Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-01-12
DErERRED DEBATE.
HOUSE OF DELEGATES.
FRtpAr. January s.

The Rink Of Virginia as will vote against the re-
election OF John Brockenbrough as President OF
said Bank.
R,soiped. bv the Senate and House Of Delegates,
That the proxies representing the Stock held in the
Bank of Virginia. by the Commonwealth, by the
Board Of Public Works, and by the Literary Fund,
be instructed vote for no individuals as Directors
of said Bank who favourable TO the reelection
of the present President.
Mr.. Grtgory's Substitute.
Rssoirei, by the House Of Delegates, That 1t is
inc xpedent that DIR. John Brockenbtoush should
be re-appointed President of the Bank of Virginia,
and that those persons representing the interest OF
the State in said Bank be requested TO vote against
him for that Office.
After some short aud unmportant discussion, |
Mr. SMITH, of Isle Of Wight, offered the follow |
ing as amendment 10 MIR. Gresory's suhsti- |
tute, (beins the resolution reported by the Bank
Commitiee): Resolved, Tha, the power OF the
State, in the appointment OF Directors OF the
Bank Of Virginia, ought TO I've so exercised as
TO prevent the reelection of the present President
thereof"
MIR RoBERrsoN rose to move the indefinite post |
poncment of the resolutions Just read. He would
saw, in the OUTSET that when a few days ago he
resisted taking them up, he stated the reasons
which led him to adopt that course, TO be, IN the
first place,-a desire the time of that House
and secondly, that the proposed course OF action
was without the legitimate sphere of legislative &C
ton and on sht not be entered upon by that body
He had expressed preference, individually, that
the subject should be cinyassed IN all its bearings
thinking il dIeto the character OF those whose con-
due; had been commented upon and impeached 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, II seemed
TO him desirable that the whole question, ana every
thing involved herewith, should come up for dis
cusson in that House, and should thus pass TO the
country-And as the House had now Unlimited It's
desire that the subject should be gone fully into he
had submitted the motion TO pos pone indefinitely,
in ord er TO throw open, wide us possible the
door of debate. This motion would open the whole
subject. IL would enable members 10 view II IN
all its aspects, in every light and shade; 10
comment upon all its facts; and 1t would OTTER
TO every one the opportunity he might desire,
of expressing his views on this interesting pub
lie question. The motion indefinitely 10 post
pone" was, too, peculiarly appropriate, because
amongst the reasons which he should urge against
the resolution, would stand, prominently forward,
the argument that the proposed action OF the House
was itself irregular, and not within the competency
of that body. He did not for one moment wish 10 de-
rogate from the right and duty OF that House TO look
into all public abuses OF every kind whatever, where
great public interests were concerned. They had n
right and IL their duty TO inquire into the opera
ton and management Of public institutions, and
there were many modes of action deducibe from
those enquiries which they might adopt, although
he would not waste the time OF the House in point
cause the House had right to enquire, they had the
right 10 convic,-it did not even follow that the
right TO enquire necessarily authorized justified
any action on the merits OF the question inquired
into, and he instanced the case Of the Examining
Court, which, though empowered 10 inquire, pos
sessed no authority whatever 10 try and convict
Was the House 10 define the proper limits OF It's
own power, were they to be guided by the Con-
stitution7 Was one portion OF the Government
to usurp the functions OF another Were the
If hat nj u
of the Government to Concentrate all power in their
own hands2 The question now before the House,
Invested of all obscurty, was the simple one, whe
Their the power Of the State should be used by thi:
House as 10 remove the President OF the
Bank of Virginia, and in one Of the resolutions that
had been offered, the Governor was requested e
use his power that the State Directors should be
Obliged 10 vote against the re-appohtment OF thai
gentlemen. All the power that that House legiti.
mately possessed was 10 be 1Ierted effect such
removal; and he would now put the simple ques-
lion, whether they had right so to act-whether
il was competent for that body to take such a
course 3-whether it was within its constitutional
sphere OF right IN any way 10 interfere IN this
ter-to attempt 10 exercise power which was ex
pressly conferred upon the Executive BE did not
see how there could be two opinions upon that sub
ject. BY the Constitution, the Government was
divided into three departments, with functions
parate and distinct the one from the other, and
each department was expressly enjoined not to do
any thing encroaching the powers Of the others.
What was their attempted course of action on
the question then before the House BY the law
OF the land, the Governor was invested with the
right and duty 10 appoint on the part of the Com
monwealth certain number OF Directors for the
Bank OF Virginia. The right was reserved express
Iy and exclusively by the law TO the Governor.
Could the power Of that House be exercised TO de-
feat control the operation Of the laws Of the and-
was well that the power Of that House should be
used IN controlling the Governor in the performance
of a duty thus delegated to him by the lawsl
II that doctrine would hold good with the Exc
cutive, II would hold equally good with the
Judiciary, and that House might proceed TO
control the Executive, the judiciary, and every
other Department of the Government. He would
beg the House TO dismiss this subject too
readily from their mlnds;-he would have them
iook that the powers which they were disposed TO
exercise were right and Just, and although, IL was
n direction 10 the mind most unpaateabe 10 fix q
limit 10 its own powers, yet he trusted that the
House would not come 10 the conclusion IhatIt could
do whatever 1t pleased; that It's power was without
limits other than its own will, That House was a
House of limited powers; It could more egiii-
mately tread out Of IFS proper bounds and
croach 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 was an evil against which
all the soundest Republicans, alt the best constitu
ional writers Of their country, oil the trUest pat
riots and wisest men had uniformly raised their |
voices. Mr. Jefferson had urged the necessity to !
strengthen the Executive arm 10 protect itself /
and the people against the concentration Of all ,
power IN the legislative branch OF the Government.
lie had complained in strong terms Of the dispos. l
lion Of the Legislature, under the old Constitution /
10 encroach on the other departments Of Govern F..
ment and had taid that "he direction Of tic Exec.
utye during the whole period Of us sessions was .
becoming habitual and familiar"
The course now proposed to he pursued, not
only involved the direction Of the Executive, but .
involved essentially the exercise at the same mo-
ment. Of powets OF once legislative, Executive and
Judicial. lie inplored the House not TO set such a
precedent. IL wes against such an abuse Of power
by the legislature that al our eminent state smen had
raised their voices. Mr. Jefferson had said-"All the
powers, legislative, Executive and Judiciary result
to the legislative body. The concentration of
these, in the same hands, is precisely the definition
of despotic Government II will be no aIlevi,tion
that these powers will be exercised by plurafv
II hands, and not by single one. One hundred .
and seventy-three despots would surely be ns on .
pressye 90 one" Mr. Madison had expressed him. .
self IN these terms "NO political truth is Of /
greater intrinsic value, or is stamped with the au-
thouty Of more enlightened patrons Of liberty Than
that on which the objection is founded The nceu- J
Inulatoo Of oil powers, legislative, Executive and
judicial, IN the same hands, whether Of one, |
few or many, and whether hereditary, selfap-
pointed or elected, may justly DC pronounced
che very dehniuon o. tyranny He would nuofe
MISC the opinion 0t Mr.. Monroe, opinions bearing
the most direct and immediate reference TO the me-
ton then sought 10 be pursued by the house and
I've desired 10 present 81 10 the view Of etntsneo m
the hope that it might induce them to pause and re-