Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-06


and duties expressly confded to that Department. OF
could properly bring its influence 10 bear upon ',!e
latter in lis exercise OF power conferred " 'se''
then it might ALSO without improperly, 'ake .ie sI'e
course in reference 10 the other Department OF e
v,rnment-the Judiciary. Various acts OF Assembly,
conferred vers duties upon the Judges, TO be per
formed BY them in the regular discharge Of heir o
cial functions. Bnt such acts Of Assembly W'9h' oe
repealcd and the duties imposed By them reiii'eo anu
the mowers 10 the performance Of tsose oue
taken oway Could the Legislature Tor that rcasoh
while such acts remained in force, proceed TO the eAe'
orsuch powers tself-or could It, with any proprie
~ undertake 10 instruct otherwise influence
in the discharge of such duty, and the exercise OF inc
necessary power The Judges Of the Superior courts
authorized BY law to appoint attorneys to prosecute
far The in their respective courts so also
they we're authorized by provision IN the "aN
Inr law appoint receivers or trustees VI Tux
the Banks in certain Would 1t be argued lha De-
cause The legislature could provide for different mode
NJ apnontment of prosecuting attorneys or OF such re-
ce;vrrs il could while the existing laws renamed IN
force take from the judges the power OF making those
,pnonn,ens and actually make them itself, or could
with proprciy undertake 10 instruct Judge, what man
ner OF man he should appoint, the one or the oher OF
otherwise bring its influence 10 bear upon hum IN the DIS
cbarre of that duty MIR. l.. thought such position
would not be taken by any gentleman-it was too
obviously and plainly nntenable Yet, wherein, he
would ask was the difference between that and the
nroposition in effect asserted by the resolutions under
III
teriere with the Executive in its regular exercise oil
the power of making particular appointment because
that power vas conferred by act of Assembly, which II
could al any time modify repeal, so also might It IN
tcrfrc with judicial officer in the exercise of siin
lar power conferred in similar manner. Gentlemen
would surely the danger OF the principle lcy were
seeking 10 establish.
Mr. Lee said there was another objection TO the pro-
posed action BY this House, which he thought entitled
10 great weight lie conceived that it would he vlo
laon Of the pledged faith of the Legislature ana an
of the charter of the Bank The stockold
ers of the Bank of Virginia had the option given them
to accept the provisions of the banking law or TO re-
iect them In deciding that question, itmay have been
a very material consideration with them, how, or III
what mode, provision made for the appointment
of the four Directors 10 be appointed on the part OF the
State. II may have been, and no doubt was, an I'M
portant matter with them, that the power OF selecting
these four Directors should be conded to sale and
competent hands. They were TO participate largely
in the cement Of an institution III WHICH their m
tcrests were embarked and of 1t important
to them that they should be competent and skllfu
and that they should be selected with reference TO their
qualifications aloncwithou regard 10 any extrancous
consdc ration circumstance whatsoever. By the
provisions OF tins law It seen that the appoint
ment Of these four Directors cunfdcd 10 the
Execu,iye-and the stockholders may well have been
willing to accept the provisions OF this act with this
appointing power thus bestowed, while they would
have been very unwilling 10 accept them If It had
been confded TO incompetent hands, or even had
been reserved to he exercised by political body,
constituted ike the Legislature. Could gentlemen
know that the Stockholders would have accepted
them il the appointment Of these four directors had
been reserved be made by vote of that body if they
could have orcseen, that although the appointing pow
or had been condcd solely and exclusively 10 the En-
ccutiye vet that the Legislature could would, al
any time bring its influence TO bear upon that iunc.
tionary in the discharge Of that duty, and dictate to
HIM what manner Of men he should appoint: Mr..
