Arkansas true Democrat., 1862-09-03
To the People of Arkansas.
LITTLE ROCK, ARK, August 2ed, !
rs,,ow elrrrEys:

@ % accaunt bat in respect also of the embarrassed con ition of the country coupled with the fact tat very large nroDortion the voting population il the army where they be deprived o the privilege oi Soc's ' o" l rulers. All, ~ .,o. endeayored make honorable with my ooipe'lto elected 10 the office of Governor TOT o s Ds majority the entire vote Of the State anu VI" installed for that period by the Legislature a' e 0oto 1 ton directs. ha, +h. by the law modified by the State Conyeneh a election for Governor must be held the lst ohuS o V0tope. m nnseoucnt upon that desisjonthat all sides may be haari-that the people who the umpire, may apea au make wishes known Iha1e by proc contrary 10 my convictions of tue aw) directed tnat sh eieteh take ,aceand hereby mysel' as csilate TOT the office now hod having implicit coenco III tue up ihtnas. Of my ofica conduct and in the justice of the verdict to rendered by constituents M ." plenss' s far ,a an individually concerned or c,ya hy the s .' f Inc T,rtbasol upon papers iiet and case made be Saen who known to De ny ieono - care nothing and feel no emGarassaea', n,t 4a i. tb
 eve that would hold office Tor asit ;e wishes of the people, that an or eyer 1@l pe to go before them, IL vindicat!on oi "i "'o may do as their public seryaot. . ,., ,
 that go beyond the interest Tn it porsonal to my
 f far beyond the interest held by other aepoSed officials
 i mnci fear will eventually lead to serious embarras aen and trouble the administration Of the government
 Tn fine formation of governments, State and National
 rnassiny excellence is attained by the creation U
 ta and perfect administrative power-out or and by the
 action of three separate and independent bodies Of ra,ytbe Legislative Executive and Judicial neither ~ all the power !u the government each m it's functions and in the discharge ot i:s duendependent of tbn herneher being capable of giving o taking away sn its coordinate performing that class of duties signed to by the Constitution alone hee'sy SO else afhe ous of the three assuming rorogafye5 belonging a,other woud presently swallow up the other two, and i finally swallow up the people theuiscFe4
 No by Say o Illustrating the dangers Tlch environ the covanment f our state evoked from the made by Nessrs uaney Johnson. let u5 inquire for moment the practical effects o the decision hlf7 Y il!lows connysly from the opinion o the Supreme Court that the people Of Arkansas now, anu nave been without government since the lst or Jui oo "neh tue new Con | stitution adoDte1
 For tue Executive was not accepted and retained for four ears he not retained at aiaud with tr teen Senator's holding and indeed the entire exiss { ture aud other officers.
 Then there has tsen Legislature. Tho passed a, the las two extra sessions are yod-to acts of h x.D tive are void There are no Confederate Senators n ex. tence Judges Of the Circuit Court have rendered void uig 1 brought by them to tho bar of iustico
 Indeed according decson there has been very of the State overnment left since Is June oC when ths new Constitution adopted.
 Are the people prepared for snch state of things, Are they willing preue the hypothesis o the supreme Court 70 It's logical It is made the duty of the Gov crnor to the laws faithfully executed. The functions performed by sherg Clerks, Ju5geS etc. etc. in holding elections directed or withheld by the Executive head Of the GoTefhmeht lptndeat of what may be the opinion of any Court in the lant
 The power ill such do or not to do is among the discretionary potica powers vested Ill the Chief Msgs of the otsosulec to no control and ndispensaby necessary for the mantainance of any go'rnynt Tt all In the present ocar are conpele4 to perform Exc contrary to the directions 1t the Executive, by 1 the mandate of a court.
 h other words the Judicial has got to be the Executive branch of Government and might without material stretch of pu~er order out the Militia o rcpi inyasin or suppres cbeion because the jaw hi8dt Iu tleir ou0n
 But can the court coorco Legsaure Can trbu- nal disrace the old and put in tbe when by the Constitution the S-na:Ors 1heHelF" are m judges of their qualifications!
 When the new Senators elected, how they gAt their Will the Senators pay much deeruce 0 the opinion of the Judges to yield up their offices and go home upon bare technicay, ongrted bJ defunc Con vention and euciisted by t-ua having nothing to d0 with the question.
