The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-03-02
TUESDAY NIGHT, MARCH 3, 1859.
F2EPoRT.
STATE OF ONO, ExEcUrIvE DIrAHrarST,
"N- FF- Nh q 1GEn

srArE OF ONO ExEcuruvE DHrARrMEsT,
March 8, 1853
To the General Assembly:
/ herewith transmit letter addressed 10 me by
Alfred p Edgerton, Charles Reemelin and Viii
/, liam D. Morgan, appointed by the General As
sembly, Commissioners TO examine into the con.
dition Of the Treasury Of the State, the causes Of
the deialcation therein and other matters particu
larly mentioned in the act of April ~, 1883.
also transmit with this letter, the report of the
Commissioners relating to the several matters
with the Investigation of which they were
charged,
By the act creating the commission, the Gov
ernor is required to cause the report Of the Com
missioners, when received, to be printed forth
with. This requirement probably contemplated
the making of the report during your late recess
As circumstances however, have prevented lite
completion until you are again in session, shall
doubtless best fulfil your wishes by compliance
without delay, with the request of the Commits.
soners to transmit it, together with their letter,
to you asp -,
& concurring fully in the general wish that the
defalcation in the Treasury should be probed to
the bottom, and desiring earnestly the most thor
ouch Investigation of all other matters connected
With the recent or existing administrations of the
State Government in respect to which the Gene
raj Assembly or the people might wish inform.
alton, 1 thought it my duty, upon the passage OF
the act rather TO promote inquiry In the mode
adonted bv you than to embarrass Its activity by
urging objections whether well or i'll founded, to
that mode. ft cog I.f i.r
q Il complied therefore, promptly, with the joint
resolution requesting me to notify Messrs. Edger-
ton. Morgan and Reemelin1 of their several ap-
pointments. "a ~
II was well known, however, to many members
Of both Houses while the law of the last session
-. 7 1oI hks,, cd oatip
~ the General Assembly in appointing, itself, the
members of the commission as unwarranted by
the Const;tution The commissioners were, how
aver 90 appointed and it seems proper now, the
contemnlated investigation having been compile
ted to guard, by an express statement against the
possibe inference of acquiescenee In the consu
nationality Of that aeuen from the performance py
men of the duties assigned them by the act TO the
Executive. aty
THE mower Of appointment is in its nature an,
1sxscrt;ve. not legislative power. The Consti'
trt;on of the State expressly declares that no
ianno;ntinp mower shall be exercised by the Cen
eral Assembly except a. prescribed IN this Con;
stitution, and in 'he election Of United states
Senator'S" The appointment OF the members ol
s,cb conIoission is certainly not prescribed In
ne Constitution, nor are the members United
@tatea Senators do not see, therefore, how the
;rfarapce can be avoided that in the appointment
az these commissioners the General Assembly ex-
ercised an appointing power in conttayentlon OF
w The not constituted a board provided that it
should consist Of three members; a9thorized
them to elect one OF their nuinoer Il Pres'ueU! re-
nuited them to take an oath OF office prescrloed
iba;y duties fixed their compensation; clothed
tLayr with the mowers OF court OF record IN ID.
81 su;nc, yrocess and in furnishing contempts and
rreseo,;hed NO limit other than the completion OF
their worlto their term of office All this the
General Assembly might, doubtless, constltu-
tionalIy do Doubtless also, IN so aoing, they
4 them Herethe legislativepower under the Con
g stitItion. in nv Judgment, terminated Ihey
" conld not oonstititionally appoint the commits
a;ouors Jndoinp 80, they tranecended, as can
rot Init think. the Just limits of their eonstltu-
tional power.
Tbe mower Of the General Assembly, through
committees Of their own BODY 20 inyesugate
transoct;ons connected with the public interests,
il NOT nuestioned Members Of the General
sosamhIu are elected to discharge such duties
arnnno others It is obvious, however, that
,,or,eS IN investigate through such committees Is
Is pnto noyvnr 10 constitute commission OF eitl-
zens not members, and appoint the commission
ers The former power may De implied rom
the nature Of legislative aathoflty, me ialDer
soenos n he ex pressly denied by the constitution
tT,,at need not say that IN expressing this
oninion | bv no means impute to the deneal AS
sambIu any designed infracdon OF the eonstltu-
tg t;ny 'gibe' prounntness with which have COM
x nlied with the resolution and the statute, I'M
1 posing duties on the Executive relation to this
pattes % sufflciently eyinces my respect for it's
f action. and nv desire so far as possible, to ial
Regarding, however, the will Of the people
exercised in the constitution, as imperative up
on all the departments Of the government ala -
the exercise OF doubtful powers as dangerous 70
tiberv t Il IL. could not feel, that had quite dis
charged my duty, when performing the last e; Of,
fieiaf fact required by the statute, without pla'
cling OF, record this frank expression OF an opln-
ioufn which | am unfortunate enough to diner
from the General Assembly n
AZ But one copy Of the letter and the report q
the commissioners having been furnished 10 me-
4 y y se'iS y w 'S : 1so 8. P. CHASE