The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1855-10-12

AUsrRtA.-Tbe Austrian Government organ at Vi
enna stales, referring to Russia aud the Allies, that
the new state of things may give occasion for di
pomatic contest or sansuuary strife between Rus
sia and the Western Powers, but will in way af-
feet the mediaiory attitude OF Austria.
On the 10th, the Russians were fortifying the
Forth side oil oebastopol, and constructing new bat
tfrles.
The French were advancing their cavalry and in
iantTy towards Bakslnzal
f "A fearful tempest mad occurred al Seoastopol oi-
lswed by heavy rams.
Sebastopol is TO be razed and the basins filled up
BeCEs5OEa Of gsse Supreme Court
r)=- RI r.lla:, H. C-
- i"e ioi'"" my "eO'N'oii " ''ie 0"P e'"s
Court of Pennsylvania. IN the Adlutant Gener-
s, - -, ! t;4 - RJ4 ~ - -,
q N'N' "' '''N''0 - % J 4'0i',"J ''N 10 i"''
ae Sunbury, Pa,
#c.,,t II; ci;,.- r.,
Z : W o - -. -, pi,a,i;
>''' - an"
LEWIS Gil. J.--lhls Is an application for man
mus TO compel the State Treasurer 10 pay the rea-
ter the of salary alleged 10 be due 10 him
Adlutant General OF the Commonwealth
Inc parties have argued the its facts and
fherits without requesting an ISSUE and we proceed
Ii dispose OF 1t accordingly.
The obiecffons 10 the Maudamus are
IL. That Gen. Bowman was not appointed for the
tsrm OF three wears but only 10 ill the vacancy oe-
cAsioned by the resignation of Gen. James keenan,,
whose commission expired by its own Limitation on
fie ii Feb 1855
81 That Gen. Bowman omitted to give security
er the faithful performance OF the duties of the Office
AID therefore Governor Pollock on the 3i February,
1850 removed bim and appointed Thomas J. Power
ls successor who has ever since performed the du-
tfes OF The Office and received the salary
III does mol appear 10 be ayerred IN the pleading
tfat Gov Pollock removed the relator because lie
oVliited to give the required security. Nor is any
oer cause OF removal set forth. 1t is merely plea
dkd that he failed 10 perform The duties OF the office
aud did not at any time give bond with oneor more
slsthcien, sureties &c and athersDpon' he was re-
fpyed. No neglect OF duty is specified, except the
failure 10 give bond aud from what seemed To be ad-
taifled on the argument other neglect OF duty is
rfetended. No removal is shown or alleged, except
fhat which is implied by the simple appointment OF
tuccessor And when. II Is seen that tins took place
Oh the day after Gen. keenan's Commission expired
bf lis own limitation il is but fair construction of
ftse act OF Gov Pollock, to hold that he intended
r,5re than the appointment OF under The
lthpfession hat Gen. Bnwman's appo.ntmen had ex-
pJ5 i'd BY It's own limita,ion.
sAe unwilling 10 believe that the Governor IN
IL lthe,r esse to yeFaoyr appointed
for a term oil years before the term had expired
That be possessed the power OF removals. conceded
but the power Is 10 be exercised fpoH c@~se Shotee
Ii exists only where 'sthe eiicef ias and negects
iaThully TO perform the duties oil his oihce. II Is
true that the EXeculave Is made the Judge and that
bis .opnion' juginen, is conclusive far as re-
hes 10 the question OF removal. But that ludg gmeHt
is not to be pronounced without notice, without any
Charge specification, and without any opportunity
gwen To the officer make his defeuce. The repu-
talion and the right OF the incumbent 10 the Office
for The Term specified in his commSslon are lHvov-
ed; and he has right TO know the accusation and TO
be beard in his defence. The present Executive
derstoud these rights too we and appreciates them
TOO highly 10 be guilty OF violating fhem ii he was
on his trial before ihe Senate mpeac Tor do
;ns so, it would be difficult 10 covncsany one that he
intended 10 commit auy such act OF oppression.
The adnointmert OF Gen. Power would be under
stood there as il should be here. Il nothing
than an appoutmentto fill vacancy supposedto exist
II the office. The act OF Assembly requires the Ad-
iutant General 10 give boud 6ore he enters o" the 4-
fteS Of his office. SO that the giving OF the bond Is
rot an c,ai aty but pyeifmaayy 10 entering rpm
ohrj4I dntfeS II is made so by the very section
which gives the Governor power remove for ne
alect oil official duty. The omission to give bond is
therefore not uegect OF oiic al duty for which the
(overnor is authorized 10 remove an incumbent du-
Iv commissioned for a term of wears This power OF
rr,noyal IS a specal authority and mist be strictly
/ nursusd
II ,,as not pretended at the argument that there
y.as a,,, o,ber removal Of Gen. Bowman than that
,yh,rb NAV be iupled from the appointment OF Gen.
poqar In >attins forth that appointment il is not
avarrad thai II was intended as removal of General
Boyma or that any notice OF IL was given the lat
/ Ter for the purpose of terminating has authority.
Where an office is held during TIE pleasure OF tie Ga-
y9iuiig po,eer removal may be either cypress, that
/ Is by notification that the officer removed I'M
,gied nv 1he appoIntment of another person to the
/ an. otfee bnt il has been decided that in either
case the removal is not completely effected until no.
to- a1tnalIv renewed bv The person removed An
office held dx,t1g pteasnre is not dlstinguIshable
from other cases o revocabe authority. The officer
has authority 10 act uni n0ttce of ocaon. Bow
srIa,,e ~ Norrs. Wallace u S. Circuit c. Rep
/ 124. Cren vs. Yernun Gro Car. 81; Ven 400; ) P
tgo Iol. 10 YIN Abr. 451; nj 3; Rep. II; Gro Elz
/ An. n II "A Peters 26O Bng 602.