The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-07-30
A Prompt GOveFnOr---The Ds6rDa.
ton of l. Legislative Power.

When men coolly sit down and contemplate
the consequences Of the usupatio1a of nom.
er by an Executive, no matter what the emer.
gercy may be, it must weaken the morals OF 4
stitutional government, unleSss such encroach.
ment on prerogatiye be instantly and firmly re.
sisted. II the Governor can with impunity u.
surp TIE duties and perform the functions Of the
Legislature, in case of such contingency as has
arisen, or when one Analogous thereto MAY arise
the Constitution becomes matter of derision
and despotisfh takes its first step upon the
necks ofthe people.
The Governor, who has had the endowment
ofso many hozannas on account.of his pron7pt.
ness and efficiency in this robbery matter might
as well levy taxes as borrow money for the State
The 4th Section of the 18th Article of the
constitution provides that: The General Assem-
bly, shall provide for raising revenue sufficient
to defIay the expenses of the State for each wear
and also sufficient sum to fay tie interest Of the
State deJt"
Believing that they had performed that duty
the late Legislature adjourned, but a faithless
official reported deficit in the Treasury, that
precuded the payment OF "the. Interest Of the
State debt" The fund Commissioners whose
duty 1t is to prepare for its payment, as
well as ito reduce the principal thereof by a
sum not less than $780, foo, increased yearly.
each and every year, compounding at the rate
OF SIX per cent. per annum,'' were taken all D.
back. The Secretary Of State has been iuxuri-
ating among the lakes and over the pampas OF
Minnesota, where the retusant Treasurer had al
so been specnlatng over the prairies and paper
cities The Attorney General had been devel-
oping in his own mind the "two powers, by
which in battling the justice and honesty of the
general government he might bring Ohio into
general Contempt, while Canada might be sup
piled with few more Of the. kind of population
under the burden Of which she is writhing now;
and the Auditor was still here, and had counted
the money, and no doubt was exceedingly sur
prised to hear that it was not in the Treasury.
In this interesting state Of affairs, with the
July interest almost due, an agent at New York
commissioned to make the transfer, what was
to be done?
The Sth section of Che 3rd article Of the Con-
stitutlon says in prescribing the duties of the
Executive!
"He may on extraordinary occasions, convene
the General Assembly by proclamation, and
shall state to both houses, when assembled, the
purpose for which they have been convened"
Here the duty of the Governor is pointed out.
Ii ne can,, at his option, or with the consent of
the Fund Commissioners or that portion who
may be present, borrow money to pay interest
On the State debt, or make up deficiency in
the Treasury without consulting the General
Assembly, whose especial province it is, what
can he not do IN case of any emergency which
he may deem demanding or requiring his inter-
position. No money can be raised except by
the representatives of the people in General
Assembly.
In the 2nd section of Article s, it is expressly
set forth;
"The State (that is by General Assembly,
may contract debts to repel INVASION suppress
insurrection, defend the State in war or to re-
deem the present outstanding indebtedness Of
the State; but the arising from the contracting
of such debts, and to no other purpose whatev- I
er: and all debts, incurred to redeem the present
outstanding Indebtedness OF the State, Shall be
so contracted as to be payable by the Sinking
Fund, hereinafter provided for, as the same
shall accumulate"
10 whom is granted the power to contract
debts and limited by cypress provisions? Sure
ly not the Governor; i1or the Fund Commission
erS.
Then, what was the duty ofthe Governor in
the premises? Surely call ofthe Legislature
to take initiatory steps to met the emergency
H"o leIhSlNe' III leW uaYS at aftheSG the
Legislature might be assembled. Upon that
body devoyed the responsibility of providing
for the deficit To borrow moreyin the name
OF the State by another department was in the
face of the Constitution. ltwas q uSsupatton of
oo.0er ltassumed a prerogatite that did not
belong to the Executive department 1t was
an assumption at once dangerous and intolera-
0le 1t evntcd and utter disregard for the
which the Executive and officers of
State are sworn to obeyj not only in spirit but
nletter. The power of the different depart
nents are specifically defned;and the encroach-
nents of the one upon the duties and preroga-
lives Of another is subvcrsive of the popular will
rs expressed in the great organic and funda-
mental rule established by the people for their
government Statesman.