Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1861-10-17
The gntlana 9erald.
RUTLAND, THURSDAY, OCT. II.
TIE FINANCIAL AGENT"

diIUdukS tnaI ne Ids dppoin'eu hoI' oOSep
Poland "a special financial agent to visit anC
remain with the Vermont Regiments at the
seat of war, for the purpose of being medi-
Urn of communication between the soldiers
and their friends and consignees at home, "
&c. Gov. Fairbanks further says: "Mr Po-
nd has been constituted bq me trustee of
the soldiers aforesaid" and concludes his re-
ference to the appointment, the importance"
ofwhich he declares ''can hardly be overesti-
mated" by saying: "as it is not provided for
By ldec, commend it to the favorable con-
slderation Of the Legislature" We learn.
from other sources that the salary, fixed IN
on by the "hleh contracting parties, is two
thousand dollars, the "importance" Of which,
to Mr. Poland, " can hardly be oyerestima-
ted" and as This, too, is not provided for
By tar" it will need legislative endorsement.
OF the propriety or necessity of such an
office We 30 not undertake to determine. 1t
may be, for aught we know, Indispensable
But that is for the legislature to say, and
not the Governor. The mere fact that an
office Y hch does not exist by law is ''impor-
tant," clothes the Governor with no power
whatever to create it. His functions are eX-
ecutive. The legislative power has com
monty been supposed 10 reside elsewhere. He
has no power 10 create an office, much less an
office OF 'euolAment and trust" which off
ces are specially mathematical by OUT con-
stitution, The appointment Of Mr. Poland
Is nothing bat usurpation OF authority. L IS
the creation Of an Office Of profit and trust,
$50 far as the same can be created,l by the
mere executive will. No plea of urgent and
imperative necessity, as We conceive, can be
Interposedto shield theGovernor from merted
censure for this attempted usurpation OF pow
er. Had not asessicn of the Legislature been
impending for several months, or year, and
the necessity for such an agent had been i'm
perious and immediate, the case might have
borne a different aspect upon its face. But
the appointment was made upon the eve of
the annual session of the Legislature, and
there can be no valid pretext even that the
duties imposed upon this Executive Trus-
tee might not in the meantime have been
performed by the chaplans OF the Regiments,
or some of the officers of the various Compa-
mics, if indeed the duties may not at all times
be well enough performed by them, The
creation of such an office, the appointment
and clothing Of its incumbent with grave re-
sponsibiites, and the fixing of the salary, is
tumble OF legislative and executive func-
lions not before witnessed in this State is
wholly unwarranted by the constitution, and
under the peculiar circumstances of the case.
highly indecorous to the Legislature, mas
much as the cfice was created and the ap-
pointment made Just previous to the meeting
of the General Assembly, without anv sutIi-
cient plea Of necessity, and with no other
conceivable object than TO forestalI, or to con-
troll its action IN an undue and improper
manner. With precisely the same warrant,
might Gov. Fairbanks have created and ap-
pointed an additional Judge of the Supreme (
Court, at salary of two thousand dollars, /
upon the plea that the present Court is mad |
equate to the Discharge Of the judicial tunc- /
tons OF the State. Would the Legislature
be satisfied with such an usurpauon. upon
being told compIaccnty by the Governor that
the importance of the Office can hardly be .
over estimated7
Whether the Legislature shall make provi-
sion for the office or not, its own dignity de-
mands, and it owes the duty to the people
whom 1t represents, to solemnIy protest
against this gross and inexcusahe executive
usurp4tion and interference Such status
ought to be given 70 it as will deter any future
Governor of this State from drawing Ii into
precedent We make no attack upon the
motives of Gov. Fairbanks. We know not
whether the office and the appointment are
the result of his own conception of duty, or
whether he was influenced by others. 1t is
abe act which we complain Of and protest
against and denounce as imDertnent, unnec-
essary. unwarranted, and unconstitutional.
- Our statement made short time ago,
shat the appointment of Maj. Tyler, 4th VI.
Regiment was made upon the personal solc-
itation of prominent politicians of Windham
County, we are assured was incorrect. Our
statement was based upon rumor only.
LAMoILLE COUNTY.-The Newsletter
states that II. II. Powers has been appointed
States Attorney, in place of MIR. Benton,S
vino is now serving in the army.
4 MUSICAL CONVENTION is to be held
at Newbury for four DAYS BEGINNING Oct