The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-09

faithfully executed" To that end, he
is vested with the power to nominate,
and by and with the advice and con-
sent OF the Senate, appoint sll officers
whose offices are established by the
constitution or created by law, and not
otherwise provided for; he is authorized
to fill vacancies, during the recess Of
the Senate; he may remove any officer
he may appoint, ain case Of incompe-
tency, neglect Of duty, gross immoral
ity or malfessance in Office, and he may
declare his Office vacant, and fill the
same, as provided in other cases
of vacancy" he has power
to remit fines and penalties, in such
cases. and under such regulations as
may be prescribed by law" he may
commute capital punishment, and ex-
cept in certain cases, grant reprieves
and pardons after conviction he is
commauder-in.chief OF the military
forces of the State, Except when they
are called into the service ofthe United
States) and may call out the same for
certain purposes; be has q qualified
veto upon bills passed by the legislature
and a limited and special veto upon ap-
preparation bills; he has special pow
er OF appointment to the offices OF Aud
itor, Treasurer, Superintendent OF Free
Schools and Attorney General, when
either OF said offices becomes vacant by
death, resignation, or otherwise; the
subordinate officers of the Executive
Department and the officers OF all the
public institutions OF the State, are re-
quired to report to him semi-sunually;
if the unexpired term OF Judge be less
than two years, he shall appoint the
Judge to I'll such vacancy; he commits.
sions all judges, and performs other du-
ties prescribed in the constitution, land
such duties as may be prescribed by
law"
This increase and development OF
the executive power, and the limita-
tions and restraints upon the legislative,
were necessary to secure the efficiency
Of the former, and make it in fact, as
well as in theory, coordinate and
independent department of the govern
ment, The power OF appointment to
all offices not elective by the people,
by and with the advice and consent OF
the Senate, is essential TO the due and
proper fultilment Of the duties thus inn
posed upon the Governor, and the peo-
pie in the adoption of this constitution,
never intended to divide this RESPONSE
blity amongst the subordinate officers
OF the executive department. The con-
stitution says: "The chief executive
power shall be vested in the Governor,
who shall take care that the laws be
faithfully executed" This clause needs
neither explanation nor construction.
'Tis 80 plain that he who runs may read,
and the most humble understanding
requires neither notsn or comment.
Hence, as respectfully suggest, the
last clause OF the first section Of the
seventh article, "And shall perform such
duties as may be prescribed by law,
refers TO the Governor aud his subor-
dinate offices OF the executive depart.
ment, who are named, in their indiyid-
uslity aud not in their collective
official character. The construction
claimed by the counsel for the COM
plainant, that it is in the power OF the
legislature to impose additional duties
upon the Governor, other than those
prescribed in the constitution, may be
admitted, provided they are imposed
upon him individually. They might
by law have required him to nominate
the Board Of Public Works, or have
made the members OF that board elect.
i've by the people Of the State, or by dis
tricts as was formerly the law; but it is
submitted that under the Sth section OF
the fourth article, which authorizes the
legislature, in cases not provided
for in the constitution, to prescribe by
general laws. the terms of Office, powers,
duties and compensation Of all public
officers and agents, and the manner in
which they shall be elected, appointed
and removed, it is not within the con-
stitutionsl power OF the Legislature, by
special act to designate the Governor or
either one or more Of his subordInates TO
fill the Office OF member OF the Board OF
Public Works. By the constitution itself
nearly all the officers are elective. In
deed, so unnecessarily burdensome have
become the elections, chiefly owing to
the number OF officers 10 be chosen, that
but little attention is paid to the qualio
fcation or fitness OF any, excepting
some few Of the principal officers TO be
chosen.
If time permitted, would be glad to
pursue this subject; but l will now
leave its further discussion in its more
minute details, TO my learned brother,
who closes this debate on behalf OF the