Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-28
for the Legislature to exer ise sad

n;,a ,h,, Of the Federal Govern.
ment) and each department was cieats' " ,h.r-
distinct, nd declared TO be independent OF s'e"
and the powers conferred upon eaS'' , c,;,r,;o,
md snec;6ed under each hend IN The Cohsl''us'""
ns i therefore follow that law To take rom ''e
Executive the appointment oil prec'o1s "ou'u ~ W.
CONSTITUTIONAL Is the power coh'e''eo upon '"' -
90, 70 IN nppoiut Bank Directors pr SC al FAeen.'e
pnnrebend not, sir. By referring 10 The Con-
,,, !, VIII be perceived that THIS IS not among inc
enumerated powers conferred upon the Executive ~ tue
state but it is conferred upon II by law ana may
h. revoked at the pleasure of the Legislature, Us WIZ
presently show-and therefore | do not perceive ,pe
force OF rentlemens reasoning when they assert 'hat
such an ATTEMPT on the part of the Legislature wono
be an unjust interference with the Executive depart
ment 49,. A..
But do gentlemen mean TO assert the proposition; .ia'
all powers which the Executive may exercise are A
cptive movers in their nature and origin: and tnefe
ore that the Executive cannot he r,gh'a,y uept'sso
or The same-nor it's action controlled IN RELATION 70 the
same: ~, p...:
MANY of the duties now performed by tne Esecu'iVe'
were conferred by aw and y Is Pe'ee''! 'o"ps
for the Legislature TO repeal lhe s"'"e' " " s wy
exercise of the same upon anothef'
Ao,in il has been argued that the power conferred
nDon the Executive in the bank charter, 10 appom,
Directors was contract between tie Legislature dnu
The nr;vate Stockholders, TO the particular mode IN
which they were 10 be appointed, and winch could not
no taken from the Executive without violation OF the
Rank charter Let us examine into thus reasoning,
founded on the provisions Of the Bank charter
The chico, of the Legislature doubtless to guard
the interest which the State, US stakeholder hao ~
that institution; and the object oi the private stock
holders was to provide against the State having any I'M
du. power and weight the directory. THIS was the
ys, Of the contract, and not (as has been con-
tended that the charter was accepted upon the express
terms tia. ths dGty should be performed by the Exc.
crtye and that the Legislature cannot act IN the mode
of appointment, exercise any control over 'e Enc
cuve in relation TO the subject.
Blu, in truth, the Executive in this case, may he re-
garded as the proxy OF the State and beg 10 REMIND
gentlemen that the Governor has invited the attention
of the Legislature to this subject
| Take another view Of this subject. Wherefore, Il
would enquire Of those who deny the power to exs' Is
the right reserved the Legislature, TO nsliiae en-
qurcs into the condition OF the Bank, &c. lhe power
reserved is in these words "And IT SHALL at ali tines
| be lawful for Joint Committee of the two Houses o
the General Assembly, or for Committee oil et'her
House, appointed for that purpose or 'or one OF more
Commissioner Commissioners, appointed ny 'he Ge-
neral Assembly, Governor, to inspect all We ooohs
and 10 examine into all the proceedings OF Bank, and
to report thereon, they may be instructed or direct
| ed. -
Now, would ask, why all this, ifindced, II was not
intended that the Legislature might take action much
less that il ncompetentor It to express an op'nnn
as to the management Of the Bank, The conduct Of the
officers and the inexpediency OF their rc.appointnent
But 10 put this question beyond all dispute, beg
leave call the attention of the House, to the following
proyiso of tho Bank charter "Provded nevertheless,
Ina, it shall be lawful for the General Assembly, al
any time hereafter TO provide by law, for the appoint
ment of fire Of the Directors OF the principal BANK, ana
fur the branches 10 be made BY the Executive OF the
State or in such other the Legislature may
prescribe.
The wording Of this provsc, plain and express,
in authorizing the Legislature MT only TO take away
from the Executive the power 10 appoint and exercise
that right any mode ii may choose but further au-
thorzes the appointment Of five OF the Directors; and
l., tl,, q nfyg,It The
Board of Directors and the election of the officers
/ Moreover il should be borne in mind, that, under
the pains and penalties incurred By the Bank, in con-
sequence of the suspension of specie payments, the
charter is forfeited and the Legislature has full power
to alter abolish change the charter and yet tie right
is denied to the General Assembly to express Opt
mon TO the Executive that the reelection of Dr. Brock
cnh.ough would not promote the interest Of the State
/ Let US enquire into the character and scope Of
the resolution before request the Chair TO report
the resolution:
| "Resoletd That the power Of the State in the APP
ponmen, OF Directors Of the Bank Of Virginia, ought
TO be exercised as 10 prevent the reelection Of the
| present President thereof.
The resolution having been read, Mr.. VERIFY proceed
| ed
Those who have attended to the reading Of the reso-
luton must have discovered that it is not obnoxious
TO the objections that have been urged against IL
/ What action docs this resolution propose Does |!
propose interference with the powers of the Execu
tive Department of the Government, Does it propose
10 take from The Executive the appointment OF Direct
ors or to control the Executive in its action. Nest
suredy not. Neither does it violate any principle in
the Bank charter. 1t is not mandatory-but, so far
from it, il does not contain the slightest in junction to
the Executive and, far the Executive is con-
ccrned it cannot come officially before that Depart
ment; and for aupht know, IT It should he LAID he
fore it, it would not influence either its action or de-
! csion.
IL proposes expression ntimaton of the opinion
of this House. in relation to the conduct of the Pres
dent Of the Bank of Virginia, in which the State is
large stockhoder and of the improperly Of re-electing
4 President who (from his own showing, from the re
port of the committee and the admission of every
tleman who has ventured in his defence) has been ne
pgent of his duties-a resolution which the Governor
and Council may may not notice, as they may deem
best, and disregard of which would not subject them
to the slightest official responsibilities resolution &c
which, in all probability, Through respect for the OPT
Mons of this House,) they would give that consdera
ton which its Importance demands.
4 The gentleman from Accomac deems this effort an
ANALOGOUS case to the removal of Mr.. Duane from the
head ofthe Treasury Department, and for which loud
complaints were heard all the country. We are
| reproached with Inconsistency in denying Executive
/ responsibility when the deposltes were removed, and
affirming the doctrine in now holding the Executive OF
the Banks responsible for the omissions OF his subord
nate officers 1t will be- recollectcd that the party with
which | act especially acknowledged the general
principle in relation TO other Departments of the Fede
raj Government. They denied that the Treasury De.
10 its history from lis organization to show that it
creaedb by the National Legislature responsible the
Legislature, and that the acton Of the President was
an croachment upon The rights Of coordinate de-
partment The right never denied 10 Congress
(but on the contrary, affirmed by those who opposed
the removal Of the deposites) TO control the Secretary
ofthe Treasury in relation to the public money. The
true of Executive responsibility presented in
the past year upon the attemp. to exonerae the Pres
dent from responsibility for the Army bill Of his Secre
tary. And The House does not require 10 be remind
ed, that those with whom | act affirmed the same
doctrine of Executive responsibility which they
deavourng apply and carry out in the under DIS
cusson.
So far, Mr.. Speaker, from the proposed action of
this House being unusual and reckless, it must be ia
milar to all, that it has exercised similar powers
various occasions. beg leave 10 refer gentlemen to
the speech of the gentleman from James City, MIR.
Gregory, for proof upon this point ind for other pwr-
poSes And cannot have escaped the recollection of
those present, that within few days past this House
passed joint resolution requesting the Judges of the
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