Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-06

ance by that body of all its legal and constitutional
duties and Of the obvious proprcty of It's proceeding
promptly to the election OF all such officers whom u
dcvolved upon it to appoint. Had the gentleman
views been altered upon this subject: Had "a change
come ocr the spirit Of his dream:'-Wonld nc repud-
ate the sentiments to which he had so lately given Ut
terance, and recommend that body to adopt nea-
sure which must might lead TO the utter defeat Vi
any election OF high and responsible officer as the
President Of the Bank Of Virginia: Had that gentle
man bestowed his usual reflection upon this SUBJECT
Had he duly considered the legal consequences and
effects of failure the part of the directors to elect
President;-Mr l.. would draw his attention To them,
and invite his earnest consideration of this branch Of
the subject before it should be late TO retrace his
steps.
Mr. l.. said it was true the gentleman from Tyler,
(Nr. Stephenson,) had denounced the acton oil the
stockholders in proceeding 10 make an election o.
Directors their part the day prescribed by law,
hasy and precptate and disrespectiul to the
laure and had expire .sed the opinion that they should
have awaited the action of that body. From thus OPP
MON Mr. l.. wholly dissentcd. He conceived that the
stockholders acted with perfect proprley in proceeding
the day fixed by law, 10 the independent discharge
Of the duty devoved upon them, Of selecting their hse
directors according 10 their own discretion, and Juds
men with the lights then before hem and without re-
ference to the possible probable opinions OF thus bo-
| DIV or any other body set of men whatever. And
he would ask cui bono, should they have awaited an
expression of opinion by this body Was 1t expected
that they should surrender their Judgment IN the
matter and conform their action to the will OF tins
body Would the gentleman from Tyler, (hlr Ste
phenson,) in this roundabout and indirect mode, claim
the right for the Legislature to select the five direct
ors to be chosen by the stockholders, BY debating
to the latter what of they should appoint,
as hy the resolutions submitted by him, he does, III e-
feet assert the right in that body TO prescribe who shall
be appointed directors by the Executive: Mr.. l..
would have something more To say of this new prero-
gavc, thus in effect arrogated for the Legislature, upon
another branch Of this subject, and would therefore
dismiss ii for the present. But he would venture 10 ex
press the opinion, that that body might, with great
good reason, have deferred its action upon this sub
lcct until that of the stockholders had been taken,
and might, with profit, take counsel from their de-
cision Did gentlemen think that the Legislature had
the interest Of the State at heart than the private
ckholders had theirs Or, did gentlemen believe that
the stockholders less qualified to direct the affairs
of banking institution, less capable OF discerning It's
true interests, than body constituted like that: Sure
ly they would advance such proposition. MIR. L..
thought proposition could be better established than
that the aflars of banking institution could be
ged by man, set OF men, well by those VINO
were personally interested in its well doing and he did
not hesitate TO own that he of those who be-
heved that the present conncxon between the Stale
Government and the Banks, growing out Of the nte-
rest held by the former in their Stock injurious
alike to both and that the management and conduct OF
the affairs OF those institutions would attain that
degree of perfection Of which it was in fact suscepll-
Bile, until that connexion should be dissolved, and the
affairs of those institutions conded to the OF those,
and those only, who had personal interest in their
prosperity. For one, Mr.. L. owned that the decision
oie stockholders upon this question had great weight
with him; he regarded it rs thr decision Of those who
were most interested in The subject, and most likely to
come 10 the right decision; OF those, who take them as
class or individually, had keen perception Of and
as Just and proper regard for, their interests, as
any other class in the community, and who possessing
all the lights that were before ths body, would, he
conceived, al the right conclusion, with the I'M
erring certainty prompted by private interest and, as
SUCH he thought they nigh. well be weighed and de-
librrately considered by that House
Il Mr. l.. would proceed 10 consider what he deemed a
strong objection 10 the proposed action Of the House,
founded upon the character of the duty to he performed
BY the Executive. The law Of the land had conferred
upon that branch Of the Government the power to
appoint four directors for the Bank Of Virginia, and
made the exercise of that power duty. The APP
pontnent of those directors had then been expressly
made an Executive function. 1t was not a matter OF
lcgisation--it did not fall within the proper sphere
o action Of that body, but embraced within those
limits that defined the appropriate powers and du-
ties of the Executive What then the proposed
action Of the House: Did not propose 10 take from
the Executive The right 10 exercise one OF It's appro-
pirate functions and dcvolve It upon that House Was
IL strip from that branch OF the Government one
oi the few remnants Of power and patronage winch "
possessed, and add il 10 the preroraves exercised
by tie Legislature: Mr.. L. though; that was the sub
and effect OF te proposed ACTON il not iis pre-
else form. Surely the olcc, I'll gentlemen 70 make
the will Of that body prevail IL the selection OF III" four
Directors and if tile resolutions should be agreed 10,
they were as confident tina, gentlemen of particular
opinion in reference to the election Of President Of
The Bank, would be selected by the Executive, as
they would be il they to be chosen by themselves
They confidently expected that the Governor would
rerard the passage of the resolutions as I pcrcGpto-
~ instruction 10 him. and that lie would conform 10
the VIII Of that body thus expressed. They dad not
suppose, for moment that he would think oi DIS
regarding il. Wherein, then, he would ask, was the
nj
or Of making this appointment by the Legislature, and
the adoption of measures which would ietlcr and con-
troll and determine the action OF the Executive III per-
forming that duty; Mr.. l.. looked 10 the substance,
not the form Of things, and, viewed IN that aspect, he
could but regard the proposed action Of the House
| as palpablc and dangerous encroachmcnt upon the
appropriate power and functions of another branch Of
\ the GoYcrnmcnt.-Or fit not in fact attempt
to take from the Executive the authority Of making the
appointment and itself 10 H. al the least II
an attempt to interfere and exert an influence with the
Executive, in his regular discharge Of that duty
:. Viewed either light, ii equally Objectionable 10
Mr. L., and should receive, he thought, no favor with
The House.
Mr. l.. did not think it necessary 10 dctain the House
bv Dwelling a, length upon the importance Of keeping
the several coordinate branches Of the Government
within their appropriate spheres OF action, and arrest
inr the threshold and every attempt on the part
of either 20 encrnach upon the proper powers, functions
and duties Of the others, tn interfere wh them IN
their regular and appropriate action THIS principle lay
al the foundation Of all free governments, and the max
in by which il was ncucated had become familiar as
household words II could receive no additional IT,
lus'ralon from anv thing that he could say did he
deem necessary quote in lis support the authority Of
the many sages b. whom lis truth had been asserted
And whatever gentlemen might think of the state Of
things in the General Recommendations they
might believe that in it the Executive was the branch
which too rapidly increasing IN strength, and de-
manded check upon lis further growth, "a subject
Mr. L. would moi then DISCUSS certainly lie thought they
would agree that in the Government OF that State, The
tendency was 10 concentration of all power the Lc-
4 gslatve Department. II the branch which most
thrcatend to encroach upon the other departments OF
the Government, and 10 become the Aaron rod which
TO absorb and swallow up all the rest. The gen
tleman from Tyler (Mr. s. had given the House
an ntmalion Of the extent TO which lis power and
influence should be stretched upon the subec; which
now engages their dcliberaiinns-the appointment OF
4 Directors Of The Bank. Not content with asserting
claim on behalf Of The Legislature (as he did, in ci-
feet by his resolutions To control the selection OF the