The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-12-20
LOCAL MATTERS.

A LETTER FROM THE GOVERNOR AS TO How
THE CANAL. BILL WAS SIGNED.-Immediately
after the bill giving the canal company the
use OF the convicts was passed It was OBJ
tanned from the Keeper Of the Rolls by Ma
ior Johnston, the energetic president OF the
company, and carried to the Governor, and
by him approved, notwithstanding it had
not been enrolled. This matter is now be-
fore the Senate for consideration on the re-
port OF committee OF investigation.
The following letter Is submitted, with a
number OF Others, with the report:
EXECUTIVE MANsI0N,3
RICHMOND, December II, 1877.
John Bell Bigger, Esq:
My Dear Sir,-Your unofficial and per-
sonal note OF this date appeals to my eour-
tesy for information touching the practice
of the Executive in acting upon bills after
their passage through the General Assem-
bly,.
While I very cleerfuly recognize the
right OF the General Assembly, and each of
the honorable bodies composing it, to in
terrogate the Executive in respect to all Off
cia matters, do not acknowledge that any
less authority can subject this department
to inquistion, or demand answers to Ques-
tions relating to executive acts.
Under the statute nothing less than res
olution Of the Senate or the House OF Dele
gates can open the executive journal and
cause its contents to be disclosed. And I
am bound by the Constitution to maintain
the independence of the executive depart
ment, and to preserve its coordinate and
coequal relations with the other depart
ments.
Nevertheless, ] have no difficulty in re-
spending TO your personal appeal. Having
no cause or desire to conceal anything, it
gives me pleasure, unolically, informally,
and without reserve, to comply with your
courteous request.
Your own recollection will sustain me in
saying that in the course OF my official
term / must have approved scores OF bills
before their enrolment. The Constitution
simply requires that bills which have passed
the Senate and House OF Delegates shall
! be presented to the Governor; and being
so presented, it thercupon becomes his pro-
vince to approve or disapprove them. If a
bill is certified as having passed the two
houses, either by the presiding officers OF
by the respective clerks thereof, it matters
not in the least whether it is presented in
the form of an cngrosScd or an enrolled
bill, and act upon it as rightfully and as
readily in the one form as the other. |
have approved bills of general importance,
among them what is known as the
Motfctt liquor-law, in their engrossed form.
A few days ago an unenroled bill was pre-
sented to me, the object OF which was to
change the time for holding court, and to
dispense with term which the precXisting
law required to be held very shortly. 1t
was important to give effect to the new law
Immediately, so as to prevent the unncces-
sary issuing OF process, and so save need.
less expense and Inconvenience to the peo-
pie OF county. When that bill was pre-
scnted to me in its cngroSsed form l incline
to think the ink was not dry with which
the certificate OF tS passage vas written.
| signed it the moment | read it, and in
doing so acted in harmony with the legis-
lativc design to put it in operation as
quickly as possible.
But it is needless to multiply instances.
1t is well known that ever since the Constl-
tuition took effect it has been the practice OF
the Executive to act upon unenrolled bills
when presented to him. The practice con.
trayencs neither the Constitution nor any
provisions OF law, and the Legislature has
acquiesccd in it, and at least tacitly ap-
proved and sanctioned it.
Very truly yours, JAMES L. kEMPER.
/ The recommendation Of the committee is
that the law be so amended as to require all
acts to be enrolled and examined by the
committee and signed by the presiding
officers OF the two houses, and then ap-
proved by the Governor.