Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-01-25

fOrbear enter the nelu oil OiscuSslou NOT
nv sense Of representative duty impe me to do so.
IL consulted my inclination on the dictates of pru
dence should remain silent. The House is yet
~. der the influence Of the eloquent Grafton pro-
nounced by the member from the city of Richmond,
a gentleman from whom ever differ with regret
Other members, too, have delighted us with strains
of eloa uence, which neither aspire to equal
initiate. The genius Of eloquence inspired by
these gentlemen has struck the chords OF our
hearts and awokc the master string into unison it'll
the sympathcs of our nature. Leaving the dull
realities Of life and the facts Of this case, they have
scared into the regions of fancy, and cuing the
fairest flowers which tas'e can select, wove n gar
land to deck their supposed victim and led him to
the altar Of prescription, there to be inundated
Such the fancful manner in which this grave sub.
iect has been treated. Politics. too, have been re-
ferred 10 as Influencing members. | take occasion
10 say that, il know myself, no such influence is
exerted upon me. This disaster is referred to con-
fdence rcposed by the President of the Bank in the
subordinate officers, and exemption from blame
claimed on account OF the beauty Of this virtue.
We are told that confidence is the characteristic
of an elevated nature. That magninmity and ge-
ner 4sty.are its landmarks; that the bosom in which
IL lis no resting place must be the abode of hcnds
and d,mons. This Is true. And trust that | have
n heart TO feel for anothei's woes well as those
who would aspire TO the monopoly OF all the noble
emotions of our nature. lmmoation and proscrip.
tion are abhorrent to my nature and counter to my
practice. By pictures like these this is TO be
calls of duty are to be hushcd by the pleadngs oil
a sickly sympathy. The subject must be disen,-
barrassed OF all irrelevant matters, and the appeal
made to the head and not TO the passions, bc fore ii
can be correctly decided. Let us then proceed tc
the argument.
The Committee on Banks, in pursuance of certair
instructions from this House, have reported defal
cation in the Bank Of Virginia of more than hal
"a million Of dollirs-ihat this defalcston was pro
duccd mainly by the negligence of the Presden
of the Bank, and have concluded by recommending
that the power OF the State be so exercised &c
prevent the reelection of the present President
motion is made indie finitey 10 postpone this reso
lltior, First, on the ground Of ncompe,ency right
fully TO pass it, Secondly, that conceding the first
objection, il is inexpedient 10 pass IL.
This subject has been so fully discussed by the
numerous speakers who have preceded me, as &c
leave but little for me TO say. The first point Ia:
not been so much commented upon, and for thai
reason well as its importance. shall treat first
The first objection is placed upon the ground
shat the passage OF the resolution will operate n
interference with the Executive whose duty it is 10
appoint the State Directors, aud thus conflict W.T.
that fundamental principle Of political liberty which
prescribes that the Leg slaiive, Executive and Judi
cia departments shall be kept separate ard distnc
A priAclplc so reveted, that il justly obnoxious 4
this objection, one can he found to sustain it
AS the resolution only contains an expression o
opinion, apparent that is entirely discretiona
ny with the Executive TO conform his appo nmen
TO the OPINION or not, ana therefore no Executive
power is exercised by the Legislature.
This would seem To be conclusive reply TO III
objection; but It is argued that the resolution is i'm
fueniia and that tins will be violation of the prn
cipe Just referred to;that in order to preserve tn
line OF separation between the departments, dis
lnci and nviolatc that even the expression of al
opinion should be forborne. And gentlemen hav
contended that, from the nature of the Legislative,
power, there is danger of its passing its Just boun
daries, and urged this additional reason why
we should abstain from is exercise on the presen
occasion.
