Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-03-11
nEsIeyATIoN OF OFFICE.

REAN41 n WE VIZ 49,
We are informed that Governor Stew
ems, of Kentucky, refuses to accept the
resignation of Representative Gollady,
who stands charged with the corrupt sale
of cadetships. A similar report was
teleeraphed over the country as to Gov
ernor Senter refusing to accept the resig-
nation of our own immaculate Roderic
Random Butler, who is likewise charged
with selling the high prerogatives OF his
Office. 1t was perhaps malicionsly SAID
that Roderic Random wanted to kick out
of the traces, but that Senter was for
making him keep his place until his
conduct had been fully investigated by
the military committee. The question
of resignation, it seems, was not fully I'M
derstood in Congress when Whittemore,
of South Carolina, few days since,
forwarded his resignation to the first
scalawag of that region. He wanted to
recall this act of his until an explana-
ton was made and defense put in
against the accusation of having dabbled
in cadetship stocks The Speaker of
the House very wisely decided that
Mr.. Whittemore was not q mem
Der of Congress, since be had notified
him of his resignation to the Governor
Of the State, from which he was sup
posed to be Representative. Now, the
question comes mp, can an officer resign
his position at viii? and is there any
power in the land to prevent him from
so doing? 1t is understood, in law, that
every officer takes his Office with the lib
erty to relinquish the same at any time
he thinks proper, and with the under
standing that his compensation is sub
ject to legislative control.
This principle is well established
and there are numerous authorities
that can be shown in support Of IT,
There can be no doubt that a civil officer
has right to resign his position at
pleasure, and ii is not IN the power Of
the Executive to compel him to remain
in Office. It is only necessary that a
publication Of the resignation be made
to take effect; and it viii not depend on
the refusal or acceptance Of 1t by the
Executive. We believe the rule is. that
the Governor cannot refuse to accept the
ftender Of any resignation made 10 him;
but is bound to give notice Of the va
caney upon the receipt of the officer re-
signation. In the case of Representa-
tive in Congress, the individual holds the
Office by vote Of the people. and can
only be responsible to them. The Gov
ernor gives such an one when elected his
credentials, which are nothing more than
certificate that he (the Governor) has
counted TIE votes cast for and against
the candidate, and found that he
is entitled to the Office by
virtue of having received a majority
ofthe ballots. That the Governor should
upon this slender preteNt afterward sci
himself up as the judge whether this
man shall vacate his Office is supremely
ridiculous. And it was heralded through
the prints a short time ago that one Of
our Supreme Judges, W. J. Hawkins
had thought of resigning his position on
the bench, and did go so far as to for
ward saidresignation to Governor Senter
1t is said that he recalled this hasty act
having concluded to remain where he
was in the discharge of his Judicial du
ties. If the report be correct, then We
hold that Judge Hawkins has no author
ity to decide upon the legal rights Of
this people until be shall again hsTs sses
appointed by the Governor, or elected q
the position IL accordance with the la"
Of the State. Il is well to look into