The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-01-10

that all officers Of the State may be impeach- /
Ell for any mis,lemcanor in Office.
The first point does not seem to me to /
have any force or application to the Iues-
ton. This twhole Bin of Rights must be |
construed to appertain TO persons as such |
and not to officers. The Offices Of the State |
were certainly never intended to become |
vested rights so as to preclude the State,
even in the act of their institution, from
attaching such directions and conditions'to
them, as the interests of the State itself, .lu
the Judgment of the Legislature, might re-
duire. Moreover, such an idea Of vested
rights in offices, to be only concluded by a
trial by Jury, or a sentence Of court, has
never gone into practice in this State or
country. If other argument were necesSa-
ry upon this point, an overwhelming answer
may be found in the 9th Sec. ion of Article
Y: justices of the PeacsSa county and
township officers, may be removed in such
nunner and for such cause as ShaU be pro
scriJed by Ltg" Now, it is not pretended
that this is express authority for his removal;
neither is it denied that this inclusion of all
other officers might be fairly interpreted as
an exclusion of all others, if there existed
any general principle Of right to be invaded
| by such an exception. Bat what it does
prove is this: That, inasmuch as the Bill
of Rights is of universal application, this
authority, rily to deprive any man
of his office, proves that this section Of that
bill does not refer to Offices
Upon the second point. it does seem to
very clear, that the worls 'Jiudicidi po,oer"
were not intended to, nor do necessarially
have the wide Specification claimed for them.
Neither is it apparent to understanding,
that every exercise of judgment, or conclu
sion as to facts or law, makes the officer EhO
exerts it judge or a court. Nor. yet more
specifically, do [ believe that this act Of the
Governor, Auditor and Controller, in this
particular case, did not make us to usurp
the functions Of court. Our laws and GUS
toms, form their beginnings, are full of thse
inseances of discretionary power in officers
who are not judges,
The remaining points are more difficult
Can the General Assembly, itself a creation
of the Constitution, take summary power
over the existence and cenure of an office,
which, Ike itself, expressly derives its au
thority and term from the same source p
All | shall say upon that question is, that
these creations are like the stars, differing
in their magnitude; AMI that, in these diff:
ferences, the Constitution did not merely
create the Genera Assembly very supe-
ri0r and the Treasury of State very info
rior power, but in many essential regards it
gave the former power over the latter. and
subordinatod this to that. This, too, is in
the nature and Of the essence Of the two
grants--the supreme legislative power of the
whole State Department Of the Government
and Il minor branch Of the State Executive
It's Treasury.
In giving the proper construction to this
24th Section of Article Ill, it must be re-
membcred that, time out of mind, the
courts, against the grammatical powers oil
these auxilaries, have repeatedly held
''may" to mean 'shlll"~-that il, as not
being permissiye but imperative in its sense.
If this be the construction in this instance,
then our whole argument is concluded, and
against this statute. This construction
would make the trial by 'hnpeachment"
as the sole mode Of di*possassing these de-
flulting Officers Of State of their powers
to do wrnn3 in O,ice. | do not know that
[ could if would, by protracting this doc
ument already much too long, satisfactorily
remove these doubts But take occasion
to caution the General Assembly not hastily
to ai1pt a construction which aeprivas it Of
this authority, If you will only consider all
the consequences Of leaving in Office a
Treasurer who shall have been detected IN
the embazzlement or theft Of the public
money, until he can have been convicted by
either Of these nodes o. public trial by his
peers, you vii. discover that the States is,
indeed, without remedy in these most in
inrou3 emergencies. # the Constitution
) SAYS so, by all means, at al 50 riiices, obey
} it. But do not too rashly conclude so harsh
J " against the good sense Of that instrument
You may be told that the Legislative branch
Of Government has the power to suspen
the officer on suspicion, until he shall be
found guilty. But | approhand he must
be a sharp cssllst in legal determinations,
who can show substantial argument for
= this authority, which csc: ges the constitu-
tional objection to the summary avowal. -
Aal | 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 suTti-
cent moment AMI doubt to require the most
, careful AMI con3cientious consideration and
+ action by your body.
r The return to the statement Of the pro-
, ceaaing; finding me fixed in this purpose
, of "vacating" this Office at any hazard, the
= keys were surrendered upon the terms which
) [ myself hal originated and proposed, OF
rather in lcatol as to be proposed, several
) days before hanl. Ooher obstacles were
then thrown in the way Of the new exami-
nation ana account prescribed by this Act.
Bat as they, too, were arranged in conso-
3 nance with these principles and my resolu
ton, and as their specification could serve
no public good and might pos Fibly do soma
, injury, | do not deem it necessary to partic-
ularige them.
In thi, stats Of things, and after this Sur.
, render of the keys, anl the examination OF
the treasure AMI accounts between the All
ditor and the late Treasurer, (all matters
being found right upon the basis Of the Ex,
aminer's report | received by the hands Of
his counsel, on the 18th Of September, Dr..
: Dorsey's letter of resignation, sO-called. -
Here was now doubt and difficulty
' Ought the Governor, could he accept the
{ resignation of a vacant Office Would not
! his acceptance Of it fairly imply the nulIity
of this law the consequent tenure OF the of
, flee in DR.. Dorsey. and the consequent in
validity and injustice Of all these proceed
{ ings? | could sec no other logic for thi?
conclusion and, accordingly, | decided
promptly not to accept Internationally this
+ resignation; but, on the other hand, being
entirely wiling through kind feelings to
the accused, to Do anything which could be
agreeable or useful to him, which should not
: conflict with my higher duty to the State,
: and seeing, further, more, the great adyan-
! tage to her best interest OF having an abso-
lutte and undisputed possession of the whole
Office, agreed to, and did, sign a letter Of
] acceptance Of this resignation, in such phrase
as | thought saved, by its qualifying terms,
the full rights Of the State in the premises.
Dr. Dorsey thereupon gave up all claims to
} the office, and [ was so enabled, without
the use Of violence, to secure it for the
State, and to procure, what otherwise |
} could not have done new Treasurer, dis
L - e e II;l.n 4inr, nc,.-