Squatter sovereign., 1857-02-03

4
declares. :. That all township. district ana
county officers not he.ein o.Le raise pro
yided> for.Sshall apppin3 3eI OF elected as
me case may be, ia saeh lnanneexas shss:I
be provided for by the Governor and Leg
s,atise Assembly of the Territory OF Kan |
sss,maEsli the 26ssI section Of the same ae +
provides thai, the, Governor :. shall corp
mlssion a4 oihqersvlio shaiilbe appofats
to Office under the laws of the said Terri.
tory -a,ea .saalllake-eare, ,taat-tAs-laSs art>
faithfully executed So
Frnm these two sections Il will be OBJ
served tliattise= Organic -Aet empoweree
the Legislative Assembly to provide for
he appointment of Sheriifs, and that it is
the duty of the Gorernorsto commission
them. ~
In obeeiencet 10 The command ofthe law.
the Legislative Assembly at its hast ses-
sion. presided thatf,tif any vacancy hap
pesn in the office of sheriff, such vacancy
shall be filed BY nppolntnen. by the tri-
luaal transaetipg county business for the
unexpired term See Statutes Kansas,
Territoryi chapter l50. see.I 2, ard the
| first section of the same chapter declares
that the sheriff, : lshaa be commissioned.
| by the Governor.' 'aif.f44 fa4y,f I.-fst ralog
.Nooljection has leen urged by the Gov
ernor to the power of the tribunal transact
ing county business to make such an ap Z
| poiLtment, nor do we think that any could
be successfully urged against it. but the
refusal ssems5 TO be based upon The ground
that I! e Governor has the right to deter
mine, tho propEiety thereof, from which we
| total lly dissent. fe4as-5.F .s-a
Tie language Of TIE Law is imperative.
/ Il declares that he shall commission all Of
acers WHO n be; appointed TO office un-
Ter the laws OF the Territory. Here then
IS clear, uneaaiToeal declaration of law
as, to .lfc duty OF lie Governor, and there
need he. no resort to legal deductions to
| =!efine and establish the same, but even il
we were. left to suehfa mode 10. arrive at
thc correct rule We fuliv beiie:e we would
be sustained in Geclaring bis functions pure
iY ministerial. and that he should have is
sued tke commission, for the we'll received
! rule Of law is that the functions Of an Ex-
ecutive officer are in the main ministerial
and that il he have tie judicial power OF
determining it must have been specifically
confined. .aey sss5sa
We deny that the la0i gives him any
such right, and asstrl that the power of o.
pointment in this instance was vs sted in the
county court. sv na ..5 zau
|. We scarcely need refer TO the opinion
of the highest court in the land to sustain
Us in asserting that commission is mere
ly an eviiencs Of appointment, and tia
the act Of is uins is purely ministerial.
Your committee feel called,upon to ex-
press their SUI prise at the singular canmu-
nication which has bsen p. esented 10 the
House by the Governor, IN which lie gives
his reasons for refusing the commission in
question, and cannot but look upon j, as Il
gross assault upon the character ef a eli
zen Of our Territory. a .za.ae
In that conmuni ;atoa the right OF th S
House TO call upon the Governor FOR the
reasons for his refusal 10 issue theIcommis-
sioa, is distinctly denied, but still he pro-
ceeds to furnish the reasons, if such they
could with propriety be styled. by which
he was governed. After denying the rigln
of the House to call upon him, we hold |
that every assertion Of that communica- |
lion was gratuitous, and utterly unealled
for.
Among other tings in that cammunica-
ton to which your committee deem it ne
cessary TO refer, is the statement substan-
tally, that he was instructed by the source
from. whence he derived his appointment
to exercise discretion as 10 whom he
would or would not commission to Office.
Your committee are slow to believe that
the chief magistrate of this great Republic
with world wide renown for It's proud
and lofty position among The nations of the
earth, should have ever attem .3ted to dele.
gate to a Territorial Governor a power hc
hilnsels never possessed.
The absence of all evidence tend ng o
slow that tae trtbanal transactidg equity
business have ever attempted to revoke. or
rescind tEe:r appointment, is OF itself sat-
isftctory evidence 10 your committee tia,
they have seen no reason TO change leir
opinion OF its rrofr ety. noswith anding
tic intinations OF the message. sns5 49,
Your committee. for ,Leir guidance have
had han'ed them a written statement, ne
der oath. Of Wrn. T. Shzrrard, defending
himself against charges made against hun
by his ExeeIlency, in the cosnmuaicnt ton
before alluded 10, which statement is here
70 annexed, and your committee requests