Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-12
to be SO exercised as to prevent the reelection of the

ponement OF the resolutions just read lie woulu say,
in the outset, that when few days ago he resisted
| taking them up he stated the reasons which led him
to adopt that course, to be- in the first placc-a desire
to the time of that House, and secondly, that tue
proposed course of action without The legitimate
sphere ofegslave action and ought not TO be ehterea
upon by that body. He had expressed preference,
individually that the subject should be canvassed IN
all its bearings, thinking due TO the character oil those
whose conduct had been commented upon ana impcac-
ed by the action of that House, that they should be
heard in their defence, in manner rs public as That
in which the accusations had been made As the report
of the Committee had been made public, and every
proceeding connected with the matter it seemed to him
desirable that the whole question, and every thing in
yoyed Herewith should up for discussion in that
| House. and should thus pass to the country-And Us
the House had ntmated it's desire that the subject
should be gone fully into he had submitted the motion
to postpone indefinitely, in order to throw open, as
wide as possible, the door of debate This motion
would open the whole subject 1t would enable
members TO view it in all of its aspects, in every
light aud shade to comment upon all its facts
and it would offer TO every one the opportunity he
might desire, Of expressing his views on this inter-
estng public question The motion "indefnitely TO
postpone" was too, peculiarly appropriate, because
amongst the which he should urge against
the resolution, would stand, prominently forward,
the argument that the proposed action of the Honse
wis itself irregular, and not within the competency of
that body. He did not for moment wish to derogae
from the right and duty of that House to look into all
public abuses of every kind whatever where great pub
interests concerned.
their duty to enquire into the operation and manage
of public institutions, land there many modes
of action deducible from those inquiries which they
might adopt, although he would not waste the time of
the House in pointing such ont 1t did not however, fol-
low that because the House had right to enquire they
had the RIGHT to convct-t did not follow that be-
they had the right to enquire, 1t autho
rised justified any action the merits OF the question
inquired into, and he nstanced the case oil The Examn
ing Court, which though empowered to inquire, pos
| cd noa Nha cOnylct.-Wa
the House TO define the proper limits OF lis own power
or were they TO be guided by the Constitution: was
portion of the Government to usurp the functions
Of another? Were the members OF that House, COM
moment mart only of the Government to concentrate all
! power in their own hands: The question now before
the House. Invested of all obscurity, the simple
one whether the power of the State should be used by
this House so as to the President of the Bank
of Virginia. and of the resolutions that had been
offered the Governor requested TO use his pow
err as that the State Directors should he obliged to vote
aoainst the re-appointment of that gentleman All the
power that that House legmaely possessed was 10 be
exered TO effect such removal and he would now put the
simple question, whether they had right SO 10 act
whether was competent for that body to take such
course?-whether it within It's constitutional
sphere of right in any way TO interfere IN this mat
erto attempt TO exercise power Which was express
v conferred upon the Executive? He did not how
| there could be two opinions upon that subject. BY
the Constitution, the Government was divided INTO
three departments with functions separate and distinct
expressly enioned not TO do any thing cncroaching
on the powers of the others What was their attempt
ed course OF action the question then before the
House: By the law of the land, the Governor was
invested with the right and duty to appoint on the
part of the Commonwealth certain number OF Direc-
tors for the Bank of Virginia. The right reserv-
cd expressly exclusively by the law 10 the Govern
or Could tie power of that House be exercised to de-
feat control the operation Of the laws oil the iana;
was it well that The power Of that House should be
used in controlling the Governor in the performance
of duty thus delegated to him by the laws? II that
doctrine would hold good with the Executive, it would
hold equally good with the Judiciary and that House
might proceed TO control the Executive, the Judlca-
nv, and every other Department Of the Government
He would beg the House not TO dismiss this subject too
readily from their nnds-he would have them look that
the powers which they disposed to exercise were
right and Just, and, although, it direction 10 the
mind most unpalatabe to fix limit 10 its own powers,
yet he trusted that the House would not come 10 the
conclusion that it could do whatever pleascd that It's
power was without limits other than its will. That
| House was House of limited powers It could no
egitimatey tread out Of its proper bounds and
encroach upon the Executive or Judiciary, than
that either OF those branches could infringe upon the
rights of that House This assumption OF power on
the part of the representatives of the people the
danger the most to be dreaded in their government
1t evil against which all the soundest Republ-
cans all the best constitutional writers of their country,
all the truest patriots and wisest men had uniformly
raised their voices Mr.. jefferson had urged the ne
cessity strengthen the Executive 10 protect IT.
SELF and the people against the concentration OF all
power in the Legislative branch ofthe Government-He
had complained strong terms of the disposition OF the
Legislature under the old Constitution 10 encroach
the other department of the Government and had said
that the direction of the Executive during the whole
period Of its sessions was becoming habitua and am-
liar
The course now proposed TO be pursued, not only
involved the direction of the Executive but involved
essentially the exercise at the moment OF powers
at once Legislative, Executive and Judicial. He i'm
u. L.. cY,Nh 10
against such abuse Of power by the legislature, that
all eminent statesmen had raised their voices Mr.
Jefferson had said"Al the powers Legislative, Exc
cutive and Judiciary result to the Legislative body.
The concentration of these, the same hands, pre-
cisely the definition Of despotic Government II will
be alienation that these powers will be exercised
by plurality of hands, and not BY single one One
hundred and seventythree despots would surely be as
oppressive as one" Mr.. Madison had expressed him
self in these terms No political truth of greater
intrinsic value is stamped with the authority gilmore
enlightened patrons of liberty than that on which the
objection is founded. The accumulation Of all powers
Legislative Executive and Judcia in the hands,
whether of one few many, and whether hereditary
selEapponed elected, may Justly be pronounced the
very definition of tyranny" He would quote also the
opinion of MIR. Monroe, opinions bearing the most d.
rect and immediate reference to the acton then sought
10 be pursued by the House. and he desired TO present
to the view of gentlemen in the hope that it might in
dnce them pause and reflect before taking OBJ
noxous to the spirit of their constituton-1hat dIsn-
guished statesman said"l admit most fully that the I'M
qualified of the three great powers of Go
vernment in body especially in one person, gives
it The character ola despotsm Ifthesc powers meet in
Monarch who is hereditary, and responsible to nobody
that Monarch is despot and the people are his slaves
But there is another aspect Of the subject If these
.hree powers united in General Assembly of the
people, as in the ancient Republics, though the Co
yernmeut is not despotic, yet the consequences are
equally fatal and worse than in the other case
All things thrown into confuson; there is no
security for property any thing else Life itself
not safe. Some popular leader gets the control and
makes himself despot In either of these instances,
the concurrence of the three powers produces des.
potism."
elbow can they cncroach each other How can
the Governor interfere with the power of the Legsa-
ture, or the Legislature with the Execuiive' Common
sense itself is barrier. The difference of their
duties that of the being to make the laws and that
Of the other execute them marked and obvious,
that they cannot be mistaken"