Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-11-30

IL ls:Jj, he denounced the candidates of his
party. coqucttcd with know-NothingiSm. and
boasted he had not mentioned the name Of his
party's candidate during the canvass, though
three years before he urged the election Of that
man TO the United States Senate.
In the above "recorf' We have extenuated
nothing, nor set down aught i'll malice; but AZ a
journal seeking only the interest of the Democra.
tic party, with no other end or purpose to serve,
We have deemed these objections good and va.
lid against the nomination of Mr.. Letcher, and
so believing we have urged them with all the
strength and power with which We were pos
scsScd That which thy right hand lindeth to
do, that do with all thy might this has been
our motto, in this contest, and in taking Il re-
Prospect Of the past we would not mitigate in
the least any Of the objections we have felt
ourselves called upon to make 10 Mr. Letcher.
>S-O-S> -
AN EXPOSURE.
The following correspondence appears in tho
Wing Of Saturday:
RICHMOND. Nov. &c, 1855
Ny Dear Sir-I haye just read the correspondence be-
yourself and Gov Wise. published In the Enquirer
Of to-day While appreciate the delency Of your position
and under ordinary circumstances, would not hesitate 10
yield IT, still feel that am justified In appealing to yo
for a confirmation Of facts. especially your letter
presented denial Of the truth oi my statement dc
consider II myself: but that the public may not be
msled ask of you the admission or denial OF the follow
Ing facts You may not consider IL x"hdrbouring.
hut the public fully competent 10 decide the question upon
statement Of facts therefore submit the following
recollection OF the interview between Gov Wise and
you and myself
After tho In front Of the Exchange Hotel Of
ihi- city, between yourself and br. fnnry. We went TO-
grher 10 the Governors prirdte house commune
10 him all the facts Of the assault communicated also
that r rnnry had fixed specific time and place TO send
YOU challenge, and that you had authorized me TO
tine in the private house Of Gov Wise. len at my sug
gesOn, and went to the residence OF Geo. ". fancey.
requ-s, reply at your earlier, convenience.
Very respectfully, {. IRVING.
Tor g. PkYox. Esq, Present.
The following is Mr. Pv"r'- response
RICHMOND, Nov &c. -
Dear SrIIovevcr reluctant may be to appear IN hi.
controversy, cannot deny reply TO your lnlerroga
tories.
According 10 my recollection did 60 10 Gov. Wse's
house together after the occurrences In front Of the TX
change and while there You communicated to him all the
facts Of the difficulty with Dr. Pnney. so much will
without iuiendng Imply tina, considered myself har'
boured by Gov WISE or without being undersioodo con-
Very respectfully ROGER a. PRYOR.
G. lSviSG, Esq, Present.
To which Charles Irving adds the following
comment:
The public will perceive that ii in null admission
OF the truth of my statement. The material fact il.
whether or not Gov. Wise, SWORN to execute the
laws, knew that Nr Pryor expected 10 fsh; duel.
and failed 10 prevent it, ] assert that he did, and
Mr. Pryor admits a. ! consider. the truth Of the is-
sertion. This is the gist Of the allegation, and
4 4,
of ;he precise meaning Of the word ''harbor," which
sccin- Ia bc the sole issue.
Here is an instance of SANDER against two
gentlemen, 80 gross and insidious, as even TO call
for notice To which its author is not entitled
50 far as Gov Wise is concerned, this attempt
is harmless. The Governor Of Virginia is not a
conscrvator Of the peace 1t is true, that on the
application ola conservator ofthe peace, he may
sustain the civil with the military power. 1t
is true that he is himself sworn not to fight a
duel But it is not his province to issue war
rant and secure an arrest OIL being informed
Of threatened breach of the peace. In such
case. he has no power, beyond that Of every
citizen And the extent Of his responsibility
is entirely concidcnt with the extent Of his
Executive powers. Any citizen may prevent II
threatened breach Of the peace, by giving in
formation before a conservator Of the peace.
This is all that the Governor can do; and if he
does so. he acts in no other capacity than that
of citizen Of the Commonwealth; and, equally
with every other citizen, he has the right to
withhold such information.
Any other view of this matter can he excused
only by an utter ignorance the Law. Article
III of the Constitution of Virginia prescibes that
The Legislative, Executive and Judiciary
Departments shall be separate and distinct, so
that neither exercise the powers properly be-
longing TO either Of the others.
The same thing is substantially set forth in
the Bill of Rights.
Now, the civil power Of arrest, together with
all other powers of conservators Of the peace,
arc vested only in the Judiciary, and in officers
attached to the Judiciary Department. Evory
officer who may SO arrest, is specifically dcsis-
mated by law--and in no instance is the Cover
nor designated as competent to issue warrant
for such arrest, either before or after breach
Of the peace. or in any manner to assume the at
tributes OF conseryator Of the peace.
As Commanders Chief Of the military, the
Governor may order an arrcst-but only in
case of Il military offence.
The Bill Of Rights also provides THAT in all
cases the military should be under strict Stbor-
dination to and governed by the civil power. v
The military is the only power in the hands OF
the Governor, by which even to assist the Judi
ciary in enforcing the preservation Of the peace
of the Commonwealth And even this in no
case enables the Governor TO issue All order
for the arrest of civil offender. The military
commander can act only on the requisition oI
the civil athorties, and after the civil force at
their command shall have proved Intellectual
even then, the Governor can make no arrest
he can only call ont the military to protect the
civil authorities from violence. and thus enable
the civil authorities themselves to make the ar-
rest
The following extract from chapter Il, of the
Code Of Virginia, entirely corroborateS this in
depreciation OF the Constitution
So II any combination, whether for d'u'rr'h.rng the
State NJ establishing In any part Of ia separate govern
ment, for any other pupo-e, thal become 30 power
f obsruct In part Of the State the due execution
Of the lava thereof n he ordinary cour', pr"eedin2
the Governor may cali forth the militia. or any part there
~ 90 such ornhip at,nn'
The ordinary course Of proceeding when
a breach of the peace is apprehended, is by
authority Of conscrvator Of the peace The
Governor is not conserator Of the peace, and
in no manner authorized to issue warrant in
case Of threatened breach Of the peace. Nor
has he any official authority over c"nserva
tor of the peace, by which to compel the latter
to issue warrant Nor is he bound, by his
obligation to take care that the laws be faith
fully executed" to give information to con
.arya{or of ,ha ,aa "a of his n,yD reasonable nm