Washington telegraph., 1862-09-10

Gov. KECToR'5 ADDRESSING have returned
from visit to a neghbo,ins county too late
to procure the insertion of the Governors add
dress in the present issue W. conceive ii
one of the highest duties of the journalist to
keep his readers informed of all aspects of
every public question, in ordor that they may
decide for themselves. We cnde;,vor to en-
Tighten far as our limited space will allow.
We will publish the address next week in full
Meanwhile, as it has ere now reached most
OF cur readers through other sources, what
Comments we intend making, may as well BE
N AIDE at once
1t IS not necessary to assert that we differ
entirely from the views of Gov. Rector regard
ing Constitutional law. Our views on that
point are already known. Whatever cause OF
complaint he may have against the Conven-
ton, or against individuals he surely has
none against the Supreme Judges, on account
Of their decision in the case of the mandamus
against the sheriff of Pulaski. Whether or
not the Convention exceeded its powers in
establishing the new Constitution, it is toe late
to discuss. The thing is done. 1t is what the
State of Arkansas, and the judges have sworn
support it We have no government, if not
that. Such being the case, and being con-
WINGED, as We are, that its provisions are plain
upon the point, we see no escape indeed for
the judges from the duty of ordering the
sheriff to proclaim the election for next De-
tober.
Nor do we see in that decision the terribly
disorgauizing consequences which the Cover
nor would deduce. All the officers of the old
government are expressly retained in their
respective Offices by the new Constitution until
superseded by elections No confusion
can ensuc. Judges, sherifs, constables and
all, are yet fully authorized to act under their
old commissions. The question is only as to
@hen the new elections must take place. The
Judges have decided, properly We think, that
III the case of the Governor it must be next
October. Meanwhile, aud until he be re-
elected or his successor be elect ed and quail
led, Gov. Rector remains the rightful Governor
of the State, and all his acts are valid 1t is
sc with all the ether officers. There is no
1hterreGnnm, now, nor woull there be in case
no election at all should be held.
Nor can We see in that decision any i'm
proper interference Of the Judicial with the
executive branch Of the government The
snerlff Is an executive officer, certainly, but it
Is the province Of the court to compel all Off
GERS to perform duties plainly prescribed by
law, in which no discretion is left the o4;c.r
"he law does not require the Governor 70 mo
claim any general election. 1t is the dutv df
'he sherln oi eaoh county, and should he fail
1t plainly devolves upon the court to coropel
him to the discharge of that dutyl The man
damus is not directed TO the Govern, r. nor i
1t in contrayention of any order or proclama-
tion which the law required of the Governor
TO make. No other power can control the
discretion of the Governor, in matters left to
his determination. lie has the right to veto a
BILL for instance, OF approve it. He may
judge Of election returns and grant or with
bold his commission. as he may believe the
party elected otherwise. But he is not
above the law. The Supreme Court is the
interpreter of the Constitution and to that
every department of the government is bound
to submit in all matters not left to discretion
Therefore, whilst no power can compel the
discretion Of the Governor, it is the province
Of the Court TO compel the execution of all
positively prescribed duties in any officer
whatever.
These are questions of law which we deem it
our duty to present, and which We do without
any intention of taking any part in The present