Washington telegraph. [volume] (Washington, Ark.) 1839-1871, 1862-09-17

Nehiinni ana Calculated by trlOlnal.hIv-
ing nothing to do with the question
When the new Governor is elected,
suppose the Legislature declines ID in~u-
gurate him, believing his election void
who will be Governor then? How long
will the incumbent continue to act? When
will the next election for Governor taks
placer and who, or what branch Of the
government will determine these vexed
questions?
BIT suppose another case, to wit: That
the Supreme Court assuming Executive
action, s ere by mandamus against Sher-
iff 10 force the election of an officer
against the will Of the Executive could
they compel the Governor against his
convictions OF law and duty to commission
the officer? Certainly not. No princi-
pie i better settled. And for the plain
reason, ;nat it, the court, can perform no
Executive act, nor compel others to do 81.
Here, then, in the several cases stated,
the Supreme Court, according to its de-
ci>i1n Id tile case of Danley Il johnson
against the sheriff Of Pulaski county, may
ender judgments, which it has no power
IL enforce, showing the utter futility Of
an attempt made by ONE branch Of the
government ID exercise powers which, BY
the constitution, are declared 20 belong
to mother ani [ submit these remarks tD
the public, a, among the easOnS which
lead m- ~ b.II.ve thai the rullng of the
Supreme Curt Is not only unfortunate,
but wrong ~ practice, in principle, and
against las.
For | d. rot, nor shall | ever believe,
that the law, ID The country require an
election Tor Governor and other officers
To BE- held nJw; aud farther, 1 believe
that the Supreme Court has no juriSdc-
tim of u case decided by them, and
that they ought to have dismissed it, b.
cause ius,lving issues alone determnabe
III other departments OF Stare.
But IT may be asked, what redress
l. there u .ainst a detaulting Governor re-
fn,ins ~ IJII elections, wneu he ought
to dn,D. The constitution, perfect In all
ill., paris. leaving no case without RENE
Nv. provides where there is gross dere
liriiln Ut duty, that the Governor may b.
iu.pa,ched aud turned out Ut Office
So, also, is the Supreme Court amena-
be INV the faithful discharge III w duties
I would be quite a novelty, then, to soc
the eunrt putting vut the Senate by Ia NJ.
llmus, aud tile 2eoa'e putting out tie
tho curt by impeachment. But al 4.
ting the jurisdiction of the court, il M
prove interesting 70 recite 4 few pro.;;
Ia tile ncy cons tuition, aud the o.l;aaa
ces touching the question at issua.
n may be prem 'sed that the State Con.
veution was elected aud clothed with
power by the people, to inquire into and
change The extern II relations of the State
with oth governments When it as
semblel W the capitol il found the State
government: complete in all ita parts, and
officers elected Nv the people and duly
installed recording TO law The question
in selecting delegates 10 the Convention.
was whether Arkansas. a SOVEREIGN
STlTE. should ~crele from the old Union.
lui firm aililnres No complaints
ore mall by the people, nor any power
asked by rhr-r Win were clnvasaing Nv
delegates 70 deihrone the Governor, the
legislature or Other State officials.
The poorl' were satisfied with their own
action. anl desired those to remain in Of
flee, who hnd Bean put there by their own
bidding
The convcnri,n when it met proposed
md DID ACr - ~ the tenure Of the gov
ernnrs office. in rln-nnance with the pow
er delegated ID II and provided in express
terms, that the Governor SHOULD HOLD
MS OFFICE Fox FOUR YEARS, and until
his successor is duly qualified
dreaming that the 9Th Article 10 the
schedule, intending only to change the
time Of holding the general elections
from August to October, would be con-
strued so as to destroy the entire State
government, for the time being, and leave
tho people in a state Of internal revo'u-
ton and anarchy M delegate in that
body would have had the hardihood to
have submitted proposition 50 monstrous
in Its effects.
The section alluded to, and upon which
the court declares an election for all off
GERS, must be held in October next reads
as follows
"The next general election for officers
"of this State, under this constitution.
"not otherwise herein provided for.
tshall be held on the first Monday Of
October, A d. 1862, in the manner
"row prescribed BY law.
That is, all officers who, BY the present
law are to be elected August, 1862, shall
be by this constitution elected 10 October
Of that year. In other words. the general
elections shall hereafter be held in Octo-
Der, instead Of August.
If the convention had intended to limit
the terms Of the Governor, or to put him
out entirely, it would have said so 10
plain, unmlstakable terms, leaving no
room for construction. Instances Of this
sort, occur in the constitution, and having
direct reference to the Executive.
For MISTAKENLY the ola constitution
he was Commander in>c chief Of the army
ia the new, this prerogative is limited by
a provision, that, that PROFESSIONALISM
not be taken to conflict with any f'ordi-
nance of the convention" All officers are
to be elected. says the 5th Article, in De-
sober, 1862, "Not otherwise herein pro-
"vided for Then certainly there are
some officers who are not then to be elect.
ed Who are thew Clearly those who