The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-08

into effect in any particular II " in seii Imperfect
enactment and incapable OF being practically enforced
No provision " made for giving the Treasurer notice OF
any complaints against him for the u King
any ceence or even Tor any mode by which the Cover
nor can investigate the truth fasty Of che charges
which may be preferred He has power 10 sumanon
before him, or swear witnesses, afadsvts made
IA relation TO any such charges otherwise than
judicial, and for any false swearing therein no
indictments for perjury be ustaiaed under this pro-
vision OF the cons ttuton II stands, unaded by any
legislation. II II conters any power 70 all il Is
power arbitrarily without any Attention 20 the ordi-
nary forms Of law, anu without giving the any
means OF Defence and II thus stands in letter and spirit
opposed TO the very rst section Of tho constitution
which provides that sno member of thi, state shall be
dsfranchsed or deprived OF OF the rights privi.
ges secured to any citizen thereof unless by the law
the land or the judgment OF his peers.'
Another part OF the power supposed be conferred
Of suspension the Treasurer, The Governor may sp
point competent ~ discharge the duties of the
office during such suspension.
There Il no provision OF law authorizing officer
take or approse or requiring the thus appointed
give any security for the aithfa performance the
duties lac i required To discharge that he will faith
fully guard aud protect the public treasury thus placed
under bis control 1t cannot be supposed that the fra
mess Of the constitution designed TO authoriye the sus
pension Of officer for onicial delinquency and yet
place under the control OF an irresponsible person the
funds OF the State which Is the object Of the consttu
lion to guard and protect
It Is most manifest therefore from the reading Of
the constitution ant having reference 10 the offsets the
provisions tn question that in most other instances it,
trainers designed " have the Of the State enact
such laws a. would enectay complete the purpose
winch power having regard To tho
rights ~ The party accused We'll a. 10 the security of
the treasury Of the state during the interval which
treasurer light be suspended. Until such time Le
s shall see fit 70 make adequate provision for carry
in tbs cton Of the constitution into effect guard
exerfe by proper legislation must obviously be
garded upcn plain pr cples Of law ~ provision OF the
fundamental law which remains dormant; and until by
some act Oh legislation 1t receives vitality deny the
power OF the Governor to act under it in any case
II the Governor however, has the arbitrary power Of
suspcnding treasurer for violation Of duty Is only
for maeasace which relates TO the and custody
tha GlnAG Atata
duct as member OF any other body In which by virtue
Of his Office he Is entitled sit The present complaint III
indeed II can be dgnihed by that name is, that
Of the members OF the Board he United in intruc.
ons relating to the management Of the canals that
either unauthorized or unwise II II had been the nten
ton OF the trainers Of the constitution 70 authorize the
Governor TO suspend the treasurer for such evcn
HwrongfuD, an obvious inquiry Isl why should not every
member OF the Canal Board concurring in the act be
dealt with in the same wayS And why should not the
Governor be authorized TO Suspend every State officer
ting in the Canal Board who had thus violated his duty
or mistaken his powerss
This provision Of the constitution adopted by the
Convention OF 1885, motion Of Mr.. Nicholas BY refe
renee To the debates by Crosswe and Sutton (pags 39
the object Of the mover Is quite manifest Mr. Harrison
suggested that the provision should be more general
that IS including other officers. Mr.. Nicholas rcJoned
that he had made applicable TO the Treasurer only
because he was the keeper Of the public funds
apparent from this T. ference TO the debates IN con-
venton as well as from the plain meaning Of the section
in question, that the power can only be properly
ercsed when case OF maversaton in the Office Of Trca
suror shall occur was designed To guard with greater
caution the security Of the public funds, and
be invoked exercised for amy improper act Of the
person holding the Office of treasurer, member OF
the Canal Board, Commissioner Of the Land Once or
OF any other body having duties TO discharge which do
not directly relate 10 the funds OF State the control
OF the treasurer by virtue Of his Office As well might
the Governor assume Jurisdiction the personal de-
mcanor Of the Treasurer, and suspend him from Office
conduct dstseful to the executive for
and acting upon opinion to the validity construc
ton of any law against the solemn Judgment Of the
Governor.
Against the exercise of the power invoked enter my
mot solemn protest shall not by any omission
OF mine surrender the control Of the funds Of the
my custody, any OF the duties pertaining 10 the Office
to which the people Of the state elected mo- upon
any acton Of the Governor founded upon any such
State Engineer and Surveyor while ! shall at
all times during my continuance In Office,
yield cheerful obedience to any order issued by lawful
authority upon adequate cause. owe duty TO mys III
and 10 those who have conhded TO important public
trusts that will demand ut my hands prompt rcpudia-
ton OF action from any quarter that nstgatcd by
private TesentmeDts political anmosty the effect Of
which may be and Ia intended have every 70
believe to transfer the treasury Of the State and the
troll OF the canals TO hungry apirans for place, power
and plumber.
Having thus disclosed the grounds upon which have
acted, and some OF the considerations which induce
under the provisions OF the the laws Of tho
State TO suspend from Office leave tn responsibility
for all the consequences which may flow from future
ton upon the complaint before YOU to be assumed de-
cined ytur sense Of justice, regard FOR your
character, and Of the dignity Of your Office may lead
you TO determine. Very respectfully obcdient
want, STEPHEN CLARK, Treasurer.