Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-03-12

| GtAIh Vt OdAOi A<AEOOIlNE OEFAhIAENI1 Z
/ March 8, 1859.
To the General ASSEMBLY:
l herewith transmit letter addressed to me
by Alfred P. Edgerton, Charles Reemelin and
William D. Morgan, appointed by the General
Assembly, Commissioners to examine into the
condition of the Treasury of the State, the
causes fthe defalcation therein, and other mat
ters particularly mentioned in the act of April
! IL, 1858. / also transmit with this letter, the
report of the Commissioners relating TO the
several matters with the investigation of VIII cb
they were charged
By the act creating the commission. the
Governor is required to cause the report of the
Commissioners, when received, to be printed
forthwith. This requirement probably contem-
plated the making of the report during your
late recess. AS circumstances, however, have
prevented its completion until you are again in
session, shall doubtless best fulfil your wishes
by compliance without delay, with the request
of the Commissioners to transmit it, together
With their letter, to you.
Concurring fully in the general wish that the
defalcation in the Treasury should be probed
to the bottom, and desiring earnestly the most
thorough investigation of all other matters con-
nected with the recent or existing administra.
tons of the State Government, in respect to
which the General Assembly or the people
might wish information, l thought it my duty,
upon the passage of the act rather to promote
inquiry in the mode adopted by you than to en-
barrass its activity by urging objections, wheth-
er well or i'll founded, to that mode.
complied, therefore, promptly, with the
joint resolution requesting me to notify Messrs
Edgerton, Morgan and Reemelin of their sew
eral appointments.
If well known howayar 70 ,,,o,,
bcrs of both Houses while the law of the last
session was pending, that l regarded the pro-
posed action of the General Assembly in ap-
pointing, ITSELF the members of the commission
as unwarranted by the Constitution. The COM
missioners we're, however, so appointed, and it
seems proper now, the contemplated ipvestiga.
ton having been completed, to guard, by an
express statement. against the possible infer
ence of acquiescenee in the eonstitutionality of
that action from the performance by me of the
duties assigned by the act to the Executive.
The power disappointment is in its nature an
executive, not a legislative power The Con-
stitution of the State expressly declares that
mo appointing power shall be exercised by the
General Assembly except as prescribed in this
Constitution, and in the ele;tiOn of United
States Senators" The appointment of the
members of such commission is certainly not
prescribed in the Constitution, nor are the mem
bers United States Senators. l DO not see,
therefore, how the inference can be avoided that
in the appointment of these commissioners the
General Assembly exercised an appointing pow
er in contravention ofthe Constitution.
The act constituted board; provided that it
should consist of three members authorized
them to elect one of their number president; re-
quired them to take an oath of Office; prescrib-
ed their duties; fixed their compensation; cloth
ed them with the powers of court of record in
issuing process and in Punishing contempts;
and prescribed no limit other than the compile.
tion of their work to their term of office All
this the General Assembly might, doubtless,
constitutiOnaly DO. Doubtless also, in SO do
ing, they created offices and provided officers to
Gle t666ffs Hem the legislative power under
They could not constitutionally appoint the
commissioners In doing so, they transcribed
as can not but think, the Just limits of their
constitutional power.
The power of the General Assembly, through
| committees of their own body, to investigate
transactions connected with the public interests
is not questioned. Members of the General
Assembly are elected to discharge such duties
among others. 1t is obvious, however, that
power to investigate through such committees
! is not power to constitute commission Of
citizens not members, and appoint the commits
sioners. The former power may be implied
from the nature Of legislative authority, the lat
ter seems to be expressly denied by the consti-
tuition.
trust neednot say that in expressing this
opinion, by no means impute to the General
Assembly any designed infractiOn of the consti-
tuition. The promptness with which l have
complied with the resolution and the statute,
! imposing duties on the Executive in relation to
this matter, sufficiently evinces my respect for
its action, and my desire, SO far as possible, to
fulfill its wishes
Regarding however, the will of the people,
expressed in the constitution, as imperative up
on all the departments ofthe government and
the exercise of doubtful powers as dangerous to
liberty, could not feel that had quite dis
charged my duty, when performing the last Of
fetal act required by the statute, without pla-
cling on record this frank expression of an oPiu-
ion in which am unfortunate enough to differ
from the General Assembly
But one copy OF the letter and the report Of
the commissioners having been furnished to me,
it is sent to the Senate
s.P. CHASE