority otmakns the apo ntmeni,
and itself 10 assume 1t, at The least 1t was an at
tempt TO interfere aad eNeit an influence with the
= Executive, in his regular discharge Of that duty
Viewed in either light, i, was equally oblsetiona
bic to Mr. L. and shou receive, he thought, no Ia
vor with The House.
!, Mir. l.. did not think il necessary TO detain the
House Nv dwelling at length upon The inn ottance
OF keepug the several co-or6i ate branches OF the
Government within their appropriate spheres OF "e-
ton, and arTeStng at the threshold any aud every
attempt the part Of either To cncrolch uHon the
proper powers, functions and duties of the o,hers,
interfere with them in their regular and arpTo-
PIRATE action. This principle lay AT the ioundlion
of all fee governments, and the maxim 10y wh eh It
incu' Gated had rec me as ZANZIBAR as household
II words. Ii could receive acdi'ional illustration
II from any thing tina. he could say, nor did he deem Il
necessary 10 quoe IN It's support the authority OF the
c many ssges by whCm lis truth had been asserted.
: And hatCver gentlemen might think OF the state
{ of things in the General Governmen.--alIhough
= they might believe that in 1t the Executive the
: branch which was too rapidly increasing in strength,
y and demanded some check upon ITS further growth,
"a subject MIR. L. would not then dlScuSS) certainly
= he thought they would agree that, IN the Govern
ment OF that State, the tendency was 10 the oorcen-
lration of all power IN the Legislative department.
II II was the branch which most threatened to en-
. croach upon the other departments al tie Govern
II ment. ard 10 become the Aaton's rod which TO
lie absorb AID swallow up al! the rest. The gentle.
n man from Tyler (Mr s. had given the House an
- inmaiion Of the extent 10 which lis power and M
T. fuence should ne stretched upon the subject which
&c now engages their delbeGati0ns-iEe appointment
of Directors Of the Bank. Not content with assert
ing claim behalf OF the Legislature las he did in
% the four i'',nns) TO contro! the selection OF
q S. 10 be appointed on the part Oi the
tension, that the stockH0 usIs, e- SeletcorlO5are
hve directors to he ehoaeD their part, should
suit the WISHES OF the Legislature, AT least pay de-
. ference 10 lis will Certainly, that Ihe lair and
inevitable dej Icton from his proposition that the
stockholders we're in duty bound to forbear action
upon the subject tll the Legislature had come to
decision, and that they had erred in proceeding TO
make an election Of dIeciors before that body lad
decided whether directors should be chDse. y lh a
veg 10 prevent or to promote the election OF Dr.
, u. Surely that idea was founded IN error. Ger
thny, the action OF the stockholders upon that sub
Iect was and OF right ought De- free and independ-
ent OF any legislative or other influence Whatsoever
save that o. their own deliberate judgment and
sound discretion.
Mr.. l.. SAID II vas no answer 10 the argument,
hnt that body in taking the proposed action as en-.
croaching upon the rights Of another branch of the
Gove.nmcnt, 10 say, that the Legislature had re-
served 10 itself the right, fit paper, 10 proviGe
by law for The appointment Of FIVE instead Of four of
tie Directors, 10 be made by the Executive, or in
such other manner rs the Legislature fni.h, pre-
scribe. That connected; bat the LEGISLATURE
having Conferred the appointing power upon tie
Executive, It became, 10 all intenis and purposes an
Executive function, the exercise Of which Should not
1 he DIE uTbed or attempted 10 he influenced By any
by ia~ 10 appoint various other funconaries IN the
Government; butihe Legislature Ia many inttances
ooud repeal the acts cse1tIng such fDnctonlres Or
could provide 10 some other way lJr their appont.
inen'; yet had 1t ever before tecn1ontsniet tina,
: while such m act remained IN force while the pow
| er oi making The appointment under T. was vested
N the Executive, aud while is exercise was purely
and properly nn Executive function Il was CONNIE
tent Tor The Legislature 10 step forward ard BY n.
'i'ect ret m making u. Itself relieve the Executive
ifom Ae duty and take from him tie rover To
make The appointment; OF which was almost tanta-
noun, undertake. TO lnsiruci him how to n axe IN.
appointment IL tie Legislature coad deal thus
"ilh the Executive BIanch Of tie Government. #
u cJulh ihus take upon rise powers and duties ey-
/ rTessiy contdts 10 tnat Department or could mo.
pery bring 10 influence u bear upon the after IN
It's exercise Of power conferred by itself then n
night, also, without Improperly, take tie zane
course IN reference TO the other Dsplrment Of the
| Goyernmert-ihe Judiciary. Various acts d A.. |
semOiy 60 dSrfed Divers duties upon the Judges 10
he pe'i1Tmtd by ,heln IN the regular di.rh1,y, ~
th"ir "fhcaI functions. But SJch acts Of AssembIv
might Re repealed, and the duties imnsed bv Them
Te"'Ned, and the powers Necessary 70 the pe,Cor.
! nance q th2se duties taken away. Could tbe e
gisatufe for ihai feason, While such acts remained IN
ofce proceed TO The exercise % such mowers tssCo,
cDud ~ with any propucy, undertake " n.'fuct or
othef"isc influence Judge ~ the discharge OF sic
duty, and the exercise ofthe necessary powef1 Tic
Z j u0mFg gf tic kurert.r -