Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-23
GEYERAL ASSEMBLY, or VIRGINIA.
HOUSE OF DELEGATES-SatnrGay Jan. ..
DEEERRED DER.1TE.

DEFERRED DER.3TE.
HOUSE OF DELEGATES-SatnrGay, Jan. o.
BANK OF VIRGINIA.
MIR. GREGORY said-ln rising at this late hour OF
the day to address the House upon the subject now un
der considerable he should pursue his accustomed
course and offer apology except merely to say that
he did not think he should have troubled the House al
nil but for the course which the debate had taken
He had not conceived it possible before he heard as
serted on that floor, that any gentleman could Tor mo-
nent doubt the right of that House to deliberate on the
subject now under consideration, and having the right
consider necessarily possessing the Tght 10 MAKE
known the result of their deliberations But IN all ts,
il seemed that he had been mistaken. lie thought That
when that House raised Committee to examine INTO
the affairs of the Banks Of their Commonwealth ana
referred to it various resolutions directing specihc en-
oury into abuses said to exist in the Bank OF Virginia,
that it would certainly be the duty OF the COMMITTEE
10 respond 10 the resolutions and this IT seemed he
was also mistaken, from the argument OF gentlemen
on that floor. But the Committee agreed with HIM IN
the opinion that they ought TO report and actually had
reported the result Of their labours, the shape OF
report and resolution Previous 10 the printing OF
that report however, the member from the county Of
Tyler, offered two resolutions which were by order OF
the House, together with substitute which ne offered
for them laid the table, and made the order OF the
day for Yesterday On the resolution and substitute
heinz called up Yesterday the member from the county
of Isle of Wight, offered as an amendment TO his sub
stute the resolution reported BY the COMMITTEE thus
the matter stood when the member IRON the city oil
Richmond made motion 10 indefinitely postpone the
whole subject and in speech of some length support
ed the notion and he would here say that the speech Of
the member from that city, beautiful exemp'ii-
cation of that gentlemans ability TO make the wrong
appear the better cause.
The member from the city of Richmond denied the
right 10 the Legislature TO act because lie SAID acton
was intended to influence coordinate branch of the
Government. He said that, by the Constitution the
Government had been divided into three branches Lee
pislativc Executive and Judicial aud went on TO de-
ne the powers and duties Of each and read the Opt
Mons of MIR. Jefferson and Mr. Madison TO sustain him
in his position. The member then maintained that II
the House had the undoubed right to act, that 1t was
improper it should act in the manner indicated by the
resolutions under consideration, ard went on 10 state
his reasons for that opinion He said that even admit
ting that Dr. peterborough had been guilty OF neglect
that it was owing TO his over-conhdence in the Cash
Ter and the other officers of the Banktha there could
not properly be any thing criminal beyond an over
confidence charged upon any OF them The members
from Accomac and Cumberland had taken pretty much
the same ground The member from this city con-
tended that although Dr. Brockenbroush had been
guilty Of neglect in his confidence IN the Cashier
vet that he was no cupable than the committee
of the House of the last winter which had been raised
to examine into the affairs of the Bank, and from their
confidence in the officers had reported that all was well
And he also said that each and every member OF the last
Legislature had been guilty of neglect and that every
member had done his duty the deiacaon might proba-
bly, have been sooner discovered.
lie had thus at length stated the views of those who
had preceded him, and whose views differed from his
own and he would now endeayor, in as brief man.
ner he could, TO answer the reasons urged against
action.
And first, OF the right of this House the Legsla
ture to act By the general law regulating banks pass
ed Mt session Of 1886 and 81 and the hank charter
the Executive was named and vested with the power
to appoint four persons to REPRESENT at the Board oil
Directors the interest of the State; and the power IS
reserved in the same laws 10 the Legislature to APP
point by law, five Directors, If it should thereafter
chouse Now, he contended that the right vest.
ed in the Executive no part OF the duties imposed
upon the Executive Branch Of the Government by
the Constitution and that it duty imposed on
the Executive entirely and exclusively by the Legs
lature. The Governor could refuse to exercise the
power of appointment vested in him by the law, and
vet no person could charge him with neglect or dIs-
regard of any of his constitutional duties He was the
mere agent of the Legislature in the exercise OF that
duty, and it was strange doctrine, indeed, upon that
floor after all that had been contended for in relation
to the Right of Instruction. that the agent was beyond
the reach of the principal lie had thought that the
Legislative Branch of all well regulated Governments,
deriving It's existence directly from the people, was the
proper revisionary tribunal Of The other branches 1t
was true, that in Monarchy the King could not be
restrained in any other manner by the Legislative
Branch of the Government, than by the Withholding
of supplies yet this had been resoed to with ef
feet. In Republic like theirs, where all power ema
rated from the people, and where Legislatures were
controlled by written CONSTITUTIONS, u seelneu 10 MN
clear that all subjects, affecting in any manner the in
,eress Of the people, and the management of which
they had trusted to their Representatives, was within
the proper scope Of legislative action. Then was not
this one of those subjects Was this not fund from
which portion Of the Revenue of The State ought
to be derived And being one Of the means from
which Revenue is derived, and The taxes OF the people
lessened it it be well managed he held that this Lee
gislature nor any Previous subsequent Legislature
had the. right if they should be willing to do so, TO
part with Legislative control over the subject. The
power to raise Revenue being, by the Constitution,
vested in the Legislature, well might the Legisa-
ture attempt to transfer the control of all subjects of
taxation and means of raising revenue to any other
branch or department of the Government This subject
was referred to in the commencement of the session
by the Executive in his Annual Message. The Co.
vernon speaking Of the Banks, and the defacaton in
the Virginia Bank, said: 1.-THE whole subject is one
which will demand your careful considers ration" and
he was now waiting their action, not having appointed
directors as yet. previous Legislature thought they
had the right control the agent appointed TO repre-
sent the State interest in the Bank. On the 4,h Of
January 1884, he offered resolution insructng the
State proxy to prevent the appointment of Directors
for ten days. (see House Journal page 49, The resolu-
lion was passed without any objection. Then every
body admitted the right. The Treasurer was then the
man. now the Governor was, and he would like TO
know in what the right of the Legislature to act had
changed If the Legislature had right to act and to
make its action effective, then had the representatives
of the People been guilty Of the folly of placing in the
Executive branch the Government the power ocaus
the taxes of the State to be increased whenever he