Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-25

| Mr.. SCOTT, of Fauquier. agree with those gentle
men who in favor Of the cearest definitions OF TN
powers which are be conded 10 the chief magistrate
this Commonwealth and agree, also, that we shoul'
leave little possible individual discretion sinai
vote therefore for the motion to strike out but none OF tn
propositions with which it is contemplated to NIL tn
blanks exactly meet my views am unwilling to con
fer upon this officer the power to call out tho miitl
whenever in his judgment, the public safety may II
quire it, Such grant of power it seems TO me. carrie
with j; limitation whatsoever. lie VIII be mace III
Judge If the occasion; hc will determine for hlfse
when the public safety may require the cmbodyihS a
the militia. do not any necessity whatsoever ]"
clothing him with this br"ad power. | am Wiios !
clohe him viii the power to call ont the militia al u!
State in certain cxgenccs, and sec no dtnculiy what
soeyer in defining in the Constitution Itself u plan
terms the cxgcnccs in which the power shat. be cXer
cised think he ought To have the power to call out III
militia to rcpe INVASION whether that invasion be &C
tual or threatened think he ought to have the powc
to call out the militia to suppress lnsurrscton Wnetne
the surrectien he raging. about To rage: think ~
ought to have the power To cali them out Ia enforce tn
law and he ought to have this power irrespective" IN
Legislature 1t Is impossible organize an executive &c
p'rment with proper efficiency 20 meet the emer."'icit
Of the State uncss cloc that department with ron'
discretionary powers. We must conde some trust to ~
but there Is trust however broad or however limited
winch II will not he in his power abuse. THIS danger
however, mast encounter whenever vest authority
anywhere. If We empower the Governor tn call oil tlt
militia To repcl invasion, To suppress insurrectio ao
To execute the law why is il necessary confer p
on him any further powert VIVA: case can arise "ha'
case is il probable will arise other than those enuIncra
ted. which will Justify the Governor in calling oui the
military Of tie State. do mol think ought To leave
these things 10 Legislative discretion ii YOU adopt the
suggestion Of ms friend from jefferson, Dir HUNTER
and refer this matter entirely To the legislative Depart
mca;, what mus; that department do What authority
Mus: j, confer the executive branch ot the govern
lneuti Must il withhold all authority until the case
for its exercise shall arise Must it withhold the power
to repel invasion until invasion shall come ana TIE ie'
gislaure be convened to consider oil IT Must IL WIFI
hold the power suppress Instruction until in'u'Iec
ticn RACES and to execute the law until the law
ed Is 1t plain every one that there are
requiring prompt action: i'ronipter action t''' Il
would lie possible obtain ii these powers Were u ID.
dormant ur,il called into activity by special ac.s oil ~
.,..a,ou What danger en- thcrr he III comforting The
power upon the Governor app:ehend that lhe ease
pi by nv friend from Accoimc, Mr.. "isE.) Of u'
marching Of troops of the United States through the Ter
ri!ory Of Virginia, could not by any construction NJ
rize the Governor to call the militia under the plea 81
rcpellns IN invasion whereas do see that such m &C,
casion might very readily give tie opportunity to call
out the militia under the prctcxt that The pubic SAFELY
rcan!redit Ii would be invasion if the troops 81
the United States under the authority Of the United
States were to march through the territory o riaa
ANY destination, for purpose but uIo:tc r..
ton Of tho gentleman from .iccon:ac repca; that =
mi.l well b. considered by Go'crno holding l"cil-
liar oI,ino..s As an occasion Upon which the oib!c saei,
III this Commonwealth might require the military !'cr
tn lie embodied. am for striking oGi, therefore, i''e
words from the committees report. nm lo taxing
from the executive officer this broad dscrcllon-a ia
cfction which III my Judgment would cl"tle hn viii
unlimited power Eut if the report be amended :" y
10 specify the occasions upon which The power Is H.
