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

,.h ,e,u;ras that neither shall exercise the powers
nr The ether and have said it would be uhoecoiii
mo in the Legislature, ard IN VIOLATION VI se spn''
nrovs;5n. 10 seek 10 accomplish by ndlTecon,
what they were forbid directly 10 do' alh a"s"elsu
Inv the gentleman from Petersburg" rue, 'he eoh-
stluon is what you represent IT, put ,'i's selaia
Ton or The Department is IN impossible thing. II is
beautiful theory but won't do IN praciice. ANA
la, !, come TO this Sir that in case where tins Sc
marathon is clearly practicable, and the observance
of n plain provision of the CONSTITUTION, uehahu'ns
the scparation is urged upon the House, we are to
he answered II is "a beautiful theory " beautiful
theory Sir Woe 10 this land woe TO It's Tree nstitu-
ons when the Constitution, the guarantee OF ITS rights
and liberties shall to be spoken oil or regarded as
beautiful theory! And must be permitted 10 ex-
nress NV establishment and regret that the gentleman
from Petersburg should be found amongst those TO sci
an eyanie fraught with such pernlcous and dePlora
rable consequences RI
The noslon assumed BY nc, that the interference OF
this House in the appointment OF Bank DIRECTORS was
violation of the charter of the Bank, IS even more
clear ii possible than that have just been consider
inp Most of the speakers have found 1t convenient TO
pretermit all notice of it, 1t has not been refuted by
any. The argument this: That by the charter,
the right Of appointing Directors Tor the State was
vested solely in the Governors that OF consequence, his
was The sole and exclusive discretion: that the avowed
object of the resolutions indeed the only possible
mode by which they could have any efficacy, IS to
control and direct the Governor in the exercise OF that
discretion and thus introduce new, as well as an
objectionable term, or element, not contained III the
compact when il was accepted. | know answer
that has been given to this view, save one which,
so far from weakening it, absolutely demonstrates It's
truth II is that power is reserved to the Legislature,
by the charter, to withdraw the right Of appointment
from the Governor at pleasure, and confer 1t on ano
ter and hence the conclusion is, the House may con-
troll the Governor ut will. But where, ] ask, If the
House may this CONTROL the necessity of any law
about it, What occasion for Il law to control one
agent or proxy: Do not gentlemen perceive that the
Legislature possesses the power 10 withdraw from In:
Governor the exercise of this discretion by law because
it is reserved by the charter; and that precisely, be-
they may thus, by the charter control by law
they inhibited, for that very reason, from controlling
it in any other manner
Mr. RoEERrsos after some objections that had been
taken TO the form of his motion, proceeded as follows:
A few words, sir the punishment proposed TO be
inflicted the President the Bank, and have done
The gentleman from Petersburg represents IL rs light
one-one of ordinary occurrence-a mere removal from
office. Removal from Office, sir, is light aggra
waited punishment according TO the circumstances that
attend it. The trbunal-the mode Of effecting the
pubcity-tle grounds which it is founded-all are
to be considered in determining the character Of it. 1t
is awarded often for mere differences Of political OPT
nion-yet, it is, at the time, the highest punish
denounced, for official delinquency, against your
Governors the President Of the United States
What is il, in the latter case, that imparts TO it so
solemn character: What but the dignity of the body
that speak the voice of nation. A punishment
grave that MIR. Madison, vanly, experience has
shown us, deemed that the mere terror of IT. alone would
be sufficient to deter the boldes from abuse of power
And do not MI these elements enter into the present
proceeding: is it any thing less than impeachment
by this House Of the President of the Bank, with the
aggravation distinguishing il from other mpeachments,
of the body being at once accuser and JUDI =
Has not The of the House, and Of the crowds that
have throngcd its sttings been dlnned daily by tor
- tln
man; Has not the press daily teencd with multiplied
editions of these denuncations, bearing them to every
corner of the Commonwealth:-to every part of this
wide Union: lsit light punishment thus TO be held up
to the public gaze? Gentlemen may sme-but, for one,
do not envy the nsensibty that is incapable of ap-
precating the torture of such situation. Nor do
envy the nscnsiby that is Indifferent to the infection
lit. Sir this distinguished from all other
of removal by feature that cannot but view as at
once odious and tyrannical. In every other
removed Ivy those who both authorized and ex
peccd 10 exercise the power, if deemed expedient. If
here removal were contemplated by those in whom the
power vested by the charter, none would have right
to complain. 1t was the tenure by which the office,
when accepted, was known to be held. But could DIR.
Brockenbrough know-could he have dreamed
that he held his office by the tenure of the Legislative
will; There is nothing in the charter, no law, pre-
cedcnt to warrant such an expectation. And ask, If
there is any principle in 4 Government of laws that
should be sacredly observed, than that citizen
should suffer punishment molestaton Of any kind,
except as prescribed by law of the land Where
this principle is wanting disregarded you have the
essence of arbitrary power. No man is safe. DO you
not propose TO violate il here? DO you not run coun
ter too to The spirit of the clause Of the Bill Of Rights
forbiddng that cruel unusual punishments shall be
inflicted | pray The House 10 pause-to think well
before it shall consummatc act, calculated, hunbly
think, convey alarm TO the public mind, and to lessen
that sense Of security against the exercise of arbitrary
power, which constitute the great and distinguishing
privilege of the citizen whose lot IS cast under Co
vernment OF laws.
The present proceeding has another odious peculiar
ty In other cases there is tribunal Of appcal-a tr
Luna Of mcrcy-a tribunal where weighed all the
circumstances that 60 to mitigate or excuse-a those
moral consde which the laws, from their ncces
sary generality, are unable to estmate-age, always
aud every where to be respected character-servccs.
But, from there is appeal 1T then, it be true,
is said that bound by memorable duty TO try
and Judge this man, not also bound in justice to
weigh all mitigating circumstances Every gentleman
who has spoken the other side, has expressed the
deepest reluctance to do this deed Depend upon it,
SIR if Justice required it 10 be done, if duty really de-
manded at their hands, they would not feel this great
reluctance. No, sir, the repugnance they feel is pro-
duccd by considerations the force of which, though
they may refuse 10 regard, they find themselves wholly
unable TO eude
Let them obey their generous impulses Let
them not nlict punishment dsproportloned to the
offence. Those grey hairs which some have spoken so
long career of useful public scrvice-tha unsullied in
tcgrty-the meekness with which lie has borne him.
self-tla "he has been clear too, in his high office"
all, all these things plead rumpettongued against
his taking off JUSTICE sir, unaccompanied by Mercy,
loses all her comeliness-al her attractions. If Pu
nishment may not be separated from her mnisratons
here, no more may Mercy. lilo whose immortal verse
cmbodies emotions that find response in every human
bosonl--whose deep and clear mind seemed TO mirror
the sentiments of all mankind has said of this blessed
quality, that
at becomes
The throned Monarch better than his crown.
attribute 10 God himself
And earthly power doth then sliew lkcst Gods
When Mercy seasons Jusce
| pray the House not TO Danish it from their coun-
ellis. conure them, by retaining from the exercise
Of this arbitrary and unusual power, to give new
pledges Of security to the citizen, and enttle them
selves by their forbearance, to the public gratitude.
DOMESTIC.