Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-27
THE STAY LAW-Proposition.
are indebted 10 the Acting Governor for the

following reply TO the citizens of Nelson county:
EXECUTIVE DEPARTMENT,
Richmond, May %, lsd2.
To Col Charles Perrow, Col. James billiard, &c.
Gentlemen: Your letter and the resolutions adopted
by respectable meeting of the people of Nelson coun
ty at their April Court have been received. | have
read with great interest your letter and the resolutions
and whilst | agree with you, that at is not for any
slight or trivial that, the Legislature should be
convened in extra session, but only when great evil
presses upon the community, and when legislative aid
promises beneficial results" yet differ with you
to the propety of converting the Legislature for the
objects Indicated your letter. and forth in the
solutions of the meeting You say, THE question
then arises, is great EVIL depressing large por
ton of the people, and can legislation relieve them; :"
You then proceed To the first part of your pro
posltlon and say, "that the people very largely in
debt that all kinds Of property are extremely low, SC.
These things all known to the members of the
Legislature whilst they were here in regular session,
and they then had under consideration the proprety OF
doing what the people of Nelson desire TO
them to do. The proprey of the passage of Stay
law for executions and deeds in trust, and 10 allow the
banks longer lime 10 than that now fixed by law,
soemnly argued and deliberately considered by that
body than once and it determined that it was i'm
proper 10 do either. Has any new evil arisen since?-
Are the people in debt than they were them
or, their debts pressing them now, than it
loreseen then, and told they would | presume that
so far from any evil having arisen since the ad
Journment of The Legislature consequence Of the
Indebtedness Of the people, much OF the indebted
which then existed has been discharged, that
the argument bsed upon the Indebtedness OF the people,
is less strong than the time the Legislature had
the subject urder consideration. Suppose was to &C.
cede 10 the request of the people OF Nelson, and convene
the Legislature for the purposes set forth IN their reso-
lutlons? The persons no were together as men,
bers last Winter, would come again. should have
brought them from their homes al busy season OF the
nj urent incon yenlence many them
andexpense TO the State merely to revise and reconsider
their former acts | should have nothing new 10 com.
mnnicale TO them. All that could do would be, TO
tell them, exactly, what they knew when assembled
before that the people were greatly embarrassed by
their ebedncss, and that some OF them desired the
passage Of stay law and law allowing longer time
TO the banks TO resume than that fixed by law To
which, think the members would respond as they
did at their regular session 10 the petitions OF the peo-
pe-thai they would pass neither.
What, then, ought 10 do; Continue 10 call them
together II seems 10 me- that could do nothing less.
And yet think such would be utterly destruc
tive of our Institutions My opinion Isl that the trainers
of our Constitution intended that the Executive
should in any interfere TO control the action oil
The Legislature. They gave him power TO veto
law nor the of the Executive at all necessary
TO the enacting Of law and yet if he has the right TO
convene the Legislature to and reconsider their
acts, he possesses light which 1t exercised might be
much more potent than the veto power. Suppose the
Executive
jec or repealed which had been passed All that
he would have 10 do would be TO say that he thought
the law he desired passed would be highly beneficial TO
the people, or The one lie wished repealed would be
preiudicial 10 them. If the members Differed and re-
fused 10 comply with his suggestions, The instant they
adjourned them to pass or repeal the law which
they had refused pass repeal the might be,
and so continue 10 do. The struggle would no doubt
be severe at first between the Executive and Lee
gisa,ure but the members of the Legislature would
be forced TO pass repeal the law, or continue always
session, least during the period that the person
who might chance at the time to be in the Executive
Office should continue there. think, if Executive
were SO to act that he would be liable to the severes
censure and punishment which could be inflicted on
him. Il is true, the power IN the Executive TO convene
the Legislature is unlimited. 1t must necessarily lie
So would be impossible Tor any trainers of Con-
still uon 10 foresee and provide for every contingency,
which might arse the State TO render the converting
of the Legislature necessary and think have shewn
tina, as much injury might result from improper ex
ercse of the power could result if the power did not
exist My opinion is that the power to convene the
Legislature was never given TO the Executive, as
mean in any manner enable him TO interfere with the
action of that body either directly indirectly. 1t
only given prevent injury to the people from the
happenng of some emergency which might arise dur
ing the recess of the body, and which could not reason.
ably be anticipated by it when in regular session, and
for no other purpose.
knowing do, that The very subjects, which you
renuest me TO convene the Legislature 10 consider Of
were considered by it when in regular session, mus.
decline complying with the request.
must ask you the organs OF The meeting whom you
represent, to make my determination known TO the
people of Nelson and in order that they may be known
to the people Of the State generally, shall cause this
letter TO be published at this place.
am, most respectfully,
Your obedient servant,
JOHN NJ. GREGORY.