New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-10-11

Suppose he should refuse to perform them
or suppose he should commit clear and in
disputable malversation in Office. Suppose
the Treasurer should appropriation 10 his
own use the funds Of the State. Is power
lodged nowhere to apply prompt and eth
the law furnishes none, and in the latter
the slow process Of accusation, indictmen,
and trial, or of examination and report by
named officials, must be resOrted to, and in
both, according to the argument, the execu
tive is without authority.
In the words Of the constitution, not
simply the executive power, but the ''su-
preme executive power is vested in the
chief magistrate; that is to say, he may use
authority which does not reside elsewhere.
He is sworn to support the constitution. Ar
ticle sixty-five requires him to take care that
the laws be faithfully executed. This in.
junction forms q separate and distinct
article, as if to make the requirement more
emphatic. 1t is command; it imposes an
imperative duty; it is an investment Of
power not delegated to either Of the other
branches Of the government: and if it can
be used only where express law defines and
authorizes its exercise, the article is Q dead
letter and means nothing. On what occa
sions and in what manner shall he ''take
care that the laws be faithfully executedc'
Not by remaining an idle spectator
official inidelity, but by stepping for.
ward at once and protecting the interest
Of the State, especially where no remedy
and mode of procedure are provided, they
must be followed, but where they are not
provided, the Governor still is commanded
to see to the faithful enforcement Of the
law; and having that power, he also has
the additional power to carry the express
grant into effect, and this implied authority
may be used in such manner as to render it
effectual. Therefore, if he is 70 take care
that the laws be faithfully executed, he has
the power to take such means as may be
necessai = to their execution; and il, in the
performance of this clear aud imperative
duty, it becomes necessary to suspend An
unfaithful officer from his functions, the
right to do so is evident The care which
he must take must be construed to extend
to all cases in which the public welfare is
at hazard, and no express provision exists
to remedy the evil.
Article l22 OF the constitution requires
all officers to discharge their duties until
their successors are qualified, except in
cases OF impeachment or suspension. The
power Of suspension is thus distinctly re-
cognized as residing somewhere, and when
the law is silent, who can exercise it +?
OAO~AAy AVe VA4O JuOACAdAy, 0AA = A$O6ASAo-
ture adjourned is powerless. The excep-
tiOns stated in the article are in the dis
junctive, SO that the one may exist without
the other. Consequently it can not refer to
suspension following impeachment, but to
suspension as an Independent act; and since
the constitution does not expressly confer
the right upon the Legislature, nor limit
it's exercise to that body. it may, in case
OF emergency, be expected by the chief
The right of the Governor to exercise
nhS 1Gt h1 delegated to him Law law
Of the State ex rel. Mahan VI. Dubuclet, %
An, COZ. The appeal in that case was taken
BY the executive, the Attorney General be.
ing then absent. A motion was made to
dismiss the appeal on the ground, among
others, that the Governor was without
power to prosecute it. The court said:
This ground IL untenable, the Governor
being the proper representative OF the
Stste, and bound to protect her interests"
have NO doubt, therefore, that the Gov
ernor has right to suspend m oflicer, when
IN his opinion it becomes necessary to do 90
State.
Even under our system Of government,
where all authority emanates from the peo-
pie, the chief magistrate is not designed to
20 mere antomAtOn, hound to follow none
but specifically prescribed rules.
Elevated to the highest dignity Of tho
6tate, he il clothed with Extraordinary
power apparently to enable him - take -.
whenever the exlGenclee Of
ehe moment require prompt actidn and the
leeuity o. granting relief = mos kovefned
undsr thsss considesations the eonrt i
n0G of 6h0EtY and IL u MT within ~ mo-