In order 10 test the accuracy OF this doctrine lie
refer 10 the most authoritative exposition of tn
meaning Of that part OF the constitution which re
luires these three departments OF Government TO b
Kept separate and distinct MIR. Madison, VIII
bears the same relation as an expostor to the Anne
rican Constitution as Montesqueen and De Lolm
90 the British Constitution, and whose exposition
has ever been acquiesced in as the soundcst com
rnentary known to the world, had laid down this a
the true principle of Interpretation; That whe
one department assumes the whole power belong
requires their separation; Uut If tie entire power
not assumed or influence exerled by one dspart
ment over another, while the power is not assumed
here then, Is no violation Of the political maxim il
question. Thus, in the Constitution of the u. 8
and IN other governments, where this principle i
Ae'd sacred, the Executive has aquaifed negatiy,
on the Legislature. Again; by the constitution o
virginia the Governor is elected by the IesiSia
ture, thus deriving his very existence from this de
partment OF the Government. Again; the Execu
tive recommends to the adoption of the Legislator,
snch measures as he deems in his wisdom ft ane
proper. Is this bringing his official and personal in
fuence TO bear on legislative ac:ion2 MIR. Msd;so,
iurther IN illustration of his opinions on this sinh
9ect, cites the constitution of New Hampsbire
wherein II is declared that the Legislative, Execu
ave and Judiciary departments ought TO be ke u, ns
separate from, and independent Of each other ms tho
nature oil Tree Government will admit or az is
consistent with that chain OF come ZION that binds
the whole fabric of the Constitution in enc IN disco
Iuble bond Of unity and amity, clearly indie liinr
the opinion that in theory, the line of separation IL
hot perfect and that II IL not cOnsonlnt to liberty
that IL should be so.
Against gentlemen who contend that the moro
expression OF opinion IN the resolution under con.
sideratlon, is usurpaiiOn of Executive pewer
array the name and authority of Madison. and e I'VE
oLhers 10 determine which side of the beam pre-
pondcrates. The resolution i'm Itself ofTarJs cyi
dence of the truth of the doctrine that IN cver a.
representative Government there is and must be
chain oil connection that binds the whole fabric nj
the Constitution in one indssoluble bond of un,ty
and amty. "'S
The general law on the subject OF Banks autbo.
f%es ine Executive TO inquire into H. cir condi ION
through the medium If commissioners IT. -
Sis'ature have the same power through the medium
oi commissioners, or n committee. Here are com
current powers Of separate departments over the
shne SUBJECT The same law coniers the appo,n,.
- 'No'e DHeCtoIs Oh tne Executive. Had the
Legislature, through It's committee or commits. ion
ers, developed the delacation for the frs, t,nc end
inc egsence OF the bank officers on the eve Of ,ha
appointment Of the Directors by the Eyecutive
there can be no doubt, presume, but that dn,v
"ouid nave demanded communication of the faeis
nmu an expression Of opinion by the Lsgislature-
me Governor, on the other hand, having mad. d;s
Co'er'ts through his commissioners, il was pronor
that he should communicate them 70 the Lepisi,t,re
WIN such accommodations as his wisdom micbi
dictate. '''6"'
Ia truth, the Banks constitute subject pecu,i,r.
w demanding free and full interchange of onio;on
between the legislative and Executive Dep,,tmen,r
Du' Is sald thli the charter IS a comp,ct bety,cco
.ue S'ockno GERS and the Government-and should
tne Legislature divcst the Executive of the ro,y.,
Of appointing the Directors, 1t would be Lre5cb If
the compact, ''''-" VI
.. MY answer 10 this is, that the ps,osr is rto,be
Executive unimpircd--that II the tcs,Iufion sio,tt
p'ss, he appoints the lawful number or D,,.cto,s
and just such as may cOmpou with his p'eatu,e -
Inc resolution does not attempt to command Lp.
on the contrary implies that there is no Obligation
70 comply. s''''"
From The foregoing considerations. I coocl,d,
that the House has ample authority to pass tho re-
solution. W. &c
is It the duty Of this House 10 pass il,
mus inquiry involves the nature and cause Of tic
ave ue'a cation, and the management Of the Bank
from ITS foundation to the present time.
This branch Of the subject b1s bee, -, ,,..,.
iy discussed by gentlemen who have ,r.co,Isi 81
charging, as they have done on ali ,bc de,,,ts =,
the oeialcatlon, and the circumst,nces coorrc,cd
with q, that shall dispatch this u,rt a. d. .,t;.
with That brevity which the exhausted ,,,,ssay -
the House demands, and with ms W. I III ~
Pfesenl summary OF points conceded r,tte, ,L,n