 When the new Governor s esotei suppose the Legisla i'm -ivyi rif4 wha will then! How long viii the incumbent sc When will the next eie ton for Governor pace and who. what branchot Le government will determine these vexet questionst
 But suppose oit: That the Supreme Court assuming Executive action, by mand4inus against sheriff to force the election or 80 ocer against the will of tho Executive could they compel the Governor against hs convictions and duty commission the 0fcer: Certainly No principle $ better settled And for the slain reason that it, the court, perform . cutiVe compel others t1 d. eo Here fh" la me several stated the supreme Court oi hS to lt dtsoh n! of naey Johnson asi;st tAe 7lerlh oi Pulaski county, may render judgments which il has power to enforce showing the utter idlty o all attempt made by ONE branch government to exercise powers Uch by the constitutions declared toboDg to another and submit these remarks o the public as among tie oasona which lead believe that the ru!ns ot te supreme Court only unfortunate, but wrong in practice, u principle and a.5tlnst llw.
 For do nos nor shall evor believe thai tho laws of the country require eotioa for Governor ad othr officers to be held now: and farther believe the supreme Court has uo jurisdiction the decided by them auI that they ought dismissed it. because invoyfn. iSre alone deterinale by other departments gF >tat
 But it may asked wl4 redress K there against le- ulng Governor refusing 10 hold elections when e ought to do The constitution, Fe1cct n all its parts aviuI no case without a remedy, provides vhaee thote is ,r dereictjon of dTJ ta s.5 toteFnoE may Le imieaehcl and turned out q QiIee
 So, al:o Is the Supreme 65uyt amonabe fr thu faithful discharge of its duties IL would be que novelty then, to the court putting the Senate by mandamps anu the Senate putting ou the court by Impeachment but a uniting me Jut1Adcton oi te court u may prove interest ing fee faw provisions in the new consultation aul the ordinances touching the question a issue
 It may be promised that th- rtst Convention elected and clothed with power by the psio, enquire and change the external relations of ,he se with other gov When f. assembled At the capitol tuunl the State government complete in al its parts, aud officers ec ted by the people. Gni duly installed rdEK to law. Ths question in selecting delegates to the Convention. was whether Arkauaas >rATz should seceis the old Union and form alliances Aocomplants cauvassins delegates detToRe e Governor, tAe L. % laure, other State officials.
 The people satlssl wl;h their action and ie sired those remain in office who hal been put there by their own bidding.
 Tho convcnton when proposed and ACT to he Of the govern oIc9 iu cos)auee wt tho power delegated t1 T. and provided a express terms that the q " ern0r SHOULD OFFICE anj uut his successor duly Calfedncyes dening that the 9th Ar tice n the schedule, inten1ng oy t0 change e Ae o holding Inc general elections from Anusj 10 October. would bc construed destroy the ente State government for the time hehg ana leave the people ma state oi Inter nal revolution and anarchy. No delesste iii that body would have had the harihocd o have suUmitted pros ton monstrous iu ita effects.
 The section alluded to- upon which the cogtt declares election for all occs must ho hed in o3obe next reads IS follows.
 Tho uex general election for of i4 State unier this constitution, otherwise herein rrordeti for sh Do held the first Monday of October D. lsol in the manner prescribed by law"
 That all officers who by the present law 10 he elec ted August, 1892 shall he hy this constitution eectel in October of that In other words the general elections shall hereafter be held In October instead ot August
 II the convention had intended to limit the term of the Governor, or b put him entirely would have said in plain, unmlstaahe efls leaving for consrut- to Instances o ts the constitution, anu having direct reference to the Executive.
 For nstanceby the old constitution he Commander htChie Of the army ill the new this prerogntive is limited by provision that that hail not be taken conflict with any ordinance of the convention. All officers to be elected says the 5h Article 0cr 1862 Not some officers who not then o be electe9 Who they! Clearly those Who hold their ucea period beyond that pon! or teovernors, Senators and Circuit Judges, each holding for four years.
 But by ,he opinion of the urt there and the exception IS usoosS and unmeanlng pce ct veslga 'u agn me new constitution provides that the ioEei nor alt only pc eligible for eight years in eru .! twelve yrs
 In November next spF have e,d the oti>e of GovernoT fn two yearssuppose by accident, should be chosen by the people to the office october 1o63 and sgan In October lS56 how much of the latter term could 3err! Certainly not for the full perol of four years for then should De in office for ten instead Of eight out ot the tweVe cite this other things, to show the thou sand and one difficulties and complications thai mus result l from the late acto1 Of the court.
 ILey are not of seeking getting but, the con trary havo resisted far possible, eucrOachments sought o De made until a length there arber short of the peoplewho maintain the right and rebuke tue wrong In giving expression the a.oYo oninion touching the decision of the supreme Court certainly intend personal disrepec towards the individual members of that tribunal but deal with the question It issue of high political and legal import, and with which officially connected and have right and in duty bound speak o kegrettng, however, that by chance accident the dciSoa ot the court announced the before II eanate from the bench indeed tore the titon for mandarnus filed in tho court below
 b isiowoitzens, be the election of Governor legal