Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-10-27
NUMBER 53.
IN THE SEVENTEENTH J
CIRCUIT.
LETTER FOURTH.

~ 'uPeIVlse ana decide cOntr0v-rted lIGicla tiec
.'T"s MoneIs 10 be found in either-dir-ct or IN.
pheu. Inc Governor himself rests his Intervention
on au e1pBcii concession that express authority
eA'''s nnu tns nearest approach TO his justification
tor assuming II, IA mos: improbable conjecture N
s"d 20 0sf" roDrr'm on any department. II rol'd' s
hare been on the Erecutire.
We have seen that the attempt 10 deduce this pow
of supervision from the power to commission"
cannot avail; that this power TO commission j. es-en
TALLY executive or ministerial while that supervise
aud decide ss claimed, il as denonstrabiy Judicial
that by the admission OF the Attorney General. the
Governor can commission none who are not "en'i:l-d
to commissions under the Constitution and the r~"
that whatever authority may exist III a Court,
in either house Of the General Assembly, no eXam
nation can be made by the Governor into the merits
of contested election nor the power lawfully eSer
cised by him Of commissioning sr 1nsr0 ni0'H any
person as judge against without legal return
We may dismiss this branch of the subject with one
further remark. Ifit be meant 10 affirm that be-
cause the Governor has the power TO commission
every commission granted by him is ips0 tdci1 valid
the consequence would follow that commission Ia
one having no shadow Of title, would be- valid
to one duly elected; to John Smith, for example. a.
to Mr.. Stras or TO Mr. Fukerson. Ii that be- not
meant, then the question whether Mr.. Fulkerson wga
or was mot emitted under the Constitution and The
law, is in manner concluded or affected By the
grant of q commission.
As unsvsing is the effort to deduce the powe. OF
Supervision from
THE DUTY IMPOSED UPoN THE GOVERNOR "To TAKE
CANE THAT THE LAWS BE FAITHFULLY kxEcurEp'
ASp ITO SUPPORT THE CONSTITUTIONS.
The oath to support the Constitution Is not referred
TO, presume, as importing substantive gran; oi
power. Could it be SO construed the power would
be divided among too many participants 10 make II
Of much value II is rather restriction than pow
er; at least was 80 intended. Let that pass.
In taxing care mat The ldrs b. taNtWiy crcrn'f
the first duty OF Governor OF Virginia L. 10 take
especial care that he does not violate the law hns-'.
| by assuming powers never conferred upon him. IL;
| it not be imagined for moment that by reason of
| sp., - tk,aI,
oRary authority 10 interfere in ali where he
may consider the laws To be violated, aud in the ab
sence of special statute 10 prescribe and appy the
mode and measure Of redress. Ii would be uniu-' g
ascrbe either to the Governor or the Attorney.Geu
raj misconception of the spirit aud meaning OF IL"
| Constitution, so gross.
No: there are limits to this executive fY'gr
| despite the downward tendency OF this progressive
age to concentrate power in the hands of one man.
which sound constitutional uris nor true repG0-
| can will fail TO recognize They will be seen az
once in the nature of the duty ITSELF and that of rhe
department to which it is assigned; above al! III
that barrier between the different department. inter
posed by the fundamental law TO resist the naur.l
proclivity of men 10 grasp at power and. especially
| of those who spglehanded WELD the sword OF eAr"u
| tive authority The Injunction introduced Tor the
first time in the Constitution Of 1880 s as IL terms m
| port, purely conservative. Before acting unt-r 4.
the Governor must ascertain that SOME voLArIo> II
lar has been committed, IS meittHsd; that ne "nsr
is one properly, # not erc"s'rey Of erecm'gs e2si
L =
Ia be dppiisd srlcly erecutjrs IN their charoc''~
| Utterly unwarranted is the supposltlon iht' the
framers Of the Constitution or laws ever n.n1rd -
the general clause in question: to confer on III! IA
ecutive the special authority now claimed uEd'T r.
| No such design be justly attributed to the ipun
ders Of our Commonwealth, or 10 those VIII" sImc.,
| in endeavorng TO mend, have sadly marred turlr
| handiwork. The construction now attempted wound
.ths the most vital principle of the Cons'iiG'iuu
concentrate in the hands ot one msn all the powers
of government aud leave us the privilege a!io"rG 10
the slaves of France Of choosing master al the i"n
I of the bayonet. The charter OF our liberties would
| be but a dead letter; a body without soul. it
| makes this take care clause far more CVrnPre.
| nensive and dangerous than the ''g,ucra weI;Ifg
clause Of the Federal Constitution as eIp0unded by
the Federaliss of the old rchooi II becomes sBp!s
grant Of absolute power, likely 20 prove III the end
| once possessed by popular demagogue-as i.th. 10
| liberty as the authority Of the Roman Dictatorship
10 protect the Republic, IN the hands OF Sylla oE
Cesar.
| 40 Governor-no citizen Of Virginia-et Us hope,
will ever forget that the general power now Invoked
and, with but few exceptions, all others granted by
the Constitution and the laws are held IN suborG'ua
tion 10 the great princp which confines IT, separate
departments the different powers Of government;
principle proclaimed in hrst bill. OF rights aud
CONSTITUTIONS and reiterated in every revision OF both
these sacred instruments down to the present day
"The Legislative, Executive and Judiciary depart
mcnts shall be separate and distinct; that n-h-r
exercise the powers properly belonging 10 either "t
1 the others.
