Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-13

! has been said that we who oppose Dr Brochehoi""S
removal on account Off, have sought TO soften II down
10 nothing indeed, to make it almost matter OF con-
mendatpn. This is hardly just. /, at least, nave
not disguised INV opinion of it, have always sPo-
ken of 1t as have thought OF it, as case oil grave
neglect of duty. But while doing this, | have hfs-
ed that we should take, also, into consideration,
long servcc-unmpeached integrity-the peace o'
mind that should attend the evening OF liie a'n
not sensible that this is evidence, as the gentleman
terms it, Of a sicky sensibity If they are sua
gestions prompted BY the heart they are aso 10
sons sanctioned by the understanding. But on 'he
other hand, has not this neglect been magnlhcu'
by gentlemen on the other side, beyond all just Plo
portion: Has not the fancy been called on 10 invest
il with terrors not its own, and pictures OF mag'hay
distress presented to stimulate us to severity: nc
arts Of illustration have been employed TO tile same e
This neglect has been kened to that of the senline
sleeping on his post-a crime, 1t is said always 10 NC
expated by death. Waving the peculiar reasons up
plying TO the case selected, ask If be true lnat u.
sentinel found asleep always suffers aealh ,ona
not even in that extreme case, age-iniirmty-iohS
watchinp-falure TO be relevcdplsad, with every hu
man tribunal to save life? lfthe fault had been commit
ted by many, would none go clear: and has there hot
been here one victim? But il the sentinel had oiten
been suffered 10 slumber by the officer OF the guafa,
and BY the General officer in his rounds could Pu-
nishn,ent he inflicted with justice: And in thus case
has not the Presidents neglect gone unreproved, LOT
years, by those appointed TO supervise hIm-py 'he
Legislature itself, whose right and duty II was :.
4
ce itself orbids that he should be held, now, TO
reckoning.
But, Mr. Speaker the force of the considerations
urged upon the House against the removal OF Dr. D,ocn
enbrou oh has been sought to be broken by the ~hoiy
gralutous ascpton of them to the bias OF friendship
trust Sir am not wholly unsusceptlble OF that &C.
nervous emotion. Where it existed could no expect
would hope, Sir, to he entirely exempt from It's ma
tural influences upon human conduct b,., ~ 'i''
case am unconscious of such influence. Dr. Brock
enbrouph was already far advanced i'll life while was
vet boy-this interposed natural barrier against
the formation of friendship But IN truth our rela-
tons have never been either intimate or coniden-
tal. However much his character may nave com
manded my respect and regard do not profess to have
with him relations of friendship Indeed, Sir, there
are reasons why under feelings that ordinarily govern
men, might view any just nliction OF severity upon
BIN with some degree of compacency, at least II not
of satisfaction In poltcs-agreement or differences
in which apt TO swceten or TO poison private IN
tcrcourse-we stand not only separated, but opposed
though Justice demands it to be said that no man allows
politics less to enter into his social relations than Dr.
Brockenbrough. Indeed, might say, Sir not at all
am not, then, here in the character OF his friend
do hold this seat, Sir, the privilege gives me to
defend him here this day. by his vote, but in despite oil
it, as presume (or know nothing of the fact,) and
certainly against the weight Of his influence, though
probably not actively exerted But, Sir, should dcs
pse myself if could allow considerations Of this sort
10 enter into my course on the question before the
| House.
| think, Sir, il must be apparent to ALL that no
gentleman the floor occupies position more favor
able to the rendering Of an impartial decision than
do, one less likely to be influenced by that bias oil
friendship which some have been pleased to ascrbc 10
me.
The gentleman from Norfolk Borough spoke, in con-
nection with this subject, of"hig rank, and the gen.
| tleman from Petersburg, following in his wake, was
pleased to intimate that but for this, such zeal would
have been displayed had been shewn this occa
sion in defence of ehigh salaricd officer Sir for
myself, acknowledge rank higher than my own.
| look up 10 | know no distinctions but OF
virtue In respect Dr. peterborough, owe him no
obligation. expect nor would accept, from him. any
fayors What cXcitcs my zeal that which anImales my
exrrlions, respect TO iankbut jealousy OF power
"a rooted jealousy of arbitrary power, welded by Co.
vernment for the oppression of the citizen 1t is van
TO talk Of the rank OF an individual IN comparison win
| the power Of the State embodied i'll this House. In
such contest the weahiest and greatest but as the
Kid handled by the Lion. But in such 4 contest, IN
this couniry-and thank God it is so-every one
knows that the poor is stronger than the rch-the
humble man powerful than the exated-mlghiler
than the mghtcst. For him, oppressed by the hand of
power the sympathies Of all men have free and irresls
lille course. Were this The of such man, voice
would ere now have been heard from without these walls
that would have compelled you to regard It, But IN
such you would not have attempted the in
Justice. You burst not have done it. II was neces
sary for you call to your aid those feelings which are
every where too apt 10 attach to high place III the So
cal scae-enyy and prejudice, and that unfortunate
inlirmity which finds pleasure in the degradation OF
the hrl-whch reioices in the fall Of the elevated.
IL is resist injustice-to resist the oppressive eScr
else Of your power, that stand here to-day; and let
me tell my friend from Tyler, (Mr. Stephenson,) who
pleased to say, that were IT poor man here, that
he would not be thus defended, that let him, or this
House, or any power attempt injustice against any
the poorest and the humblest, 10 whom owe aught oil
protection assistance, he should find my zeal, my Ell
FORTS my exerons, reused in his defence just IN pro-
portion 10 his he plessness
come to the question Of power. The position MAN.
tanned by me in regard TO was this That the power
Of appointing Bank Directors behalf OF the State
was vested by law in the Governor-that the resolu-
tons, if they meant any thing, were designed 10 con-
troll him in the exercise Of that power, and thus TO do
indirectly, what by the Constitutions the Legislature IS
forbid to do directy-exercise the power of co-ord
nate Department of the Government. Has tins post
ton been overthrown? In my opinion II has mol; and
an ingenuity and force of argument not yet exhibited
this floor remains to he displayed before can pc
successfully controvered. Ii has been sought 10 be
refuted or eludcd by a great variety of arguments.
Time does not admit they should all be replied to- but
am willing TO take the most plausible, and those on
which most reliance seems TO be placed 1t seems 10
be generally conceded that this House has no right TO
interfere with powers derived to the Governor from
the Constitution What | would ask, is there 10 war
rant distinction between such powers and those deri-
we'd 10 him from constitutional law: From the mo-
ment law consistent with the Constitution, and pass
ed with the legal FORMS casts npon INN Inc performance
off duty he is under an obligation to perform 1t, and
stands shielded from all interference of this House by
the rgs of the Constitution 1t is Governor he is
called on Governor he performs all the numerous
duties thus dcvovcd him-cothed with all the i'm
munlties, subject to all the responsibilities OF that high
Office. The Legislature may it is true require various
duties to be performed by him or by another; but the
consequences Of their doing the one or The other, are
widely different. Devolved another, the Legislature
may regulate at will, withn the bounds OF the Constr
tuton and of charters the of its performance as
in the case of the Treasurer charged with the appoint
ment of Bank Directors, adduced by the gentleman from
James City to govern this But when cast on the
Governor the panopy Of the Constitution is at once
all control by the Legislature, distinguishing this from
every other whatever, that of duties required
of the Judiciary. admit the broad and large powers
of this House. only deny that it is omnipotent
only maintain that it has no right to transcend the
Constitution State Federal-none TO violate char
ter. Beyond that, it has a charter like the wind