Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-03-29
For the Indiana State Sentinel.
Appointment of Attorney General.

For the Indiana State Sentinel.
Appointment of Attorney General
MEssRs. BDIToRs:--A few days ago, through
the Journal of this city, promised at a future
time to present my views in regard to the power
of the Governor to appoint an Attorney Gene
raj and if YOU will allow the use of your col
umns, now propose to do so.
For the present. shall confne my remarks
strictly to the question of poaCer.
The clause of the constitution bearing on
the case reads thus "When during recess
of the General Assembly, vccancy shall
happen in any Office, the appointment to
which is vested in the General Assembly; OF
when at any time, a vacancy shall have occur
red in any other State Office or iii the Office OF
Judge of any court, the Governor shall fill such
vacancy by appointment, which shall expire
when a successor shall have been elected and
qualified" d."-(Art V, Sec. 49,
Those who deny the power, assume that
the Office IS one, the appointment to which is
vested in the General Assembly.
That this is sheer assumption and nothing
better, will, it seems to me, appear plain to
any candid mind that will take the trouble
to give the act creating the Office careful
reading The first section provides that
there shall be elected by joint ballot of both
houses of the present General Assembly, an
Attorney General" &c. The second section
declares, that at the first annual election in
October Immediately preceding the expiration
of the first term of office, and every two years
thereafter, such officer shall be elected by the
qualified voters of the State.
Because the Legislature could and should
have elected, at particular period, does not
establish the position that the appointment
was vested in them, in the constitutional sense
of the term. The word "uestel" frequently
occurs in the law vocabulary, and has well
defined meaning 1t means fired as uesteo
rights Uested legacies /; Uestel remainders IN
contradistinction from something in a state OF
contingency, or suspension and this is the
sense in which it is used in the clause under
discussion.
Now, here is law empowering and requir
ing certain General Assemby,--not eUerl
General Assembly, nor any other than tha
"present" General Assembly, to elect an Off
Ger to serve for term of tN years declar
ing at the same time, that ever afterwards
and in all time to come, the office should b.
filled by the qualified voters of the State
hC oChCioA Assembly Oil ipt tlcOl AIT
that General Assembly having adjourned b,
force of constitutional limitation, the Govern
OF appointed There is no pretence for say
ing that a called General Assembly Nigh
still act. 1t could not under the law as
stands. The adjournment dissolyed-annihi
lated the only General Assembly that coult
elect and the effect was, 60 Instant, to yes
the appointment in the people.
Through their own voluntary action, O
inaction, the a6latuseleft the General Assem-
bly, and passed into the people, where it nov
resides, and where it was lodged at the tim
the appointment was made.
1t is no answer to this to say that the peo
pie cannot exercise the power till Octobe
1856. They have the power rested in tn
proper sense of the term IN present., thougl
it must be exercised an fut,0o.
To insist that the law temporarily veste
the appointment in the legislature, would,
appears to me, be simply an absurdity; a con
tradiction in terms.
Not wishing to treaspass on your space,
leave the question for the present. | ma.
wish to say more at future time.
Very Respectfully,
j. MORRISON.