To apply the principles now stated, to the matter
before us
| /. Uhot Lqur has been rioiated7
We shall be answered the law concerning Judicial
| Elections.
| This charge has been fully considered in my i.st
letter and shown far as made against the m.jorty
of the returning officers, TO be unfounded and neon
sstent The bead and front OF their offending was
their refusal to receive as lawful, polls not au'h-D
Gated as the law requires, and thereby to decce pills
TO be valid whose validity, their accuser quotes chimp
ter and verse to show, the law gave them no power 10
decide But say that in this they did violate the law
they intended conscieEtiously to obey-then-
9. What uere the proceedings adoptsd by me- Er'-
cut,,c and the remedy appiied7 summary trial. nr
rather Judgment, whereby the conduct OF the minis
teral officers was censured the official acts opinions
and decision of the majority Of the returning icess
reversed; and commission issued to person having
no return, as though duly elected and returned.
Rarely will it happen, perhaps in future, that q
contest Of this nature can be so readily dsposed oi-
Let suppose serious controversy Shall hereafter
arise for seat for example, on the Bench OF the Su
preme Court-upon al election held for one al the
most distant sections. Doubtful questions OF lass
| and fact charges Of mistake or fraud; OF bribery
and corruption: of official rregularity in numerous
precincts, &c. nc are 10 oe in'es,ga'ea' "'''',
, cannot possibly be determined by what appeara on
the face of the proceedings-no the officers implca
ted only but the parties claiming the office, dcs" to
be heard and call for process 10 compel The att-n
dance of witnesses. The Governor, by his lat. or
der has supplied the admitted omission of the Con
venon and the Legislature 10 provide for such Gases
by assuming jurisdiction himse In etfecth enacted
his own authority to supervise aud decide; win ih'
further power, as the Attorney General supposes, I"
90 whenever necessary, into evidence at large The
whole merits of the controversy are before hum. j"
carry into effect his implied, or rather seit granted
Jurisdiction, he must imply all the means ne'es
sary and proper for that purpose. is not To be- sUp
posed that such investigation is to be made in
some new star.chamber, fitted up in the Capitol III Sc
cret concave with the Attorney General to advise,
and the Secretary Of the Commonwealth TO record
his rescripts. No; he must hear the whole matter
with the patience and crcumspectlon lts Importance
demands. He mnst furnish the parties the aid oi the
law to facilitate fair trial. Without possessn.
these powers and performing these duties his upe'
vision would be worse than nugstory II would be
mockery.
Where would he hold his sessions! What officers
fnd-civi or military-to preserve due order What
kind OF process would he Issue Judicial subpoena
attachments Sc, or executive orders and prociama-
tiops7 In ine what regulations will he adopt; those
used by the two houses Of the General Assembly,
through their Speaker, Sergeant at Arms and Clerk
or the peculiar officers and methods Of the courts OF
iusticel Or will he have his own lic:ors, and pub
lish his own code of common or martha! law!
Do not the difficulties which lie in the way oi any
attempt to carry out this doctrine, prove to be
ss impracticabe as it s "nove' and illegal, a' con
trsry to the usages OF our old commonwealth, ~ 20
the genius of her institutions! The very hrs rfep
that 10 acquire Jurisdiction s in effect an Ex-cf'!ys
enactment TO supply Lsetsiat're omission The
next is to exert it by an Executive trai ano
in controversy involving not only r2n' 10 'Ha's'
but il NAV be- questions Reputation, or charges even
Of criminal misconduct; questions peculiarly, exo,u
sively Ifical The last i'd TO er'cute his own Judg-
msnf Tim. is the Constitution d0udiy violated, by
The cise substantially Of both Legislative and Ju.
dic;sI now.rs and concentration effected in single
hand Of the power OF all the edepartmenss-thorep pow
ara whose union is the true definition Of despo.ism.
r7> remainder Of tai, letter rH be pu6'had TO
ASSASSINATION.
The New Orleans Delta published detailed &C.
count of the assassination Of Father Ssveili Point
Ia. Hache. by gang of rufisns, who inflicted TWEEN
tyeigbt poinsrd wounds on the body of tne victim
/, Three OF the murderers were arrested, and o!
them, Dominique Ormsa, turned States evidenc-.