Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1863-02-12
The Military Board.

| G. - a e
The proposition now before the Leigh
lature., to establish . Military Board,
which is TO be vested with executive pow
err. is an Infamous attempt at usurpati on
aud revolution.
A Military Board Is unknown TO the
Constitution, and was never contemplated
or desired by i,s trainers. IL would be.
violation in letter and spirit of that instru-
strument, perpetrMed by hypocrites who
pretend that they are the especial champi-
ons of the Constitution and Laws.
By this proposition the Secretary. Au-
ditor. Treasurer and; Attorney General of
State are to compose Board, and the sig.
natures of . majority of them are requisite
TO make valid any executive document or
order. This mikcs them the Executive
authority of Indiana. and strips tho Gov
ernor Of all military and civil power.
The Secretary. Auditor. Treasurer and
Attorney General of the State have their
duties clearly defined by the constitution
and laws. Each office is distinct from the
other and has IFS appropriate and separate
sphere. we'll understood by the people
These officers were not elected to become.
Governors OF the State, individually or
collectively. and any effort on their part to
exercise executive power, or hinder or
qualify the exercise Of such power by tho
Governor. would be unconstitutional and
criminal. and could in no wise be justified
or palliated by Legislative enactment. If
the Legislature can establish new Exec
utive Department it can establish new
Legislatisc Department. and can provide
by law that when the session is ended this
Military Board can exercise Legislative
functions. There can be no difference in
principle. There is but one case in which
the exercise of power conferred upon the
Governor can be qualified or limited by
action Of q council TO be established by the
Legislature; this case is specially provided
for In the last clause of the 18th section of
the 9Th article Of the constitution, which
reads as follows: vtas n. - >
Provided. however. That the General
Assembly may by law constitute council
to be composed of officers of State, with
out whose advice and consent the Cover
nor shall not have power to grant par
dons, IN any case. except such as may by
law be left TO his sole power" -
1t will be seen that this power in the Leg
islature is expressly confined to the grant
ing OF pardons. Ii the Legislature had
general authority TO limit the exercise of
executive power in military and civil of.
fairs. it would have been unnecessary to
have provided such authority in the case OF
pardons. 1t is clear the trainers of the
Constitution understood that the LegisIa-
ture had no general authority to interfere
with or limit the exercise Of executive
power. and that the limitation OF such
power, in the case of parlons, depends en-
tireiy upon the clause of the Constitution
we have quoted. The Governor has as
much right to interfere with the Legisla-
ture as the Legislature has to interfere
with the Governor lie has as much right
to pass bills and enact laws as they have to
establish new Executive Department. r
Ii they do not confne their interference
with Executive power to the single case
psovided for in the Constitution. why
should he confine his interference with
Legislative power to the case of the veto
like wise provided by the Constitution?
The State Government is divided into
three departments, Executive, Legislative
and Judicial. and its success and preser-
walton depends upon the fact that each de-
paitment shall be allowed to exercise It's
own proper functions intact, and undis-
turbed by the others. '- 90 aaiie =.
The proposition to establish q new Ex-
ccutive Department is fraught with great
danger to the peace anil honor of the State.
and We earnestly advise all parties con-
nected with il to abandon it at once.
Let the Legislature confnc itself to the
exercise Of the powers conferred upon il
by the Constitution. and let the State Of
icers be satisfied with the Performance of
the duties to which they were elected by
the people. In so doing they will find
ample employment for all their time. and
their official paths will be far more pleas
ant than if they attempt to divergc into
new AMI unknown ways in which it was
never intended they should wslk.-Ind.
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