TO DC exercised, and the specifications be limited 10 'e
Gases of INVASION instruction and execution t" the law,
-ha have lection whatsoever - II. am WI
mot lWrr %
rate however he H. appointed whether by the Popl#T
y"." or by the legislative branch because thus limited
do uot arprchen! that it i 4 power very liable I"
abuse. do moi know the precise terms oi The a.'n!
mcnt proposed by Tie .c!lti,nAa FROM hamwia II
SMITH but infer from the discussion, that he lro"-rs
to strike ont those words from the report. and supply
their place with others which will limit the power to
call on. III. Il;, in where il shall he Necessary
To rcpcl invasion suppress instruction, aud execute the
law. 70 that cx,ei! concur in IL" amendment, i'u;
there Is no occasion 90 further W" need say nothing
here ii the legislative i lnrlmcni. II IL were proposed
10 define the legislative power. and declare that tie l.
eislarr department If the government should exercise
10 other power thaI such stall be specially granted
Tx The constitution there M, ht liz pr"prirty in
that portion of the amendment which con- plates csn
fring power in respect to TIL, subject upon the iel>
la,r- bat apprcicnd that i l. not proposed I" 81
tempt define the powers oi the Legislature. and all
that We mean de- i, t. place certain restrictions upon
their exercise leaving the legislative department to
"a in this or the constitution Of the United States But
in respect to the executive department, design
proceed upon different principle, and to den" in clear
and precise terms all tho powers which under this
that department to exercise and not permit
exercise any power howeve! executive IN It's nature
il ma; Le unle,s conferred by he constitution aci
u legislation Therefore a. said before. ain III favor
Of striking from to report o the committee the o'cc
tionable words hecau,e they confer aud unlimited
discretion upon tho governor md to substitute the
Ell 81. H. zI.lIl ...
cali out the militia rspel invasion, suppress insr-
rcc;iun, and execute the law.
Mr. SMITH, of kanawha. There is IN objection taken
BIZ the gentleman from Fnuquier to the latter clause of
the amendment, which objection seems to be founded
upon the opinion that it gives power than ought
to H. given to the executive Now, | insist, that
the latter clause referred IT, Instead uf comforting
power upon the Governor is limitation upon it, III
YOU strike it out you leave the Legislature full power
confer such authority upon the Governor a. to them
NAV seem proper. All power not withheld from the
Legislature by the Constitution is undoubtedly returned
by and vested in that body Well now the Legislature
may grant general power to the governor in tlca' mat
ters and thus is intended to restrict the action Of the
Governor in every instance where the power is not Civ
en- especially and in reference tn an especial ii Is
designed as limitation upon the Governor and to dc
ny him the right of exercising any power granted by
the legislature. which Is not specific in in terms Hence
il is not an extension Of the powers of the Governor
understand il. The legislature may do wrong, they
Il
or in this matter but under Til, clause Of the Costita
ton the Governor would not BE- at liberty to exercise
any such power because it would not be specifically Civ
en- This wa. intended to be the effect of the amend
msnt. 1t drawn up by me hastily. have par
ticular parality for its phra,colosy 60 for the sub
stance and any proposition that can be offered, which
will attain the result desired will be equally acceptable
to me Ny desire is to guard against results which
haye supposed, need only to be mentioned be
and observed by ALL This to be the desire Of all
who have spoken here and | repeat, ! willing To
agree 10 any amendment which vii efficiently limit this
immense power. 1t is power Of peace war. and Il
power which may dissolve the Union and that certainty
is power vast and momentous in its consequences
to be placed in the hands Of any man.
Mr. EDNUSDS. The scntlsman from Fauquer, CIR. |
Scorr) comedies more nearly with my opinion,
this subject than any gentleman who has yet spoken.
He is opposed to mingling the three departments Of
government, though he Is disposed 10 permit the legis
laure to specify the i'll which the Governor May
call out the militia. Now, in the three If which
lie speaks, suppose he to leave ii discretionary
with the Governor when he shall call out the militia.
For instance when in hi, opinion invasion il threatened
he Ma: call out the militia. desire to know what is
the understanding fth gentleman, because am anxious
81 L., n,,l,., ID, IL. l.