New-York tribune., 1842-03-26

Veto Of ,is.. Bank Commissioners EiIl.
MESSAGE FROM THE GOVERNOR.
EXECUTIVE CHAMBER, March eth 1872
La,, un!er consideration hin entitled An ac,o
cagetde manner Of appointing Bank Commissioner and
proposes tho Commissioners sLal! hereafter be
pocied by the Legislature In the present. ioe o. appoint
nen, the Governa dominates those Officers ne senate al
and approves tsaowS; wiil- the Assembly has
~ voice m. proposed change would, therefore, relieve
Executive 81 responsibility ds"oved upon him By c1-
San@ laws, aud an2nent the Official patronage OF BON
Houses OF the Legislature.
Fre.iouyl 10 1921 the appointing POKER chiefly vested
ii Council or Appointment which consisted OF the GOV
and Senator from each District apPo,ed n ne ne
Assembly The Governor had voice in the Council L,e
Assembly actc only indirectly and senators not n.toei
Of the Council had no agency IN pontmsnl d a r
Of proceeding therefore, E1ecuilse ana res "
cusYelg Legislative than the form proposed IN ,h p
',!L ir' he nngng OF pohca! paronasi ~ - CD Ga
duties IL very Guarded HlI' ltcaiNe 70 oi'
,,, CGrs,i,aon Inc Council Of Appointment was abolished
vith great rnanm;y The Legislature vas CHARGED NTH
The responsibility appointing only Senators IA Congress
The Comnjs,a-y General and several high administrative
officers Aa,IdcaI Offices made elective. the Judi
ciary and local antoftewce feGu!redlo fl differs and
RIO :,D.5iiin po,v,. coulc1 The Gov
Tnor acting Lay with the advice OF the Sen
ical Interests gsiil legislation. declared that no member
OF either House SHOULD receive evil appointment from
period Eiecofs President and vee-Pre,dent 81 tax
United States regen,s Of the University an'I Canal Con-
Within The twenty wars which have elapsed Con.
stut0n was adoi. tie Legislature lias, obedience 10
e xfe5ssa @,o aa .i a, ' p Po m s ls q
Eecte Of PresIenr and lce. President and has rot unl
oUrit,o h. increased.
lfieno; necessary to sist Ira, the power appointing
vested. contrary, present duty will be performed
1t sl.all appear tia ,tc present mode OF appointment,
preferable 0lI!ot which the Legislature propose.
Wfso appointing agent must be Introduced between
The People and public uns thai agent II there be no
special reason t contrary OUGHT 10 be selected from the
,pamceto ellci IN, duties re!ateshonld Leheld rigid
irresponsible, aH be Sccur-da as nr possible against;;n
tbeInnes ,l, Legislature make laws, but rot
them. II SHE constitutional du,y OF the Governor
may be resolved upon by the Legislature" and
take that the laws faithfully executed" The
laws il vested in the Governor Incidental TO
s Gice magistrate, while such power is limo
Legislative attribute The Government in which the
agent makes Tie laws and executes them directly by sub
ordinate ana dependent agents i. not Republic nor De-
'nGcracy bu an Oi"arcly Despo.n, where the union
ofiegislatyc and executive functions iupar the equal
gti and sanitary exercise ofboi, and Invariably results
corruption Of the governors and oppression of the gov
erned
lrmaIjns appointments the Legislature anenahlc
any tribunal, lis members collectively accouEta
bic Tie People Responsibility is divided among
hundred and sixty persons, each o Who's answers after
lapse one. three four years. Only local cotii
cnts, and mol 10 the whole People while the exercise OF The
possG! either pLGn,ces The popular discussion Of purely
fails to receive due consideration.
The Governor the contrary responsible 10 The Leg
peacbnen,s ard answers bienniay il The elections loeycr
citizen the State He must answer for every into
ernsc be may in'ict and every citizen he may offend
bin. al tie polls. With only the limited legislative
powers OF recommending measures and insisting that any
bin winch he may d,approvc shall not become law with
the wothrs OF the members both Houses:
ard hayin" only right OF nomination in appoint.
