Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-01-12

pontment. In other words, he may be
continued in Office by the appointing power
alone. This declaration of eligibility" is
clear, distinct, and separate provision of
the law. 1t must mean this; or, according
to your own showing, it means nothing
Any other Interpretation would leave it a
nullity, If not an actual absurdity.
l take no exception to the capability or
integrity of your nominee. You donot i'm
peach the character of the present .incum-
bent in this particular, yet you desire to su-
persede him. ask, on the 9TH, whether
there is anything in his official conduct
(which rendered IL the duty of the public
officers, in the protection of the interests of
| the State" to make change in the Office
| You ignore my right to ask the question as
| to the incumbent, but admit that 1may pro-
pound 1t as to your nominee. You seem to
regard the office as your property, and that
the Governor Is merely an agent to give le-
gal effect to your recommendations. l
do not so construe the law. This Depart
ment is as fully responsible for the protec-
tion of the interests of the State, as your
own; and, under my administration, will at
all times respectfully but firmly assert its
fair measure of power and control over
them, and the agents who administer them.
| presume it would be absurd, gentlemen,
| to attempt to disguise from our common
constituents that the principal incentive on
your part for a change in the New York
| Agency is of a political character. That Is
the leading, if not the only distinction be-
tween the present incumbent and your
nominee. Upon this point beg leave to
suggest to you, that the last manifestation
of the popular will in this State was some
what marked and decided in its character
and in so far as it is a proper element in
this case, livery summarily disposes Of your
proposition.
AS to Mr.. Russell, the present incumbent,
he has been faithful, trustworthy and COM
petent in the discharge of his duties; and as
the statute declares him ''eligble to reap
pointment," propose, in the fulfillment of
the law, and the exercise of my right there
under, to re-appOint him Agent of the State
in New York, for the term of two years al
ter the expiration of his present official
term. Very respectfully.
JNo. BRoUGH.
The Commissioners to the Governor.
OFFICE OF THE COMMISSIONERS OF THE)
SINKING FUND,
COLUMBUS, OHIO, June %, 1861
Hon. Jno. Brough, Governor:
Your communication of the Goth inst. has
been considered. A reply in the nature of
argument is, perhaps, not necessary.
You have, in the opinion of the Board,
exceeded your authority; and, following
numerous examples of these times, have
masked your partisanism with an unWar-
ranted, technical and illegal assumption
The members of the Board have not made
political virulence part of their official
capital. .. .
knowing, as you do, that the party to
which you belong has filled every Office pos
sble, and created innumerable Others for
the benefit of its adherents and converts,
and having only lately yourself enjoyed the
pleasure of decapitating sundry officials of
your own predecessor, who were "eligible
for appointment" the political disinterest-
edness with which you have addressed the
Board must have afforded great pleasure.
Having been elected by the people of
Ohio after the appointment of the Agent in
New York, at which election the authOri-
ties who appointed the Agent were fairly
repudiated, we can very properly regard it
ourduty to obey the will of tile people, and,
at the expiration of the present Agents
term. take care that the aif.iis of the Sink
ing Fund in New York are legally and
safely conducted. Nor is the Board over
shadOwed by the election of last fall. The
Board is aware, as is doubtless your Excel
lency also, that there is public opinion
about that election not at all 1lattering to
those exercising authority under it; and we
believe that the election of 1862 was q much
more satisfactory and honest expression of
the people than the election to which you
officially refer in your letter.
Indeed, so far as the appointment of q |
person holding to political views similar to
those of the Board is concerned, we would |
feel it duty performed to the advantage of
the State, and we do not hesitate to express |
our belief that it would be beneficial to the |
country, for persons of our political faith to |
hold every office in the Union.
1t is not necessary for us to inform You of |
your motives from the beginning of this |
We were well aware, |
from public and intemperate political ex-
pressions of your own, that itwould bev very |
difficult for you to reason correctly upon
this matter, and supposed, if it were possi-
Bile, the statute would receive political
We have not the least idea of abandoning
the department of the Sinking Fund to your
1ictation.
The Board say again more plainly, that
every appointment or reappointment of the
A gent in New York, can be made only upon
.he recommendation of majority of the
Board of Commissioners of the Sinking
Fund; and that if the Governor does not
that recommendation, he must
give his reasons for the consideration of the
Board. If he refuses to appoint and gives
10 reasons, or if he approves of the char
lcter Of the person recommended and will
rot formally issue his appointment, yet the
statute is substantially complied with, and
he Board can act accordingly. You say in
,our letter, Il take no exception to the ca
liability or integrity of your nominee"
This Is sufficient.
The Board therefore regard your appoint
nent of Mr.. Russell as unauthorized by
aw, and void. The public interest and the
of the Board must be protect
ID, even at the risk of anunpleasant conflict
With unlawful authority.
A more specific reply is deferred as to the
egal distinctions you seem to see. Your
attempted execution of the power claimed
las rendered argument unavailing, if pre-
has not existed to listen to
10 argument. Respectfully,
l.. X. CRITCHFIELD,
Attorney General,
w. w. ARMSTRONG,
Secretary Of State,
Sinking Fund Commissioners.
The following advertisement appeared in
he New York papers:
OFFICE OF THE COMMISSIONERS OF THE)
SINKING FUND,
Ink 1904 I /