Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1826-01-21

and TO his Creator, 10 support ana pre-
serve. AS to the remaining branch OF
the question--If the appointment was
void, because not constiiutionally made,
whatever might have been the Secreta-
RVS duties, he cannot be called on now
to affiix the seal of state TO void COM
mission--which disposes OF that part OF
the question proposed.
/ The second point under the division oil
the first question, is now TO be considered.
Has such appointment been made by a
power competent to exercise the right oil
appointment at the time OF making 1t !
In the examination which might be Civ
en- to it, the construction OF the 18Th Sec
ton of the Sd article OF the constitution
of this state is to be considered. That
declares, that " in case OF an impeach-
"ment OF the Governor, his removal
from Office, death, refusal to qualify,
resignation, or absence from the state,
+" the 1t. Governor shall exercise all the
"power and authority appertaining to the
" Office of Governor, until the time point
4" ed out by this constitution Tor the cleo
" ton of Governor shall arrive, unless
"the General Assembly shall provide
" by law for the election Of a Governor
{" to fill such vacancy" On the argu-
ment, the question 50 lar as 1t regarded
the construction OF this section OF the
constitution, was declared 10 be politl-
cal one; and it was said that II was real
ly question between The people and one,
who having laid down his OFF, could not,
under the constitution, re.tn'er upon 1t.
/ this be the true state Of thai part OF the
case, and it be in fact purely political
question, betw cen the people and their Ex-
ecutive,, hisCourt,I ara constrained to say,
cannot interfere and decide it. This Court
was not created for such purpose, nor
can its jurisdiction ever be properly ex-
tended to it. know of no principle nor
precedent which could justify this Court
10 settling such controversy. lis Ju-
risdiction is confined to Iudicialqnestions,
arising under the laws and constitution q
this state. But whether this be po!iti-
cal question or not, it will not be neces-
sary now to decide. II the appointu en-,
was not made conformably to the provI-
sions of the constitution, and | am clear.
ly Of opinion that it was not, or II should
appear tina, question oil magnitude, and
one directly affecting the rights OF third
persons, who are not made parties to the
proceedings, are in collateral way to
BIO dec ided, this Court will not give
decision which, in its result is 10 produce
such consequences. The question to be
decided under this view OF the second
point considered, if it were decided, is no
less one than this-whether the Exc
cutive of this state did, on or alter the
18th Of July, 1925, absent himself from
the state, and whether he has, by any act
of his, declared that absence to be OF sucb
a character that the duties of the Exc
cotiye did constitutionally devolve upon
the Lieutenant Governor and whether,
10 pursuance thereof, the Lieutenant Co
vernon did enter upon such duties, and
having SO entered, for what period of
time he shall, under the constitution, re-
m ain in the exercise thereof!
II ! fell it to be the duty Of this Court,
in the present case, to decide question
Of so much moment, and IL was placed
before the Court in an attitude unembar-
raised by the difficulties which al pre-
sent seem to cover it, should, as q mem
Der thereof, feel no great hesitation in ar
irving al wha, should deem correct
conc fusion; and no consideration OF con-
sequences, which might result from such
a decision, if it were correct, would inn
pede me for moment from pronouncing
what l really believed to be the right and
the law which governed the case. The
considerations as to its results, could not
weigh with me; and however unfortu-
nate il ,night be that an occasion had ari-
sen, in which a question OF SO much mo.
ment had to be decided, affecting the
rights OF individuals claiming 10 exercise
the highest Office in the gift OF free
people; and whatever might be its re-
suits, as to the one or the other, il could
form no Just reason for avoiding the re.
sponsibility Of decision. Bat when it
is perceived tina, grea, and highly inte.
resting interests Of parties, who are not
parties to the proceedings, would be al.
frcted by the decision, and tha, too where
the decision Of the real question before
the Court, does not render it necessary,
l ough, surely TO pause before should
give an opinion which might have the
least tendency to PREJUDICE the rights Of
those individuals. If the real question
thus asked to be decided, in a collateral
manner, did not involve question Of the
highest consideration, and which it may
be sunnnsed the nennle have. by their