ncniSto Offices chiefly judicial and miDistcral-wi yciy
restricted power removal he no! only held more ridly
responsible Tho legislature bu, i unprotected and m
supported IN performing duties rs comprehensive as the IN
tee,ts the State except he may deserve and sernr tho
confidence and favor OF the People The Legislature la,
long sincewlrtrisisc unw cly now urnecessar,
dscussconycr.d the department, Of commerce which
constitutes banhn monopoly granted by charters 10
favored corporations ana to associations complying will
terms prescribed by law has Delegated 10 the Banks The
great franchise % supplying currency and has established
laws for their rGguaiiot Which, may be permitted here 10
repeat no. vel sufficiently rigid 10 prevent pvaSOn
frauds pusicc and oppression It's the peculiar duty
The Bank Commissioners enforce these laws Surely The
immediate supervision OF the Commissioners mag
leral snno sense legislative although the great
o the public welfare the Legislature inuir,
how not only the Commissioners but also The Governor and
all maglslerai ministerial, and even judicial officers perform
their duties md wteney necessary NAV and oug H.
put forth much oft, almost unlimited po,sei may be
required 10 correct any abuses wlc may bedhGovcrrd-
Nevertheless. by distribution proper Responsibilities,
among The several departments and their regular actor
without mutual enfinac,net that good laws secured
truly expopuded and faithfully executed
To separate.the Treasury the Ex.cu Depart
Incnt The purse from the sword our Constitution unlike
thai, OF the Uated States devolves upon the Legislature
exclusively oil the Executive the appointment not only o
the Conssary General, who has custody OF the military
but also of the omp,roer the Treasurer the Sec
.etarv of State, the Attorney General and the Srrveycr
General who constitute tie fiscal administration There
IN unavoidable communication between that fiscal admins
lgaon and the Banks; and the relation on mu,ual!
useful but favorable ao 10 the general prosperity when
their operations neither hostile nor inernnscd The
Bank Commissioners stand between the Banks and the III
cal administration, O the rights and Interests OF
the People and acquire much independence from the
aer other appointment The bill under review proposes
10 tranS,fhe power OF appointing ana removing ths9 ON
to the same hands which confer the banking privilege
and The fiscal iruNs ana would thus bring the Banks and
The Treasury into close conjunction with each other ana
,rti the Legislature Suc conjunction be
tcmratcd without approximations Tor the public credit t,
Ubiic morals aud th successful industry OF fellow cii
Our sister state Pennsv vania has tried such
Iecton She has exhausted the banks hy eXacting pecC
iry or imprnvjdcnt grants and for licensing viola
lions of contracts: and the trns seen III her impaired
credit and her banks sinking after anee ato hopeless,
insolvency. Even Tins STATE the banks aud the fiscal al,
aiAis,raton sufficiently convergent; since the one
and the treasury horrowS the safety undthe properly
che banks and the reliance OF the Peopea'd tie manage
ofihe free banks assigned bureau the Office
public moneys have been entrusted banks, several
which are ir>olven others embarrassed While tie
Legislature questions OF finance are seldom discussed with
cut qfc'ent regard to the opinions and interests OF asso
Ciated capitalists.
The Bank Commissioners have only extensive powers
regulating The banks hu: the accustomed organ oi
communicate on between those institutions and the LcgSa
The designation OF persons Tor ,os. Offices
vousy IN erca' TO he banks That Tor ten years they were
allowed 10 choose two thirds OF the ComHiSsion-Tbe bill
under consideration would invite the banks The, Cham.
oerS OF the Senate and Assembly and since proposes
ua appointments, that visitation would be regular as the
assembling OF the Legislature Experience early be
deSpSed and too he forgotten warns us against
such proceeding Our judicial records legislative
Journals bear Illuminating testimony Of The corruption
presentaves OF the People; and m forgotten
The Governor pro!o"ued the LEGISLATURE the
undue Influence OF applicants -tor hankin: privileges that
the People for like purpose abridged the power
create corporations and tia subsequently, found
open the banking inonopo, tya general aw
authorizing the formation unncorporatt banking a>>ocia
lions Suspicion Of yielding such appliances has not
reached the Executive authority OF the
the confidence which an enlightened ropl are accustomed
20 repoSe III that authority, shall prove 10 have been mis-
placed, they viii have prompt and eectna vnlcalion in
the legal convection and expulsion OF ~ unworthy Mags
uate andthe endurn" inony whciwillret upon his
These views induce 10 suppose ,list the proposed
change, So Tar ion being beneficial, would be deeply nu
roUs 10 the public welfare and less harmonious with the
spirit OF Consultation than the existing law They are
moreover Snc conscientious a nav, may haX