The Arkansas banner., 1849-02-06

.,eh acts would be void. II follows clearly thai .. ,e, declaring that the governor shall take an ..,h h,for. he enters upon inc office, that he hss nO, f,urht daeI of given, Or accepted challenge :. s,b, duel, is, in effect. declaring that no man s1.n h. o,alesd for the office of governor who has t..,,, lacI. or given, or accepted a challenge, S. and that such aet is a aulliiY.
 r ,h. Legislature may thus indirectly abridge ,,,,. constitutional rights, hy making additional qualifications necessary to h the othee of governor, ,s,v may go further and declare ,hai man shall
 .,, bso,e he enters upon the duties of his office, ina, he has not been guilty of an e5ray' sssaa3 ana As,ry, or aBy other penal offence ih inc ca'eader ,f ,rmes-they may even extend it to all inuorali- ,;., and make it very difficult for the people oi Ar kans,s to find nan among them qualified Tor goVer- nor.
 ,r-bcra are some offences for which man may be sx,lude4 from office. For ins,sace, the eonsti.u- nop fsec. l2, Art |. Digest, ?. 46) declares that a,bs General Assembly shall exclude from every oas.e of rust or profit, &r., all persons eonsiefed of b,tbery. perjury, or other nlaWOas erise." And ia pursuaaee of ,his provision the legislature nave passed acts excluding men from offi,e who have been convicted of such offences. tSee Digest, P. 37s.) Bat hazard The opinion that |; the General Assembly were 10 pass an act declaring thai per- son elected to an office, before entering upon the dat;es thereof should take oGLh that he AGd not i,,n eozrieted of any of the infamous offences en- 5racsd in the law above referred to, that such an act would be a uuiy, because it would be m effect
 
 making him awiness against himself, which IS con- ;rary 10 the spirit oi paramount law. This, how ever, is given by way of illustration only, for duel ing IS not an infamous offence within the meaning the term as used ii the constitution, nor has, nor eould the Legislature declare it to be sach-at least where death does not ensue.
 l. may be well 10 remark here that the members of the General Assembly, who nominated Col. Roane for governor, were advised of his having been en- gagel m duel. and they regarded this as no legal obstacle to his election, and some of them were law yers of reputation and ability.
 Again. the act prescribing the duelirg oath, de clare, that each eirI and military officer" &c., snail take it. Why s it then, that the members of the General Assembly have neyer taken the dueling oath Are they no, civil oitcersl Why did not the whig members ofthe las, Legislature, who urging tbe subject ia question against Col. Roane, take the das!1ng oaih' Every reason, and construction of law, that would require the governor 10 take il, ap piies::eqaay to then-yet they did moi take il. The answer for them, and for Col. Roane, is, that the constitution prescribss ,he qualifications and oatt b5th Of the governor and members of the General Assembly. ard acts adding thereto, are not ob- ligstorv.
 l. conclusion, permit ne 10 urge the democracy of Arkansas not 10 be hambugsed into the support Of whiy candidate for governor .os disorganizs) by nere seayeG0r!
 Ccl, Roaue is worthy man-a gentleman of de- cilet taisa's-we qualified for the oifce--a sound democrat, and highly deserving of the united sap- part of hi; party, which tlcy mast gioe tn, or sr ri3 io De elected Let every true democrat, there fore, forge; hs personal preferences attend the elec ian, ant vote for Col Roale as ;ke only accredited candidate O the party in this canvass. "Esery man 10 his tent, oh Israel"' II.