Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1866-01-11

/ w tue act OF thelr Institution, from attach
| ing such directions and conditions TO them
as the interests Of the State itself, in the
/ judgment OF the Legislature, might re.
l.quire. Moreover, such an idea Of vested
! rights in Offices, to be concluded by q trial
by jury, or sentence Of court, has never
gone into practice in this State or country.
If other argument were necessary upon this
point, an overwhelming answer may be found
| in the 9Th section Of Article X Justices
Of the Peace, and county and township Off
GERS, may be removed in such manner and
for snch cases as shall be presented by LdD. ."
Now it is not prete ended, that this is express
authority for this removal neither is it de-
MED that this inclusion of all Others officers
might be fairly interpreted, as an exclusion
4 Of all others, if there existed any general
principle OF right to be invaded by such an
exception. BIT what it does prove is this
That, inasinueh as the Bill Of Rights is of
universal application, this authority, sum
marily 10 deprive any man of his office.
proves that this section of that bill does not
refer 10 offices.
Upon the second point, il does seem to
me very clear, that the words "iadicuL
po,cer were not intended TO, nor do neces-
sarily have the wide signifcation claimed for
them. Neither is it apparent to my under
standing that every exercise of Judgment
or conclusion as to facts or law makes the
officer who exerts it a judge or court
Nor, yet more specifically, do / believe that
this act of the Governor, Auditor and
Comptroller, in this particular case, did make
US to usurp the functions OF court. Our
laws and customs from their beginnings, are
full oi these instances Of Discretionary power
in officers, who are not judges.
The remaining points are more difficult
Can the General Assembly. itself creation
Of the Constitution, take summary power
over the existence and tenure Of an Office,
which, like itself, expressly derives its au-
thority and term from The same source? All
| shall say upon that question is, that these
creations are like the stars, digering in their
magnitude and that in these differences the
Constitution did not merely create the Gen
eral Assembly q very superior, and the
Treasurer of State very inferior power,
but in many essential regards it gave the
former pywer over the latter and subOrdi-
mated this to that This, too, is in the nature
aud of the essence CT the two grants-the su-
preme legislative power of the whole State
Department of the Government, and u mi
nor branch Of the State Execuuye-its
Treasury.
In giving the proper construction to this
24th Section of Article III, it must he re-
membered. that, time out of mind, the
courts, against the grammatical powers Of
these auxiliaries, have repeatedly held
may" to mean "shall''-that is. as not be-
ing permis-ive but imperative in its sense.
If this be the construction in this instance,
then our whole argument is concluded, and
against this statute. This constructions
would make the trial by impeachment as
the sole mode of disrossessing these default
ing Officers of State of their powers to
do wrong in office. l do not know that
could, if would, by proiracting this docu
ment already much too long. satisfactorily
remove these doubts. But | take occasion
to caution the General Assembly not too
| hastily TO ad PIT a construction which de-
prives it of this authority Ii you will only
consider all the consequences of leaving in
office Treasurer, who shall have been de-
tected in the embezzlement or theft of the
public money, until he can have been con
victed by either of these modes Of public
trial by his peers, yol will discover that the
State is, indeed, without remedy il these
most injurious emergencies. If the coasti-
tuition says so, by all means, at all sacrifices,
obey it. But do not too rashly conclude SO
harshly against the good sense of that in
! strument. You may be told that the legis
lative branch of Government has the power
to suspend the officer on suspicion, until he
shall be found guilty. But apprehend he
must be sharp casuist in legal discrimina-
| tions, who can show a substantial argument
| for this authority, who escapes the constitu-
| tional objection to the summary removal
| And | beg leave to add, furthermore, that
taking the whole case together, am, my
self, inclined to dissent in opinion from
those who deny your authority IN this be
half The subject is, however, of both sut-
ficient moment and doubt to require the
most careful and conscientious consideration
aud action by your body.
MISCELLANEOUS MATTERS.
Many other enactments aud amendments
Of the laws have been suggested to me for
recommendation 10 you. Amongst these
which | feel justified in recommending are
! the suggestions of the Secretary OF State In
regard to the Great Seal OF the State and its
uses. and to the election laws.
| Whilst u, on that subject, l beg leave to
say, as my own opinion, that the soldiers
voting law ought to he at once repealed.
There is no need Of any such privilege now.
And trust that we may never again have
the occasion and necessity for it. Unless
repealed, it will serve alone to obstrruct and
delay the returns of our general elections.
Notwithstanding the pressing necessity
for diminishing the clerkships and 9th II
officers Of the State Government, l believe
the public interest would be promoted by
adding clerkship to the Office Of the At
torney General.
The approaching pestilence of AsiatiC
cholera, so soon probably, 10 affllct th'
hearts Of our people by its distinctions OF
life aud happiness, must occupy your gray
est deliberations. What you can do is diff
cult to determine. 1t may be that the bes
thing you can do will be to authorize tn
cities, tows and villages of the State to leg
islate within your own welfindicated ant
prescribed directions and limits) for iis pre-
vention and alleviation. The usage is ba'
one as a system of legislation. But II ther
are some cases in which the delegation oi
! such authority p1ust be granted, this woul'
really seem TO be one of them.
Some of my predecessors: have recon
mended the establishment of Inebrlate ASy
lums. Drunkenness is again becoming Wnc
too common a vice. And, in all probability
, as other excitements of the war shall sui
side, it will continue and increase. 1t may
: therefore, perhaps, be well enough, for tn
. General Assembly again to consider TIN
matter. Ii, in your Judgment, the hnancc
= of the State will justify the expenditure