Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1860-02-02
FOR PRESIDENT,
EDw A RID B A TIE s
Telcgraphic Dispatch,
The Long Agony Over.
Ex-GOv. Pennington, OfNew Jersey
elected Speaker.

n
LEVI RrcE's CAsr.-Some time ago w
took occasion to refer to the failure of Lev
Rice, one of the persons elected as Count.
Commissioner TO qualify within the time pre-
scribed by law. Since then the Legislature
has undertook to come to his relief, by pass
ing an act to restore the rights which ac-
erued to him under his election, but which
he subsequently forfeited. This act 1--WE
.hall not mipname it, by calling it law)
pa,sed, as we are advised without q dissent
ing voice from the Allegany Delegation
Notwithstanding this fact, we are forced to
disapprovc oft, upon several grounds; but
in the first place ard principally, because we
do not consider it warranted by the Consti-
tuition Of our State, and that it is invasion
Of one department of the State government,
Nv coordinate branch of the same.
The act of 1854, chapter 10, in the clear
SIT and most positive manner; requires all
persons elected to take the oath of Office
within thirty days from the lime the Com
mission shall reach the Clerks office. Mr.
Rice did not attempt to qualify until some
fen days after the expiration Of the time pre-
scribed by law,
What WAS the object Of the act of 1854 :?
Simply, to compel all persons elected to Of
fee, to qualify within a certain time, and il
they fail from any cause to do so, that their
places may be filled in some other way. So
that the people may not suffer the evil OF
having their offices untitled, and the duties
thereof neglected, and unattended to. 1t
was never intended by the Legislature when
they passed the act of 1864, to allow persons
an indefinite time to qualify. What is the
penalty of party failing to obey the law
Nothing short of forfeiture Of his election
and all his rights hereunder. His election
becomes a nudity, and he has no more legal
right to the Office thus forfeited, thar the per-
son who was bis competitor at the election.
What then inevitably follows this forfri-
ture2 A vacancy, as a matter OF course. -
This truth is so exceedingly plain, 1t would
be ON idle expenditure Of time, and space in
our columns to prove it, Indeed Rice has
virtually, If not directly admitted the fact by
bis appeal to the Legislature to restore to
him his election, which no has made null
ty by his own act.
How is this vacancy which We have shown
10 exist. to be filled. The constitution points
out the mode. That instrument in the End
article, 18th section, provides that in case of
any racancy, tho Governor shall appoint
some suitable person to FIJI the vacancy
That power rests In the Executive and no
where else whatever and if,any otherauthor-
ity attempt 10 exercise it, it ia palpahle
usurpation.
By the constitution Of the State, the whole
Governmental system is very wisely and prop
erly divided into three different branches, or
departments, namely: the Executive, Lcgis-
lative and Judicial--each district is indie
pendant of the other, with clearly defined
limits, and granted rights to each, and GER
tain duties to be performed by each, in its re-
spective sphere, but not for each other, or
ono for another. The 9th Article OF the
Bill of Rights, reads MS follows "7hat the
leqislatire, erecutire and judicial po'rers Of
government ought to be Jorerer seperate and
distinct from each OTHER, and no person erer-
cising the functions Of one Of said depart
ase,rts. shall assume, or discharge the duties
Of any other"
How then has the vacancy in the case of
Mr.. Rice been attempted to be filed? Ger
tainly not by the Executive, rs prescribed by
the constitution, but by the Legislative pow
or. and contrary to the Constitution and the
Bill of Rights, as above quoted. Upon what
authority docs Mr.. Rice to day claim to be
one of the County Commissioners Certain
~ not by force of his election last fall, for
he admits that to be q nulty, by his appeal
70 the Legislature for aid; assuredly no! by
the Executive, for the Governor has not ap-
pointed him then it must necessarily be by
virtue of this act Of the Legislature II he
claims to hold Office by force of legislative
enactment, wha. can it be but lesislating
men into office. We defy any Of those de-
libera.iyc gentlemen who voted for the act
to point lis to any clause in the Constitution
favoring ia the rcmotest manner, the exer-
else of such power by the Legislative depart
ment of our State Government. The authors
ofthis act may turn aud torture it as much
as they please, but they can not divest it of
its true character. They may call it what
ever name they please, but when ever you
examine its effect and object, no intelligent
mind can fail to see that it is usurpation Of
the Executive authority by the Legislative
power.