The Democratic advocate., 1881-08-06
DEMOCRATIC TICKET.
The Governors Latest Farce,

When Governor Hamilton was first in
Quoted into the Office of governor, he at
tempted to be the legislature as we'll as the
executive. Now he is assuming to be
the Judiciary.
On Wednesday he instituted a court in
Baltimore, and proceeded to investigate
certain charges of official misconduct
against several registers of voters, to de-
termine whether or not he should remove
them. Counsel for the accused denied the
power of the Governor to either try or re-
move the registers, and cited him to the
second article, section fifteenth, of the con
stitution. That section gives the Gov
erner power to remove for incompeteney
and misconduct only those civil officers
who received appointment from him. Prior
to 1868 the Governor alone appointed reg
listers of voters, but now they are appointed
by the Governor with the adviee and con-
sent Of the Senate, and consequently are
not guberuatorial appointments. Their
appointments are made jointly BY the Gov
ernor and Senate. Neither can appoint
alone. If nomination by the Governor
is not acceptable to the Senate, such NOM
inee cannot take the Office.
If the Governor had the power claimed,
he could readily defeat the law requiring
the advice and consent Of the Senate, by
removing any and all officers he pleased in
the recess Of the Legislature, and in
stall set of officers of his own selec-
tion entirely. Such a power in the
hands of a Governor would be dangerous,
and never was intended to be conferred.
1t certainly never could have been intend
ed in the case of registers of voters, who
are liable to both civil aud criminal pros
ecution for violation of duties. The Cow
ernor is not judicial officer, to interpret
the laws and to determine whether or not
an officer has construed and administered
them properly. No such duty or right be-
longs to the Governor. 1t is matter for the
judiciary solely The conduct of a register
Of voters is a matter between him and the
people. and not between him and the Gov
ernor. The Governor and Senate are to
appoint persons supposed to be competent,
faithful and honest then the law steps in
to regulate such officers after appointment,
compelling them to do certain things, and
imposing 6ne and imprisonment for dere-
LECTION.
The registers who are now being tried
by Governor Hamilton should have paid
no attention to his proceedings. He has
no power to try or remove, and they should
not attend bis sittings If he chooses to
90 on with his farce, aud remove them,
they can refuse to vacate their offices and
take the matter to the courts for determi-
nation.
In these Investigations the Governor not
only claims power to try aud remove them,
but also claims that he has precedent for
such procedure The precedent IS his
own action in trying register some weeks
ago. Such action might be precedent
for future Governors, but it is ridiculous
for Governor Hamilton to claim it as
precedent for himself. Besides, even that
case has not been determined, and if it had,
precedent does not supercedc the cOustitu-
ton.
Another farcieal part Of the Investigation
is the trial of one register upon charges for
which he had been tried in the United
States Court the past spring, and in which
no conviction was had. When the Gov
ernor was reminded that na one could be
twice put in jeopardy for the same offence,
he said he knew nothing Of the matter and
continued the trial.
The evidence adduced did not sustain
the charges, and the investigation was adj
;o,,-,,,I ,,af;I vestp,day