Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-11

major and to exercise their authority over HIM, ci.hcr
by instructions refusing TO re.clect nm; pul y
talked about expressing an opinion 'hat rfes'ue. ~
Bank should be turned out, this was inons'fous
abnsa of mower This was exceedingly surprising 10
those who happened TO possess any sort OF
of the history of the general bank law, ana was a'
under which their powers were derived. Ne was nv,
when that law passed. and he knew, IN respect l" at
law that if The most complete and absolute controi was
mn, reserved to the Legislature over tie banking III,
situations Of the State, 1t was because MS i,'enu
from Isle of Wight and the great majority he'e'
and another gentleman Of the same name eise",,ie'
could not find words TO reserve that CONTROL i'!'y
had not only reserved that power IN the section
they had heard read and which he woulo no.
detain the House by reading again, but every pro-
vision looked that absolute and almost pouhoess
law missed flor although the other law passed altered
il the decision of the House had been eSPfessed tal
The whole surplus revenue which ihey were 10 re-
ceve land which was expected 10 De ,h.i'ol ioiel
should be invested in the Banks ihis question
of the legislative control Of the banks was discussed
over and over again, and he, himself, remember
ed VOTING for the provso reserving TO them the
power of appointing majority OF DIRECTORS. lie
voted with the mass Of the opposite party 10 give To
the Legislature, when 1T might see cause 10 exercise
the mower the right appoint five OF the Directors Tor
The narent Bank and four for the branches That pow
or WAS reserved 10 the Legislature and they might take
il away from the Governor and exercise II themselves
f ,hev thought proper. 1t said in debate that
Of, 70 of
cessnrv for the House take the power into its
hands and to confer it upon its Committee Banks,
or that they might appoint special Commissioners to
exercise that power and the section was so worded
as most explicitly to this power TO the Legisa-
ture.
There was neither violation of charter Of law in
the power which they claimed Ii was in vain TO say
that the Stockholders might not have accepted the
charter, had they been given to understand that the
House could interfere in its concerns; they accepted
81. .luI
themselves full power 10 control all these in
stutons.
Now, suppose the gentleman from Tyler had, on the
first day of the session, moved resolution to the fol-
lowing effect:
Pesoicsd, That the heavy loss which has been
tanned in the funds of the Bank of Virginia, from the
long contn ned neglect of the chief officers, renders
necessary to change the administration OF such bank
and, therefore, that the Committee on Banks be IN
sructed to take the necessary steps to secure the ap
pontment of five Directors to the principal Bank for
lS4l.
Would such resolution as that have assumed pow
or which the House might not rshtully exercise, and
which they did not truly possess And yet, II that re-
solution had been offered would have led directly to
the result-more certainly 10 the result which the COM
mittee now sought to bring about by the course pur
sued. The argument then would amount to thus; that
the Legislature had the power to take TO itself d.
rectly and uncontroably the power of appointing .
Directors the majority Of the body charged with the
power Of eecting the President Of that institution
Bnt that if the Legislature, not taking the power 10 IT.
self should venture to express an opinion that there
should be change, why them the expression OF tha
opinion indrccon, was unlawful, was usurpaton
He put the question 10 the common sense, not to the
technical learning, but TO the common sense OF That
House and Of the plain common sense men whom they
represented, whether when the Legislature reserved
10 itself the power of appointing Directors and there
by to change the President that they did not 10
themselves the power 10 express an opinion that an IN
faithful President might be removed? lie did not
think there would be many answers in the negative
beyond certain limits which he did not specify.
If this doctrine correct if they could aot in
ation 10 the management or mlsmanagcment OF their
property, of the funds of the people, express OPT
Mon, where they 10 draw the line +: where it
ends would they have right to direct storckcepcr
of the Penentiary; there any officer low under
their government, interested in any way in the manage
ment of the affairs of the people, whose agency they
could control without It's being prescription persecu
ton and illegal If they could not act in this way in
the Bank case, there any officer, the Supernend-
ent of the Public Buildings any body else, whose
power they could presume 10 control by the expression
OF their opinion; He confessed he did not where
the doctrine 10 stop lie regarded the Executive,
in this case nothing more or less than the agent or
commissioner make the election appointment Of
directors on the part of the Stne in the Bank Of V-
GINA But if it he regarded the exclusive duty Of
the Governor; If this act be considered as belonging
exclusively to the Executive, one Of lis powers or
duties under the Constitution, he would still say that
the representatives of the people might express and
GU gh, 10 express opinion in the management Of
large fund.- provided combination Of circumstances,
such as xsted in this case, rendered necessary and
proper so to do.
They had heard great many arguments, and much
speclous defamation, funded the principle that
the Legislative, Judicial and Executive functions
should be kept thoroughly distinct and separate. 1t
beautiful theory certainly, but what was the fact
They elected the Governor; they elected his consi
tu,ona advisers they appointed the very persons to
control and influence the acts OF the Executive; and
vet we cannot express an opinion about Of those
acts Suppose that in the election ola Councillor to
take place shortly, it was understood that the present
incumbent had advised the Governor to continue the
present President the Bank Of Virginia, and that the
Legislature wished 10 shew its disapprobation Of that
course he would like to know whether they could not
proceed 10 the election Of another person, and if the
former incumbent defeated, whether the Lcglsla
tive and Executive functions were kept distinct and
whether such course pursued by The Legislature
would be usurpation and tyranny:-1hey might be
told that if you turn him out of the council you would
innct stain upon his honor and il the object to
reach the conduct fthe Executive It was usurpatlon
if 10 reach the administration OF the Bank tyranny.
lie had thus far treated the question mere mat
ter Of propriey with reference only to the pccunlary
interest the State had in the banking institutions,
amounting to one million three hundred and odd thou
sand dollars There were, however, other consdera
tons of prominent nature to be considered. This bank
manly contributed to furnish large portion Of The
currency oil TINS commonwealth, Rouse fau
thorzed il TO perform the most important fnnconS the
received in payment of all public dues; they
had certain extent, 10 which he yielded his scru-
pies made these notes sort of individual tender Tor
The paymen debts; the bank connected with the
other banking institutions that they must stand fall
together; and all the circulating medium Of tie country
all the money possessed by the people, depended part
upon the management of these institutions When that
House had granted all powers, involving such cxlcn
sve interests of the people as well as the Banks Of the
State and when they found aconrsr Of conduct pursu
ed of them calculated 10 destroy the institution
and seriously njuring the others and the people al
large would they fold their arms and say that their lofty
sensbtcs, their refined feelings, their conscientious
scruples put it out of their power TO stop the progress
Of the tremendous mischics that from
ma ia cement Were the members OF that House prcpa-
red hold such language to their constituents Were
hey prepared tell them that allho they the mis-
chef impending; although their eyes open 10 the
which must follow from such course yet that they
had constitutional scrupes, that they were afraid Of