The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1858-06-30

S'"'S "ouD's aoOus His SppoiusDcns J
Judge THURMAN replied by saying, that
his grave doubts had not prevented him
from taking the oath to support the Con
stitution, and acting. He had sworn to
support that constitution, which it was
pretended was lnfringed by these appoint
ments and he was now acting under one
more reasonably to be questioned as un
constitutional
The selection of their own officers by
each branch of the General Assembly does
not satisfy the words of the Constitution
They are only appointed by each chamber
separately; and not by the General As.
sembly. The confirming power does not
complete the requisite here demanded by
the express words of the Constitution, for
that is only the attribute of one chamber
There is nothing to satisfy the language
used in the Constitution if 1t is not to be
applied to the appointment Of the Direc-
tors Of the Penitentiary and Commission
ers of the State House. The election or
provided for by this Constitution, "shall
be made in such manner as may be directed
/ by law" Hereis the law directing how
these appointments shall be made; and in
order to defeat it, the Court must strike
out of the Constitution the words to which
he called their attention. If it does not
give the General Assembly power to d-
rect these appointments in any manner
that it may prescribe by law, there is no
application to be made of the words OF
the Constitution, aud it is DuAityif not
so applied, so far as this proviso is con-
cerned. There is nothing else for it to
refer to, as is shown by the brief before
the Court Certain officers are to be
elected, others to be appointedby speci.
fed officer, and those not thus provided
for, -"in such manner@ as may be directed
by law" t' -- $50 sEsa' .sa. s'f
| In many cases the Governor is the
source whence the appointment is to pro-
ceed-they have been recited by the learn
ed gentleman on the other side, but these
offices are not included. The Constitu-
tion has not directed how or by whom
these appointments shall be made, save by
the general clause, that it must be directed
by law. Why is this omission as to these
Offices, if the Constitution was intended to
confer appointment to them as preroga.
tive of the Governor or any other oficeri
| Why does the Constitution deYolve certain
appointments upon the Governor, and say
that these Offices shall be filed by election
or appointment, sin such manner ss may
be directed by law!" There may be 81
implication that the Assembly may no
directly appoint, because it is ordained
that the appointment, if tkere is no elec
tion, shall be made as may be prescribeC
by law, and the General Assembly is Il
prescribe the Law. He believed, however
that if a law was enacted to that effect
the General Assembly might, in pursuance
of it, directlsapp oint the Directors of tn
Penitentiary and Commissioners Of tn
j State House. The power is unlimited, a
to who is to exercise it or in what man
ner, if it be conferred by statutor.
enactment. The appointing by the Gen
eral Assembly directly under a statute s.
providing, would be q perfectly valid ant
constitutional appointment. But if it b
questioned whether the Legislature cal
do it directly, it appears to be undeniabl
that it can deyolve the power to make th
appointments upon any body, and by an
7 method, in such manner as the Legisla
ture may "Jy lao" direct. 1t is not to b
by the spse dirit of the Assembly. !
cannot vote any man or set of men int
these Offices; but by a statute regularl
enacted it has the absolute power to direc
how and by whom, they shall be filed
t There is nothing in the Constitution re
quiring the Assembly to devolve the az
poiDtment to these Offices upon the Gov
. ernor, or any other officer or person. Th
Language of the Constitution confers a
i unlimited power upon the General Assem-
e 3ly to prescribe by law how these appoint
ments shall be filed. Who is to limit tn
power so conferredl
These appointments have been wholly lie
I within the discretion of the Assembly and *
j.. very sound reasons. 1t is necessary to kee
the Pententiary and the State House undt
!, the control of the Legislature as much as POI
e S1Dle. Nndt mas porHlltteu, IL not caused
ipeculation in those matters heretoforee VIII
the Governor hadsthe appointment and contr'
:. of the Directors, who appointed the Office
and exercised supervision over them. Til
Governor had not the time to scrutinize the
e doings, nor the power to remove them whe
4 they were doing wrong; and during the reces
!, of the Legislature they We're practically witt
n out check control. Now, however, ths lie.
islature has wisely provided for a body to ST
e pervise the operations upon the State Hous
# and Penitentiary all the time To watch tl
!. Directors always, and to pitch them out
u Office whenever they do not conform to I'll
rules of honest, judieious and economical az
ministration. These Offices are like nor
: others. The Constitution neither prescribe
y the duties, powers, nor duration of them: nC
If the mode in-whchs they shall be filled, say
l.. that it shall be Sin such manner as may be d
rected by law" The Assembly is made on
d inipotent over these offices; all others have e
q ther their duties, their powers, or their ter
Il prcscribed by the Constitution. 1t has bee
q Said that the Legislature must have been pr
hibited from enacting such laws as thes
y questioned beoaRseiit was intended to deriV
J. it of the power to crafty political friends
@ tho roaioritv Now IT ia claar that tho Col