The Arkansas banner., 1849-02-06
tesvrsspoa4saeu q tAs ss.a.v.1 COL. JOHN X RatyP-FRP ArrIt,xr :.


 ot Gov. Drew, aad the nomination of col po.--," hH 'ae vacancy oceasiCaed thereby, by ,s. demo cratic members of the General Asssnhly q, sare necessary and Proper, uoder an ,b. ,,..-.- stances, are events of which you arc fnlv ,,.s.., The wh'gs ot .iue Rock--,hst is. inc l.a,l.,, "a, r'sa and organize fnr ths en're party m ,h. S..,. have nominated Cyrus ". Wilson as A, o,,....- candidate for governor No candid man, acquainted wi,6 both or them wiA deny 'ba', as for tAlen, and qualification, e. ihe cthce. Cot Rcane is much the sup.r,or or NJ. Wilson. It IS conceded. moreove-. tha, ,h.. a.... eFsts are largely in ,he majority in ,hs Slate, ,.A me whigs expect io succeed not by reason ol ,b. superior qualifications Of their esndila,. A, A. s'tehgh of their party, but fist hy encoo,,r,. z, vision on your part, and secondly by making h, , press'on on the public mind tha, Colonel Ra,0. legally ineligible 10 the office. ior cause ,xh,,. will be examined below.
 A word as to division Mf. sm;,hs,a nc rv.. ingion county, t seems, has though, pro,s, ,.,.,, the 'solieiiation Of Slr friends ,o anno,nc. s., self as an independent candidate It to be bo,,d that upon second sober thought, be win chance h;, mind, and withdraw for the good of the n,y,v 10 which he prefesses ,e belong; but-xhoud hr D.r,,., ln being candidate, no deaoerai should vo,s , Ai. under the circumstances for votes cas-, for hin, ,, only weaken Col. Roane, and increase fhc ch,n... ot hr- Wilson's election. Besides Mir snt,,,..,, was ih Lltlie Rock daring the time the members as the Legislature were eaavasns the claims of ..r,. rants for thefoninatiou; he sough, the nomi,,,,o, at their hands, and failed fo oef anv p,,,s He. therefore acting in bad faith o oppose ,e dees,on ot the body 10 whom be submitted hi, claims repeat, therefore, that no emotat shn,,ld vo,s f,r hun m this canvass, and, unless he withdraw. he VIII io'e'' all claims uPoa the party for support in future for any station
 But the whlss are iIliberally attempting ,e make the impression upon the pubic mind ,ha, Col Raaps cannot take he daelliag oath, if elected and thee. fore IS legally ineligible o the office. To ,bs s,h ject wish particularly 10 call your attention. ant will be plain ahout it.
 Wbue Capt. Pike and Col Roane were in Nexice and after the battle of Buena Vista inc torme, a,o. some commancaliohs 10 the Arkansas Ca.su, giving an account ofha, battle, tn which Col Roans thought injustice was done 10 portion of the Ar kansas regiment, and tn which he made rather harsh reply. On their return home, Csp, Pike ebal ienged Col. Roaue, he accepted he challenge. aud they went 10 the Indian nation and tough, duel which, fortunately for both parties, proved blood. less one. do not refer to this gusuel with be view of givlngsaa opinion 10 which of these gentlemen were in the wrong-they have settled ,he matter amicably. and there et il fest-bgt f IS generally conceded that Col. Roane. nnder all the circum- stances, could nol have honorabIy declined to ae- cept the challenge. l. is referred to simply for ths purpose of stating the grounds upon which f is al. eged that Col Roane is disqualified fer the oibce of governor. Is he disqualified thereby
 The constitution of Arkansas tAit ,, sec l..Di- ges, ?. 55) declares that the 'goroHor saaH 5s at ieast hrfy yearS of age, aatire born ef,.en o r. kansas, ar adt,re born cttt.es 1f Ae Ga,fsi Si4ie or q resident ef 3rkaRsas fen years sreroas o ihe adoption cf De constitution. J aQt alhre of be United States, aad sdaa hare bfcs resident ,i ths at eas! four years btjore Ae eieetioa And sec. 2s of Ar. |. Digest P I9.l provides that inc Governor shall take an cath to "suPpoH fhe eeHsii. tatloa of lse Usifed Slaie, aad o fhis Sais and "f"'s"" h"f'3f9 JAtas "s'5 tt '9f'f
 By an 4~e' of ou General Assembly. of 9Otb No. vembep. ls37 Digest. I. T56,} il is declared hat "eachcivi and military officer sha before he enleIs on the dutes of his nlFce. take an oath that he has mol, either directly or indirectly, beea engaged, 0f in any manner concerned, in any duel. or given or been the bearer of any challenge to hght duel iH this siate, since he l>j day ofJanuay, 93s," whch oath shall be esdoIsed upon the commission of such officer
 II thrs act is constitutional, and applies 10 lie governor as well 5s other officers, and Col Roaos has fought duel, accepted a challenge 10 hghla duel, in ths Siqte, wiihin'tAe period named m IL then he cannot take the dueii'tg oath, anu 1s 4s. qualified for the office of governos, On the eor- tfarv, ifthls ac' IS unconstitutional ioes uo erbrste the governor, or Gel Roane has not folsa duel. &c Ia Ais StHe. then there is no disqualification attaching lo h,m ifom tha, source.
 But | will waive he last two points, which @e merely technical, and take The broad and e'eaf ground thai fhe act IS UNCONVENTIONAL snd VOID, so far as it refers 10 oficers whose qualifications and oefh are frfd by the constitution. wiii waive 'he poini that becausr the act requires the dSehng oath to be endorsed oa the commission Of ihe officer ana the governor IS not c9nmissiened oihGer' therefore he does not come within ts pnrvlew. "iii s'so waive tse objection lbsl by s,rict construction oi the act (which he courts would give ) it seems 70 contemplate, only, dueIng ,eii,n 'he Stale or gi's or accepting challenge to fight dsei in hf Sa''' and that Col Roane accepted challenge 10 hsiH duel in fhe Iqdian country, and fought there.
 ni.a well settled prEeiPe of constitutional Ia" tsat aeere t eonsfaioa presoribes oe qualifications for q6ics, las Legislature eap0t pass aets TeqH"'Ag addihoAai d,ggfat, or Oth1 qaaIlieaf'ohs, no he'' than they can dispense with those fixed by the con- stituion aud iha, acts atleiaping 10 do So are mfe utilities. No well read lawyeI, Of well informed politician, wiil dispute inc correctness of 'his Ph' ciple. Fos example ibe clause of the e"hAs'a'''" above qaolel, fixes lhe qaAltic oi The go'''' nor as 10 age, at not less tlan thidy. Suppose 'A" Legislature were To pass an act declaring that 1'SH should noi be eligible to Inc office und he is i0Hy