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

necessity il was nsxt asked, was there for
for4,. when 4 peacoable remedy, 50 easy
and complete, was 50 c'ose at hanR The
suggested remedy being supposed to be q
suit tn obtain this Office, the counsel were
re,pinlei that civil action was not pre-
s.,ribal by this law, AL were assured that
il aud il alone sholld BE- strictly pursued in
all i,s lines all limits. Then followed the
inslan; demand: What authority, by this
or any other Law, the Governor hal IN the
Treasury Of the State, or what further au-
thority ne had in these particular proceed
ings, after issuing the order and causing the
arses.? 70 this most pertinent AMI some
what startling interrogItOry, no other, or
better, reply could then be given, or can
now be thought Of, than these, viz: That
the Governor is male by the Constitution
1.-THE supreme executive Of the State, and is
specially commanded "to see that the laws
are faithfully executed and finally, that it
the proposed action could not DC sufficiently
derived or implied from this general au
thority, what further powers were legally
wanting, mast BE- forcib!y usurpeJ, to meet
an exigency and dangers to the public as
great as thee. For, after the law had de-
elared this office vacant, and especially and
emphatically that, upon the Issuance OF the
order, all the official p0ioerS aud functions
of this particular individual shall cease and
determine" "aad he shaA no longer be
Treasurer," if the Governor, charged with
the enforcement of the laws, should still
suffer him to remain in Office, it was very
clear that if he should thereafter proceed
to plunder the Treasury of its last dollar,
and to the amount of millions, the State
would be without preventive remedy, and
his sureties would be, by Ilw, wholly exempt
from their liability for him; since the State
would at least be estopped from denying
that the Office was vacant, and from assert
Ing that he was the Treasurer. Such dia-
emma made an exigency too pressing and
dangerous to lose time Or increase perlls by
dallying with doubts as to want OF literal
pOWees. Moreover, as to the Governor 5
want Of authority in the Treasury, it was
plain enough that, little as he might posi-
bly have, he had at least more than the late
TrGa3urer; since tho former had not been, a.
thglatter, definitely excluded thcrefrom.
The hiatus, Or gap, in the proceeding re.
quired by this actin regard to where the
right of possession of this Office shall lie,
after the Treasurer shall have been stripped
of bis right, and before his successor shall
have been appointed and qualified dc.
mands much grave consideration in amend
ing it, This question was symbolized ii
this controversy By the contest for the
''key5." 1t is now necessary to explain the
strait in which the State was placed by this
uncertainty Of the law.
The only precedent for the custody Of thi
keys of the Treasury during that interreg
mum which must exist daring this interva
or vacancy in the Office of State Treasurer
was that made by the then Governor
(Chasc) in the case OF the removal Of Glib
son, and during the preparation Of the bonl
Of Mr. Stone. The Governor himself took
and kept possession Of the keys during tha
interval. With the greatest respect for th~
legal Judgment and discretion Of that emi-
nent jurist, [ thought this precedent not ;
good one | therefore promptly determin
ed not to follow it. And being advised tina
the keys were so duplicated and arranged
for partial action that, if one half set should
be placed in the hands Of one varty, ans
the other half in possession Of a ditFercn
party, neither could get access to the Trca
8ury, voluntarily ana in advance made tht
proposition for that arrangement heretofore
specified. After much time occnpiod in re
fusalS, discussions anl explanations not ne
ces$ary nor proper to here specifically Sc
| forth, the offer was accepted; ana immGdi
atelyu upon the arrest, the keys were actually
so divided between the Auditor, acting toI
the State, and DR.. Dorsey, as The custodian
of his owa rights and those Of his suroticS
This statement sufficiently ex9nplities that
difficulty for t q Legislature il it shall choose
to enact a remody for it.
And now, out Of this fair history Of thcst
transactions and counter claims, there d,
certainly already arise several most grayt
and important questions, not only as to tn,
state Of the law, but Us to the constitutions
powers of the General Assembly to hlv
passed or to pass this Or similar laws. 1t i
no part Of my duty Or purpose, further thar
| is requisite to that Of recommending meas
nrcs of their amendment, to IN ke an argu
ment upon these qlostials Of cOn'titltiona
right, 50 involved in these proceedings -
| Tnltdut is left with i tribunal which is in
| this respect at once above th executive an.
the General Assembly. NeithGr do [ pro
pose to say anything iu mere vindicaton 0
the particular course or OF the motives o
the object so peinfllly mblrra5sod by the''
strict anu hard duties. That vinIication,
necessary to him, must be left to the so5e
u lgmant anl conscienae3 Of impartial men
when they shall have been acvi5ad of all th
tA;.5 ii Tho case, anl shall have duly re
ac3tol upon all the consequences of tn
c)u:3a of action which he took on the on
hpnl AL aeon Their me 3table alternative
Oh the other.
u recapitu.ate these questions, evolved
from this controversy, which are Of practi
cal utility to you in your duty Of amendin
the laws, they are:
First; Can the General Assembly, sum
marily and without trial or impeachment
! diSp0ssess the State Treasurer Of his O.Iia
anl make it vacant?
Second: Gan it, for thi; or other ends
empower these three officers to pass judg
m mt upon the findings Of the Examiners
report and authorize the Governor there
upoa to issue this order and make this ar
rest? And
Third Has the Governor, by the Consti
tuition and the laws, as the laws stand, tn
authority to take action in carrying this la,
into execution, beyond anil after the poin
OF issuing the ord and causing the arrest
To dispose of the lesser an least dill ,llt
question first If the General Assembly
after concluding that it has the constitu
tional power to enact this proceeding, shal
yet perceive that this law is really defoctiv
in not specifically authorizing the Governo
to intorce its full execution, it is surely yol
indispensable duty to remedy this defect b.
an amendment, in express terms. 1t mus
b. observed once again, that, if the oXccu
tive power actually fails at that particula
point, this, your own proceeding agains
emb9zzlement, fatally breaks down ant
stalls its whole remedy at the most critica
the vital--point Of its intended force.
The first great question of Constitutiona
power in the General Assembly really un
derlies and incloses all the others, And be
cause its decision must chiahy control youl
action, 80 tn 1t you mast either repeal thl
law, or being beyond the power Of amend
nan, or else you ms lend it the "blcs'o'
amending hand, it seem; also my duty t
cav 5o,nathiny m iF I Glnl fhn ln.a ra,,uu