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

or to any officer of the militia but it can.
uot be given to three citizens eminent for
probity and sagacity. This is the. pro-
digious obstacle to corruption, stronger
than all the fortiicgtions of Sebastopol,
the Mamelon and Malakoff of my learned
friends against pecnlation and proaigate
government What is there in it? The
Democratic Legislature finds these Offices
filled by its political opponents. All it
has to do to overcome Sebastopol-is is to
confer the appointing power upon some
Democratic Justice of the Peace. So
with the Republicans when they have q
majority; and with the Know Nothiugs
who never will have one.
There is nothing iu the argument ad-
vanced that to give to somebody already
an officer the power of appointment, is
only to enlarge the duties of his Office
KENNoN would be just as much appointed
| by the Legislature as he is now, if he was
a Justice of the Peace; CALDWELL's Sc
lection would not be whit more consti-
tutional, even if he enjoyed the state and
dignity of Notary Public. Whoever
heard or conceived of the appointing
[power given to Notary Public as an
enlargement of the legitimate duties and
functions of his Office. Now, neither the
Governor nor any other State officer is
more Independent of the Legislature than
Justice of the Peace or n otary Pablic.
In some sort the Notary is state Off
cer-he is commissioned by the Governor.
How could the constitution propose to
defeat party influence by restricting the
appointing power to any Of these officers.
The State officers are not always Of one
party; the consequence would be that a
Republican Legislature would take the
appointing power from the Democratic
Governor snd confer it upon the Republi-
can Secretary of State and vice versa.
This is the panacea of the learned gentle
men against corruption and malfeasance.
Let one Legislature give the appointing
power to Bliss, and corruption is not to
be apprehended, it is guarded against.
The next Legislature may give it to Bres-
lin, and no corruption is to be apprehend.
ed. The next one chances to have Re.
publican majority and comforting this
power upon Gibson, corruption becomes
simply impossible: The Legislature is tc
prescribe the manner in which these sp
pointments shall be made, and this nsces
[sarily includes the designation Of whe
shall have the power to make them. ]
it does not, the Governor cannot have it
| for he gets it solely by the edict or ap
pointment of the Legislature, by statutor!
enactment. 1t is Lot within the limit o
supposition, that the Constitution intend
ed to make all persons in Office eligible t.
the exercise of these powers, and to pre-
clude the Assembly from devol7ing then
upon any one else. There are abou
100000 officers in Ohio; any of them cal
be selected by the Legislature to exerciS
the appointing power, but Kennon ont
Caldwell cant have it. This is the con
clusion the learned gentlemen are com
: rpelled to attempt to maintain. How
anybody to have the puwer unless practi
: cally appointed by the Legislature? Th
} Governor has not got 1.-THE Constitu
tion did not give il to him. The Legis
: lature must give it him before he can US
it, and 1t may seIect. any one clss just q
it may select him.