Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-09-25
TO TIE PEOPLE OF INDIA A.

On the 24th ult., transmitted 10 |
the Governor my resignation of the
Office OF Judge OF the Supreme Court,
to take effect when a successor shall
have been elected by you aud duly
qualified. To that communication ri
have received no response, and have
no direct information from tho Gov
ernor Of any objection To the resigna-
ton, either for form or substance. IL
appears, however, that the officer has
decided that IL creates no vacancy 10
be filed by an electionib by tho people. I
In respect TO myself | have only
to say that the resignation IL made
in good faith. and in accordance with
the practice which has heretofore pre-
vailed in this State. IL is assumed,
understand, TINT as IL creates no
present. vacancy, no election can be
held. 1t is not the design of the con-
Btitution and laws that an Office shall
be Ut any time vacant IL is intend
ed that there shall always DO an In
cumbent. Tho Constitution declares
that whenever IL is provided that
an officer shall hold bis office for n
given term, the same shall be con-
strued 10 mean that such officer shall
hold his Office for suchlserm and un-
Ill lis successor shall have been elect
cd aud qualified.' / have made my
resignation 10 conform strictly 10
this provision Of the Constitution.
might, doubtless, have made il TO
take effect instanter, and this. like
the case of death, would have requir-
ed the Judge to DO appointed by the
Governor, 10 hold until tho people
would elect; but that would have
made no difference, for his appointee
would have held, in like manner,
until his SUCCESSOR should have been
elected and qualified; producing pre-
cisely the same result. II the people
: fail 10 elect, or IL the person elected
omit TO take the oath ofofiice. theincum
bent continues 10 hold ioranother year,
: and still another, aud so on inded
nitely, under like circumstances
This shows in strong light. the in
teDtion to prevent an actual vacancy
, at any time. ts .al lan
1t is provided by law thatiat the
annual election in October "all exist
ing vacancies in Office, and oil Offices
a the terms of which will expire bctor'
i another general election, shall b,
hhed. This statute must receive |
liberal construction in favor Of popu
lar right and tho duo administrator
If the government. II strictly con
D strued there never would DO vacan
. cy TO be filed by a popular vote, he
, cause it is the taking of the oath o
e office by tho ono that is ncwly elect
i ed, that terminates the fern" Q
tho incum bent. The is no vacanc,
when the election is held, because !
Que has been occasionod by death. oil
by resignation taking immediat,
q eject, il must have been filled by al
Q executive appointment, rs required
. by, tue constitution; and whether
i term as defined IN tho foregoing
constitutional provision, will expir,
c depends upon contingency in tin
) future which cannot then DO known
J II is my opinion that you have
e right 10 elect a Judge at the approach
x ing election, TO ill tLe vacancy to b
> accustomed by my rosignaio ion.
e have no desire to obtrude my opinion
upon the attention oil the public; an
o especially mono to interfere with III
q action VI any other department Q
q tho government. What 1 have sal,
q /, simply in Qualification of m.
n own course. ,s ..tr.tl rs'
Z In terminating my official relation
a with you, return you my grateiu
10 Acknowledgements for the expressio
&c Of your confidence implied in my Gle,
l. ton 10 go important trust. NJ
!, sense Of the obligation is in no degre
ID diminished by the fact that tho homo
W was bestowed unsought and undesir
4 cd. The position is ono which fiIl
ir the measure OF my ambition, and II
N duties accord with my tastes.
a. would have given mo pleasure |
10 have continued to serve you upon III
Il, bench, II could have done so in jul
OF tiee TO other claims upon mo,
vi Yours, worry respectfully,
O. S. Il. GooKfNs.
" Tcrro lIautc, Sept, 2l, 1857