Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-03-27

stitution, and whether it is expedient for the two
branches to express any opinion concerning the
same = submitted their report on Wednesday. 1t
is signed BY Messrs. Hoar of Worcester, Church
Ill of Norfolk, Stone of Essex, and Greene Of
Franklin, all of the committee except one, Mr..
Haynes of Middlesex.
We give below the excellent resolutions, which
the committee recommend for the consideration
of the Senate;
Whereas, the proper and Just limit Of the power of The
Legs AZURE of tie Commonwealth is matter which deem
E coneer the welfare OF the people and the preroga7e
and dignity OF that branch of the Government to which
by The Constitution those powers entrusted, and
whereas, every official statement Of opinion and pur-
pose ey me fupreme Executive Magistrate Of The Com
monTesh IS Of grave pubic Importance, and deserving
resps Ifnl and deliberate cnusi Grafton, and
Where's the Senate and Eouse Of Representatives have
been recently informed by Communication from his Elk
ceency the vernor that OF the Legislature which
directs how Executive shall be promulgated is in his
judgment San arbitrary, unjust, and unconstitutional
encroactmcnt upon the freedom and privileges Of the
Executive FePai tmenti and unauthorized attempt at
dietf as 20 the manner in which its pc ;nsr duties
shabe DONE and in relstion III reto, his Exceency
further uses the following language; The resolve is
drect interference in my Judgment with the legit mate
functions o. the Executive branch the government
therein nfcts directly with that provision OF the Con-
eli ution OF Massachusetts which declares that the Legs-
lsve Department shall exercise the Exscu i've and
judicial powers, to the end it may be government Of
/ laws aad net of men. it certainly must be deemed
nc OF the Executive 70 attempt to dictate what msnner
purely Executive shall be promulgated" and his
kxcelency is further pleased 10 say, "lt direct at
tempt to usurp powers bel uging the Legislature,
to enact Law which provides in what mode procama
on f'rthe Annual Fast shall be promulgated" Be it
| tEoreo ore
ResofUsd That we view with deep regret the official
communl tion Of his Excellency the Governor of the
mon that it is not competet the Legislature IN pre-
scribe u the TX eutive officers Of the Sate opposed
such epioions be to the clear provisions
OF the Constitution, and to the uniform practical
| srection which ii has received since its adoption.
RtSoiusd That the provision Of the Constitution that
the Legislative department shall never exercise the
esuVive and Judicial powers either of them twas de-
signed soiy 10 prohibit the by he Legislature
ex cuive aud judicial functions and not to prevent
the LEGISLATURE from Erecting the performance by either
OF these departments Of such executive and Judicial du
ties as # sba see fl TO prescribe, full poser and author
ts being in the Constitution expressly given and granted
by the GENERAL Court from time to time to make orain
aud establish al Imanner u wholesome ard reasonable
orders, laws, statutes and ord Dances directions and in
strucons, as the not repugnant contrary
to the Consuu1n they shalt Judge to be for the good
and welfare OF the Commonwealth, and for tn govern
meDt and ordering thereof and set forth the several
duties posers, and limits OF the civil and military
ocsrs OF this Vommonwesth, so as the same be not
pugnant to the Constitution.
ResofUed That the denied by his Excellency
been exercised by the Legislature, without question:
tince the adop ion Of the Constitution ard numerous
important places amohg others;-
In providing for the reporting and publication of the
decisions Of the Supreme Judicial Court;
In drectiug the order of business in said fixing
the times and places Of the Of the same provid
ing what number Of justices shall be a quorum thereof
and assigning new duties thereto;
In directing the Cove appoint officers created by
the Legislature. and providing from what persons such
appointments shall be madt
In providing for the publication Of the laws Of the
Common wealth, and directing in what newspapers the
same shall be published
In providing FIR the submission the people of pro-
posed amendmtnts to tn Constitution OF the Common
wealth. direc ing his Exc ency the of
people upon suca amendments directing the time and
manner Of s1ch count and the mode in which the result
OF the same shall be proclaimed;
In directing the mode Of execution of criminals, at
what times and to what pers the ex-
ecution shall ssue in ordering respitirg by his
ceency OF such execution in certain cases. providing
how such warrants shall be authenticated;
Rescued, That the end that be government OF laws
and not Of men, would hardly be attained by
ton OF the institution whch exempted any officer
class OF officers from tn power of the law,
ResolUed therefore, Tha it is competent for the Legs
ature to regulate by law all the duties of the several Off
GERS OF the Commonwealth, and provide the of
publication Of all such official when such regulation
ndprovision is not expressly made in the Constitution