Lee thought there were several obvious reasons why
the stockholders may have been wiling to accept the
provisions If the act with the power OF appointing the
four State directors conferred upon the Chef Aags-
traie OF the Commonwealth to b. exercised according to
his own unbiased Judgment and discretion, with the
advice of the Council of State, while they might not
had this power been reserved to be made by the Legsa
ture directly indirectly according TO lis will and die
taton but MIR Lee would not detan the House by dwell
ing upon them.
Ii was true, Mr. Lee said, that gentlemen had argued
this question IT the power OF the Legislature were
extremely ample and comprehensive. Their argument
directly up to the track, and appeared to assume
as a general proposition that the power which made
can also unnahc; that the hands of one Legislature
were not 10 be bound by those Of preceding one,
and that rights conferred by act OF law, were yet
liable b. taken assay by subsequent acts; IN short
t:lat the doctrine Of what is known vested rights
vas laacous and ununnded. From This PROPOSE
ton Mr. Lee wholly dssencd, and he must deem any
argument unsound which required that this should
be predcacd for lis support, or which cGltimaiey ol
lowed out led 10 this result AID here Mr. Lee SAID
he would BE-. leave briefly 10 notice IN argument or IA
,hcr an appeal oil the gentleman from Tyler (Ar. Ste
;,.cnsonl 10 the fears Of members that loor-thc
threat made BY that gentleman the raw head and bloc
dv bones held M IN tcrrorcn 81 removal OF the Cap-
to from Richmond, because of the undue and improper
influence cxcrtcd IN the deliberations OF that body ~
Tie inhabitants of that devoted city Mr.. Lee regret
ted that tins argument Or rather menace had been
used BY his friend from Tyler, upon that occasion lie
was sure il escaped hun in the heat of debate and that
would receive the appreciation OF ms dispassiol'
ale Judgment. Time was when It might have prodI-
ced some sensation in that body, and almost frightened
members from their proprety; but that day had long
since gone by II had lost all potency either for good
or Tor evil Frequency Of had dsarmed OF all liz
terrcrs, and what may have excited dread, now
only provoked smile. And as TO the undue and I'M
proper influence of the citizens OF Richmond III the
deliberations Of that body, which seemed 10 haunt the
Imagination of the gentleman from Tyler Mr. l."" ut
teri; dsbciicyrd in It's existence lie thought IL
mere phantom fitting across The BRAIN OF genl!rEicn
hut winch vanished intp thin air, whenever they would
bring their reason and Judgment TO bear upon H. Air
L. had had no great experience a member nj that
hGag hat during The time he had held seat upon ulat
floor although lie had frequently heard allusion 10 w.
he had been unable TO appreciate lis force or even de-
tect its existence and he verify believed that more had
been effected in that body by illusions to the supposed
existence OF such improper Influence, and disposition
hwart its operaton than Whatever lnilnence the CT
tzcns of Richmond did possess, had been able to
accomplish Mr. l.. believed indeed, that Richmond
did possess certain degree of influence with the mem
beers o that body, but II that, and that only he con-
cciyrd, which generous and refined hospitality ever
would exert upon the minds of gentlemen; and he felt
assured that the members of that body would agree
with him. that such influence that could neither
be baeful and mlasn, or undue and improper.
With regard this doctrine Of the easy revocation
of rights and powers conferred by act Of Assembly,
according the good Will and pleasure OF the LcE'sia-
urc and its sound dscreton and also this threaten
ed measure Of removal fthe Capitol from Richmond,
Mr. l.. would make remark passan as to both
He would express his surprise at the quarter from
which they had emanated Formerly, that doctrine
was regarded Loco Foco hrresy, the offspring Of
,horoug paced Radica;sm; and this measure Of re.
moving the Capitol as the ebuon OF Loco Foco
rage. But
Tempora et mut1m,r i'll ills;
and what had been formerly rcpudated rs Democratic
heresv seems now TO have become sound Wing doc
trne. and measure heretofore condemned as the out
pouring of Democratic bile, appears now TO meet the
appreciation OF the gentleman from Tyler, who had lew