Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1865-09-22
REsIGNATIoN OF MIR. DORSEY.

Treasurer Dorsey, who was arrested and re-
moved from office by authority of the Governor
on Monday last, has addressed letter to the
Governor, resigning the Treasuryship Ofcourse
Mr.. Dorsey assumes that he had never been le-
gally removed for had he been he would have
no office to resign. The letter indicates that his
line of defense will be to deny the constitution
ality of the law for the violation of which he has
been arrested. We append the document:
TREASURY DEPARTMENT,
COLUMBUS, ONO, Sept. 49, 1865.
To His E.ccetlency Charles anderson, GoUe7ror
Of Ohio:
SIR: 1t is known to your Excellency that
serious doubts are entertained by legal coun-
sci as 10 the c0nstitutiOnaiity of SO much of the
act ofthe General Assembly, entitled can act to
further provide for the better regulation of the
receipt disbursement, and safe keeping of the
public revenue, passed April 18th, 1858, as en-
acts that, upon the arrest of the State Treasurer
as provided by that act, the Office shall become
vacant-it being seriously questioned whether
the General Assembly can GUST an officer whose
office is created by the Constitution, upon an
allegation of misconduct without any judicial
finding that the allegation is true, without Civ
ing him any day in court to contest it, or pro-
viding any other mode by which he may be
heard in his Defense and without any judicial
sentence of custer against him, If these doubts
be well founded, and the provision in question
be unconstitutional, as l think it is, it results
that [ am still the Treasurer of State, and can
not, so long as continue to be such, legally di-
vert the funds and effects to another.
But, it being your purpose, treating the office
as vacant to appoint State Treasurer deem
IL best in order to remove all difficulties and to
prevent any embarrassment to the public SER
vice. TO resign Claiming, therefore, that | am
still Treasurer of Ohio, / hereby resign that
oifice-this resignation to take effect as soon as
you shall appoint my successor, to whom L am
ready to deliver all the funds. property and
effects belonging to the office.
| am very respectfully,
Your obedient servant,
[Signed] G. VoLNEY DORSEY.
To this communication Governor Anderson
replies as follows:
The STATE OF OHIo, }
EXECUTIVE DEPARTMENT,
COLUMBUS, September Is, 1865.
Believing the law referred to in the foregoing
communication to be constitutional | consider
the office of Treasurer of State vacant. But as
Doctor Dorsey scounsel expresses doubts wheth-
er a delivery of the effects of the office TO sue
CtSSOf ny ny
him, would relieve him and his suretes from
responsibility for such delivery and official bond
and being willing to relieve them from any ap-
prehension on that subject, hereby accept the
foregoing resignation of g. Volney Dorsey of his
title, if any he has, to the Office of Treasurer of
State.
[Signed,l CHARLES ANDERSON
Governor of State
This procedure on the part of Mr.. Dorsey will
remove much of the embarrassments which the
new Treasurer would have felt in assuming office
and it viii perhaps be less difficult to find a
suitable person who viii accept the trust The
Cincinnati Commercial states that the Treasurer
ship has been rendered to William Hooper, of
Cincinnati.
There is entire harmony in the Cabinet on the
nuestiOn of frecoustruciion