New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-03
WHAT MAKES AN OFFICER.

WHAT MAKES AN OFFICER.
The editorial columns Q: the REpcB. |
i1cAs. some weeks since. defined the al.
thority Of an Office. in discussing the
Colfax affair.
4 correspondent takes up the subiec:
and atisms that, SO fax as the appointing
power is concerned. the nomination O. az
officer can not be revoked by the appoint
ing power. because. having exercised tie
power, bein; Invested itse!: Of the power
to designate. the act is complete SO far as
the appointing power is concerned. Thus:
the executive nom;na:es collector 0.
customs, and the appointment is coz
frned aud accepted. Very we'll. The
officer is appointed so FAX as depends On
the appo:ns.a; power. Now. can this
certificate OF nomination and con-
i1ma:ion called commission be
vacated unless by positive &C: o! removal
or deprivation. Thus far our correspond
eut and the REPUBLICAN agree. but there
is something else requisite to consum.
mate the authority Of an officer. There
are others interested besides tGe execr.-
tive and Senate. It is the public. among
whom are ourselves. This otficia! All.
tho-ity is 70 be exercised. The law passes:
by the popular representatives il part
provides tina: before this nominee thus
commissioned can perform an official act
H. ,i,,N x,1- II, snT ,llccyT1or- Ne
shall be free from: any iesa! imped:rea.,
Of felony, or. in some cases. Of political
opinions. The law requires in reS9:d 70
man: officers still more than this. The
person commissioned to exercise az Office
mus. give bond and security. conditioned
that lie will perform his oficia! trus: and
aocoun: for moneys coming into his Lands
by virtue Of his Office. This oath and
this bond mus. be given, no: before
the executive nor the Senate, bu. before
| the Judiciary. "a independentsaDd sub
stantiye constituent Of the appointing
power in such cases.
No man. then. who may have beec
designated and commissioned an officer
| has cousunamatei his office until he shall
| have complied with the law under which
| the executive shall have nominated and
| the Senate confirmed him. Let Us &C.:
the reasons Of this practice By az :-.gu-
! ment drawn, if you will, from tie ireca-
| ven;ence Of disresarding il.
! An executive dominates. and Senate
confirms to Office al alien, telon. or II
insolven. person. Such an acciden. KAY
be supposed to happen from ignorance 6.
false representations. The alien could
no: take the oaths required By Law. ihe
+. se!on would be ;pso .fncto incapable to
| take Office. The insolveI. could give no
sufficient surety. Would it be reasonable
to say each Of these men is az officer, be-
cause he has been commissioned 10y Il :
executive: Then what is the Use
Of requiring On cath or a bond
Of office: If man holding this
commission is az officer ds .jure, then is
he Independent: o; the law, and then might
an executive qualify whom be pleased Is
his oUr signature alone. The EsCl..'
L1cAS controverted the iega! authority 0.
Dir. Nash. styling himself sheriff o: Grant
parish, because, even if he Ia! been ro.ai-
mated and ccndrme; as published an:
l commissioned as sheriff, he Lal Go: ye:
complied with certain conditions ;adis.
pensable TO the consuunatioH 0: his os.
| fee. He lad neve. been swora in court,
nor given bond with su:e:y approved *
the court, and SO was 10 ofsce.. The e2-
1 ecut!-e could not have seoiaine! liz
power @: appointment il :Li5 case MAIL
TIE commission should lave been avoided
by failure Of the nominee 20 comply with
the law OF by regular amot;o. f.ou. o...ce.
| There are, then. three essentials 90 Official
authority: l. Nomination. 2. Confirm
| tor. both siGnised W certificate CT Goa
mission. 3. Qualification. any one Q,
these conditions omitted. the re1so:
| claiming Office i. withor: legal authority,
and his act. are void Tor intrusion iuto Of
fee.