Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-04
GEyERAL ASSEMBLY OF VIRGINIA.
DEFERRED DER.7TE.
RANK or NIRGINIA

II
Mr. BROWN of Preston, said, that at The opening
of This debate he was inclined to participate IN H.
ard if he did not fear that he might be
h., his friends in the vote he would be called on TO give
ON the question pending, he would not .ro"oe
the House with single remark This beng ms only
motive in rising the House had pledge that he would
not detan it long; that he not about making
speech for his constituents at home. lie SAID II ne
should live to meet that people, to whose khuhess ny
was indebted for seat on that floor, IN lheir pri'
five assemblies to render to them account OF ms
stewardship he hattered himself that he should have
no difficulty in satisfying them of the propriey OF 'he
vote he should give in the present case lie hops'
he might be equally fortunate in the remarks ne
might now submit, in satisfying some OF ms is'e"as
in this House, with whom he had the misfortune 10
differ With his (Mr. s. views OF constitutional iaw'
and propricy Of ultimate action on this SUBJECT he ei'
himself bound 10 vote for the motion submitted oy 'ne
member from Richmond city. We are met, however,
by the argument of gentlemen on this point, ina.
now we indefinitely postpone the further consideration
of this subject, all time and labor on u wou!o oe
lost He was bound to differ with gentlemen on th's
part Of the subject. Have we not, by most riS'o
scrutiny collected all the facts connected WITH the
late defalcation of the Bank of Virginia. We have
published them 10 the world, Sir for the satisfaction
of the people, and when this House shall be called
on to iegisate on the subject of Banks, which all nd
nit we will have To do, will be enabled TO proht,
hope, from the jacis elected IN tins nvesugaton Du
sir what is proposed he done by the resolutions and
amendments offered in this case: Is 1t to legsiate on
the subiectto provide BY law against future deiaca
tons of like character; No. but TO instruct or request
the Executive co ordinate branch oflhis Government
10 select four Directors on behalf ofthe State, pledged
TO vote against the reelection of the present President
of that Institution. Mr.. b. said he would suppose
case IT, sir, this morning, this Capitol had been iound
heap Of ruins, any other public building on TINS
square, would not this House have forthwith appointed
a Committee to have investigated the facts, and re-
port the same to this House: Suppose that IN the
investigation of that Committee, facts were disclosed
that pointed to the incendiary who applied the md
night torch, would any gentleman say that TINS House
ought to arrest that individual drag him this floor
try and condemn him? Surely gentleman is pre-
pared to 90 this far; but whilst gentlemen seem to think
that this House would have power to try or punish
the Offender yet it gh not be amss for US to adopt
resolution directing the judge to whom the lac gave
the power of trying The prisoner, TO select jury who
were pledged TO find the prisoner guilty. Would NOT
this he n parallel case with the one now pressed upon
this House: We are asked not 10 turn Dr. Brocken-
brouoh out of Office, because it is admitted on all hands
that no power do that but the directory OF the Bank
Ave Of whom are selected by the individual stock
holders, and four by the Governor OF this Common
wealth, by and with the consent OF his prvy ADVISERS
but we are asked TO instruct request the Executive
10 select on Dr. Brockenbroughs jury $50 far as he
selects them) persons but those who have made up
and expressed opinion adverse TO that tndivifuai
Mr. Brown SAID that he had been taught, that by
the Constitution of this State, (and probably u was
so in all the other States of this Coniederacy the CO.
yernment was divided into three distinct branches,
none Of which could property exercise powers be-
longing TO the other, to w the Legislative, Execu-
tive and Judicial Now what was the particular case
under consideration. The Legislative branch had
passed n law directing the Executive annually to ap-
point four Directors of the Bank Virginia. whose duty
with FIVE to be appointed by the individual stock
holders to conduct the affairs OF the Bank lhs is
now thesaw of the land. What, then, is the duty OF
the Executive. Is it that the laws be faith
fully executed, particularly those expressly given
to his charge, If, then, the Executive is faithfully to
execute the law, why is IT that the Legislative branch
is attempting direct control the Executive IN this
duty, is such course respectful to the Exccutve?-
Is that branch Of the Government not competent TO
discharge duty without controF 1T not, let us
repeal the law He not OF those who believed
the Legislature could not change the law, merely be-
cause was incorporated in the act granting the char
Ter to the Bank. He believed the Legislature might
repeal or modify the law to vest the appointing
power Of the directors elsewhere than IN the Go
vernon. But do gentlemen, by the resolutions on
your table, propose TO repeal modify the law
Not at all but leave Just it stands and at
tempt to control the Governor, at least influence
him in its execution If the Executive has the respon-
sibty of executing this law, in the name OF justice
leave him free exercise it according to ls OPINION
of proprety Do not limit the field within which His
Excelency is to select the jury. He might not be
able to find rood men in the whole Commonwealth
who would be willing to give him pledge TO vote
against DIR. Brockenbroush He might be driven 70
select from among poisoned political opponents winch
rood men ought not to desire But il has been again
and again reiterated on this floor, that we were the
jury before whom this Bank President IS arragned
God forbid sir that we shall ever the day when the
House Of Delegates of Virginia will resolve itself into
Jury Of criminal jurisdiction. We, sir, have had II,
tie history Of the country from which we have inherit
ed many of laws and usages, sad evidences OF the
improperly of political bodies exercising jurisdiction
the lives, property or reputation OF individuals
Look if you please at the long list of attanders and
conscations be found in the records of the proceed
ncs of the British Parliament. They stand start
ling monuments Of oppression and cruelty, exercised
first the sde and then on the other as political
ascendancy gave the power In all Tree Governments,
there is and always will be- part;es-dff erences Of
opinion, both about and measures. But he (Mr. }
had hoped the day had not yet arrived in this our be-
loved and yet country, when meagtc (and he
hoped temporary minority on this floor shall be called
upon break down the sacred barriers Of the Cont
tlton invade the prerogative of coordinate branch
of our Government and demand the sacrifice OF an in
d;vidua on the ground of party. He said gentlemen
spoke of this House being the guardians of the WI
dows and orphans who depended on their dividends
from this Bank for their annual support Mr.. b. SAID
he discaimed being the guardian of these widows and
orphans in n pecuniary He doubted not, how
ever that there were many gentlemen here who
would not be unwilling to become their guardians -
He thought snch gentlemen had better visit those
ladies' and after settling the prcliminaries and gong
through the proper ceremonies become clothed with
the legal guardianship, and then in the, meeting
of the stockholders gentlemen could properly repre-
sent the interest of their fair constituents, and help
in the election of the FIVE Directors annually cho-
sen by the individual stockholders. Would gentlemen
be good rccolect that those individuals about
whom they express such solictude, had had meeting
since this very subject under discussion in this
Hail. and by an almost unprecedented unanmity, elect
ed their Ticket Directory with DR.. Brockenbrough
at its head with view, he apprehended, of letting
those selfstyled guardians know that they could at
tend to their own interest? Mr. B. thought gentlemen
had better withdraw for the present their supposed
guardianship those fair constituents and attend to
the public interest on subjects general legislation
Gentlemen had thought proper to sound the bugle
dard those opposed to the Banking System, as it now
exists in this country. He said when that subject
came up, he would be Gonnd among the foremost to
obey that ca and be found rayng TO the standard Of
reform but, for his part he could not see, for the life
of him, what reform introduced into the Banking
system by turning one President out, and putting