The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-03-16

The appointment by the Governor of the Hon
James Morrison Attorney General of the State
under the recent act of the Legislature creating
that Office, and the refusal Of the Secretary Of
State to allow him to qualify and assume the
duties of the place, have created a good deal of
speculation and discussion away from home as
well as at home. We have not alluded to this
matter before, because we had no. learnd the ex-
act situation OF the matter, and were unwilling to
comment on 1t with an imperfect knowledge of
the facts
We are informed by good authority that the
case stands about thus: The Governor appointed
Judge Biackford the office first but afterwards
withdrew the appointment. and transferred the
commission TO Judge Morrison. The Secretary
of State, Mr.. Collins, at the time of issuing the
commission. doubted the validity Of the appoint
ment, but was not sufficiently clear on the ques-
ton TO decide to refuse it. Further examination
convinced him. as it must any candid man, that
the appointment was unauthorized, and when the
appoIntee presented his bond, and applied TO be
qualified. he was refused. In this situation the
case now stands. Mr.. Morrison has his commiss-
ion. such it is, but the Secretary refuses to re-
ceye his bond, and of course be cannot enter on
the duties OF his Office.
The course Of the Secretary has not been taken
with out due consideration. and we think very
short examination will satisfy any one that his
course is the right one. The act creating thi3
office provides in the first section. ID
THAT there be elected BY joint ballot Of both
Houses Of the present General Assembly an
Attorney General for the State Of Indiana, who
shall hold his Office for and during the term Of
two years
The 9Th section says
As it is contemplated by the provisions Of this
&C. to elect an Attorney General at the present
session Of the General assembly, an emergency
for the immediate taking effect Of this act is here
by declared to exist. and the same shall be in
force from and after its passage.
The Office, it will be seen, should have been
filed by the late Legislature. The last section
declares an emergency" which puts the act into
ly the office was in existence the moment the
Governor approved the act. aad the vacancy COM
menced with the existence Of the Office. There
was vacancy "happenin2 during recess of the
General Assembly" which alone the Constellation
empowers the Governor to fill. There was not,
in the sense Of the Constitution, vacancy" at
ALL for the failure Of deliberate purpose to fill An
office by the body alone empowered to fll it, csa
not be considered vacancy hoppeni.g.' by any
degree Of rnisconssruction short of downright
nonsense. There was no occasion for the exer-
else of the appointing power" and the Gov
ernor has exceeded his constitutional right in ex-
ercising it in this case, and whether wifully or
iguorantly, we care not, has been guilty Of n
usurpation which Mr.. Collins acted wisely and
legally in resisting. -
1t may be = serious loss for the State 70 Be de-
pryed OF the services ofan attorney for two yeass
but IS she has managed to worry throug6', ~
far without them, we anticipate no serious d.
rangemens OF her Affairs fromis now But what
ever the loss, is % well compensated By tI check
thus promptly sad decisively placed on m act o(
Executive usurrason which. ifis pass unresatted.
could Be made q precedens .nd prsse1t for other
and worse arsmpatisns herealtersn We think n,
Collins deserves the shaaks Of the people for h1s
resoluts course il this nsoGBef.-hs4- Journal.