Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-26
GENERAL ASSEMBLY OF VIRGINIA.
HOUSE OF DELEGATES-Sa Saturday, Jan. Q.
RANK Of VIRGINIA
DEFERRED DEBATE.

HOUSE OF DELEGATES-Sat Saturday, Jan ?.
BANK OF VIRGINIA
Mr.. IRVING said, that before he proceeded to the
discussion Of the Resolutions upon tine table, he beg
ged leave remark that iii relation TO that banetul IN
uence, which, according to the argument OF the gen
teman from Tyler, had, from the commencement OF
these proceedings e1erted 50 potent sway over the
debe raons Of this ousc-that not having been with
in the mario circle OF that inhucncenot having felt
lis bewtchiug spell-he did not pretend to say how
far that influence had been exerted or what had been
its effects-that question he lett entirely TO the
gentleman from Tyler But this he would say, IN JUS
tce to the citizens Of Richmond that so Tar his know
ledge extended improper Influence had been either
exerted attempted, relation TO the subject under
the consideration of the House But whilst the gen.
teman deprecates such emphatic terms, the central
influence before alluded to, be ought TO recoect, that
there is another Influence which both ne Knows and
which know will have an equal and opposite effect
on the discussion OF this oueston-that the eGT cf
being thought 10 be under that influence For himself
he was under neither influence But Ge meant TO DIS
charge his duty according to what he be!eved due HIM
self and To his constituents.
Having disposed Of this preliminary ma.,er-unnc-
cess,rily he conceived, introduced INTO the Discus
zion OF this questionable would proceed 10 the reso-
lu:ions before the House. By the act Of 1877, 9th Sec
ton is provided hat the real and personal estate,
business property funds and prude nal concerns oil
the said Bank, and the administration OF ITS affairs,
shall be under the direction, management and control
of Board Of nine Directors al The Principal Bank,
former and three the latter shall be appointed by the
Executive on behalf the Commonwealth.
Now by the Resolutions of the gentleman from
Tyler IL is proposed, that the Governor OF this Com
Inonweaith be requested 70 appoint such Individuals as
Directors os the Bank Of Virginia will vote against
The election Of John Brockenbrough, President
OF said Bank shall maintain that this resolution, Vt
il have any effect Whatever, is direct encroach-
NE nj upon the Executive Department OF this Govern
Ioent as well Us infringement Of the rights OF the
bnid in Snd Rank If there princjD!e
more clearly established in our political system-ii
there is any principle that is morely deeply Embedded
IN our institutions than any other, II IS The principle Of
the separation of the three Departments OF The Co.
vernmcnt.
We find that the trainers Of State Constitution
adopted the Bill of Rights, in which We find an ac
Acknowledgement Of this principle. We lind, further
that they have engraed in that instrument an expires:
provision that the Legisa,ivc, the Executive and the
Judicial departments should be kept separate and dis
tnct so that neither should exercise the powers pro-
perly belonging TO either Of the others Now, IN the
teeth Of these express PROVISIONS The resolutions OF
the gentleman from Tyler propose to direct the Execu
tive Of this Commonwealth III the execution OF duty
expressly conferred on him BY the law-iha is the ap
pointment of the Directors the part Of the State
Now III be proper for the Legislature either to direct
Interfere any manner with the discharge OF Tue
duties of the Executive, will gentlemen be pleased to in
form me with what duty, whether conferred By the Con
sttution by the law upon the Governor of this Com
nonwealth that may not be inertred with and control
led BIZ the Legislative Department. Lett he supposed
that an individual who for cause, may be obnox-
ous to the Legislature should be recommended 10 the
Executive of the State proper and ht person for
the Shertfaty Of the county, submit whether reso-
luton introduced this House, for the purpose
o. advising the Executive to the appointment or
rejection of the nominee, would be entertained for one
moment by this House, Would not such resolution
he regarded rs insulting and contemptuons inter-
u,eddlinr with the duties Of the Executivc' Would
not every member Of this House hold it to be an at
tempt to assume the control of powers not conferred
by the Constitution the laws Of the land: Again
take the case of claim of citizen against the Com
monweath the decision of which is by the law de-
yolyed on the Executive, (ana there are many such
laws) what would be thought OF proposition TO advise,
direct or request the Executive, either to allow or DIS
allow the claim Take another insance-not under
State Constitutions but under the Constitution oil
the United States By that Constitution, the President
has the power to appoint all public Ministers and Am
bassadors, and let us suppose resolution brought BE-
fore the House OF Representatives Congress, request
ing the Presden. of The Y. s. to appoint individuals
holding particular opinions 10 office, humbly appre-
bend that there would be little to believe that
such resolution could al any time under any cIrcum
stances receive the support of any member OF that bo
DIV He would ask whether appointment of the four
Directors on the part of the Senate clearly
vested in the Executive Of this Common by the
charter of the Banks the appointment of public Mi
nsters and Ambassadors is by the Constitution vest
ed in the President of the United Staes One more IL
lust.aon on this branch OF the subject: The House
will perceive THAT BY the clause of our State Consu
ton before cited, the judicial department of the Go
vernment is expressly protected from the control of
either of the other departments ask OF gentlemen
whether resolution requesting the Judge OF the Cir
cult Court of Richmond to proceed instantly to the
trial and condemnation of Benz. W. Green, The indi-
sdua who is supposed chiefly to have prohtted by the
dedication which has given rise to this proceeding,
yould not be equally proper as the resolution under
considerations resolution fthis character would be
considered as improper and absurd Why: because it