Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-06
GENERAL ASSEMBLY OF VIRGINIA.
DEFERRED DER.3I'E
RANK OF VIRGINIA

BANK OF VIRGINIA.
HOUSE OF DELEGATES-January II, 1911.
MIR NlcRAE said--Mr. Speaker, having been dsap-
pointed in my design TO participate in this discussion
at an earlier period of the debate, should forbear TO
enter the field Of discussion dad not my sense OF
representative duty mpe me to do so. II consulted
nv incna ion the dictates OF prudence, should re-
main silent The House yet under the influence Of
the eloopent Grafton pronounced by the member from
the city OF Richmond, gentleman from whom ever
differ with regret Other members, too, have delighted
US with strains of eoqGcnce, winch can neither as
pre 10 equal or initiate The genius OF eloquencc in
spred by these gentlemen has struck the chords OF
hearts and awoke the master string into unison with
the sympathies of nature Leaving the dull real
ties Of life and the facts of this case they have scared
into the regions of fancy, and cung the iarest How
ers which taste select, garland TO deck their
supposed victim and led him to the altar of proscrip
ton there TO be mmoated-Snch is the ianciful man
ner in which this grave subject has been treated Po-
ltcs too, have been referred to as influencing men,
bers ake occasion 10 say that, know myself, no
such influence is excred upon me. This disaster is
referred to confidence reposed by the President Of the
Bank in the subordinate officers, and exemption from
blame claimed on account o the beauty OF this virtue.
We are told that confidence is the characteristic oil
an elevated nature-thGt magnanilny and generosity
are its handn,ads that the bosom in which ii has
resting place be the abode of fends and demons
This is true And trust that have heart to feel
for anothers we'll those who would aspire 10
the monopoly of all the noble emotions of nature.
Immolaton and prescription are abhorrent to nv
turc and counter to my practice. by pictures like
these this to be represented and the voice of the
country and the calls OF duty 10 be hushed by the
HEADINGS of sickv sympathy. The subject must be
dsembarrassed of all irrelevant matters and the APP
neal made to the head and not to the passions, before
can be correctly decided Let US then proceed TO the
argument.
The Committee or Banks, in pursuance of certain in
strnc;ons from tins House, have reported dedication
in the Bank of Virginia Of more than half million Of
doars-that this defaration was produced mainly by
the negligence of the President Of the Bank, and have
concluded by recommending that the power OF the State
he so exercised prevent the eelecton of the pre-
sent President A motion is made indefinitely to post
none this resolution: First, the ground Of ncompe.
tency rightfuly to pass it, Secondly, that conceding
the first objection, il is inexpcdient TO pass it.
This subject has been fully discussed by the nu
merous speakers who have preceded ME, as to leave
but little for me say The first point has not been
40 much commented upon, and for that reason as wei
as lis importance, shall treat it first
The first objection is placed upon the ground, thai
the passage of the resolution will operate interfer
ence with the Executive, whose duty It ls TO appoint
the State Directors and thus conflict with that iunda
mental principle Of political liberty which prescribe:
that the Legislative, Executive and judicial Depart
mcnts shall be kept separate and distinct: principle
go revered that If Justly obnoxious 10 this objection, M
one can lie found 10 sustain it. As the resolution only
contains expression Of opnion IT is apparent that
is entirely discretionary with the Executive 10 con
form his appointment 10 the onion or not, and there
fore no Executive power is exercised by the Lcgisa
This would seem TO be conclusive reply to the oh
lection but it is argued tina, the resolution is nlu
ntiaI md that this will be violation OF the principle
lust referred to-tha in order to preserve the line
separation between the departments distinct and IN
violate that even the expression OF an opinion shon
be forborne. And gentlemen have commended that
from the nature of the legislative power, there is dan
ger Of lis passing its Just boundaries and urged this
an additional reason why sc should abstain from 1t
exercise the present occasion.
In order TO the accuracy of this doctrine let
refer the most authoritative exposition OF the meaning
of that part Of the Constitution which requires thes
three departments Of Government TO be kept separate
and distinct. Mr.. Madison, who bears the same rea
fon us an exposiior 10 the American Constitution a
Nontesouieu and DE Lome the British Constitution
and whose exposition has ever been acquesced in TIN
soundest commentary known IL the world, had lat
down this the true principle If Interpretation: Tha
when one department assumes the whole power belong
ING to another department oil the Government, sucl
assumption is in conflict with { at principle which
reonrcs their separations but II the entire power i
moi assumed or influence eXcred b. one department
over another, while the power IS no; assumed, here
then is no violation Of the political maxim in question
Thus in the Constitution OF the United States, and il
other Governments where tins principle rs held sacred
the Executive has qualified negative on the Lcgisa
,u.r Asain BY the Constitution of Virginia the Go
vernon elected by the Legislature, thus deriving Ia
very existence from this department of the Govern
inrnt Again; the Executive recommends TO the adop
ion OF the Legislature such measures he deems in hi
wisdom fl aud proper Is tins bringing his official ant
personal influence 10 bear on legislative action Mr.
Madison further, in Illustration Of lis opinions on thi
subject, cites the Constitution OF New Hampshire
wherein it is declared that the Legislative, Execu
tive and Judiciary departments ought TO be kept as
para,e FROM and independent of each other, as the IA
ture of free Government will admit or as IS CONSIST
en-. with that chin Of conneSion that binds the whole
fabric Of the Constitution in indssouhlc bond o
unity and amy, clearly indicating the opinion that II
theory, the line Of separation is not perfect and that
is not consonant 10 liberty that it should be So
:. against gentlemen who contend that the mere ex
preston of opinion the resolution under considera
iion is usurpa,ion Of Executive power, array the
name and authority Of Madison and leave others to de
term;ne which side of tie beam preponderates. The
resolution in itself affords evidence of the truth Of the
doctrine that in every free representative Government
there is and must be- chain of connection that bind.
the whole fabric of the Constitution in one ndssouble
bond of unity and amity.
The general law on the subject of Banks authorize:
the Executive to inquire into their condition trocgi
the medium of commissioners. The Legislature have
the same power through the medium of commissioners
or committee. Here are concurrent powers Of sepa
rate departments over the same subject. The SAINT
law confers the appointment of State Directors on the
Executive Had the Legislature, through its commit
Zee or commissioners developed the defacaon for the
first time and the negligence of the bank officers on
the eve Of the appointment of the Directors by the Exc
cutye there be doubt, presume, bat that duty
would baye demanded q communication OF The facts