Arkansas true Democrat., 1862-09-03
Gnu Ranfnt.s Circular.

crst 1860. he ,yas ecctcd gooernor ot he State tor 6,r y,ars and ,ras accordingly installed tor that peiod bu the Legislature as the constitution directs
 Rv the use of the single word directs in the pre- gent tense he endeayo to befog the whole matter. TIo had read because ae labors to controyert, the opinion of tie supreme court yet that whole opin- ion is uredicated on tha distinction taken between the old constitution, under which he was elected, and the ne1o one hY which his term has been short enel.
 The covernor-who rGani(ests delicate concern for '.the interests held y other deposed officials as though he would faia rally them to his support in common cause to overthrow the constitution and the laws-next proceeds to say "there are complications connectCi with this controversy what controversy h the name of reason and oi law, what is no,c the controversy?J and which ne says "I much fear will eventually lead to serious embarrassment and trouble in the administration oi the government" Ate enumerating those causes of embarrassment, which only diseased imagina- ation could have coniuced up, to fill the public mind with uneasiness aai alarm, he calls upon the rood peopa Of the State to reverse the decision oi the supreme court, and thus resolve the State go- yelnment into anarchy and chaos. lie asks, "are the people prepared for such State of things? Are they willing to pursue the hypothesis J Of the supreme court to it's i6sical consequences" An anneal like that. from the chief executive magis- trate. whom our people would wish to look up to- with trusting love and confidence, and at such a time when their minds are occupied with anxious cares and grief, is a spectacle sorrowlul to con- template It is like the evil genius of destruction crying "after me, the deluge." We have the charity to believe that the governor will not be held accountable as reasonable being, at the bar of Gods judgment, for such an exhibition ot reck- less and insane folly.
 Let us see what those endorsements are. The Governor asserts,as following most concluslyely from the decision Of the supreme court, that the people of Arkansas, are and have been, without a
 governor since the lst of June 1861, when the new 1 constitution was adopted-that if the executive
 was not accepted and retained for four years he was
 not retained at all and so with the thirteen sena-
 tors and the entire legislature and other officers 1 that there has been no legislature, and that the
 acts passed at the two last extra sessions are void ] the acts of the executive are void-there are no | confederate senators in exlstence-judges of the circuits courts have rendered void judgments and l committed trespasses upon every criminal brought 1 by them to the bar of justice. All that seems
 dreadful enough, though the governor carefully 1 avoids any anticipation of the real and disastrous
 consequences that would result from his being re- l1G,- off fi,oo if,tsil md 1 the decision of the supreme court. The governor seems to be innocent of all knowledge of the lega
 distinction between governments or officers de tactt and de jure. It is not probable any court in chris
 tendon would hold the acts of officers de tacto tC l be yoid until office found-that is, hearing anC sentence promulgated, touching the right to the 1 office But that view is needless. There is not { vestige of color or foundation for those alarming
 assertions contained in the circular. In the sched
 ule to the constitution of 1861, to the end that nc | inconvenience might arise from the change of gov
 ernmept, it is ordained that ' All oGicers ciot and
 nlltary nolo holdaq commissions under tho author
 ty of this State, shall continue 10 hod and erercis
 their respfctire cces untl they saaU 0e suspendea
 under e duttority of is State, in pursuance to th
 prociSionS of this constitution, ordinances passed ! by this conrention' If that were not enough, the supreme court, in elucidating the nature and effect
 of constitutional change, quote that provision al length in the opinion, and expressly hold that by
 virtue of that provision all state officers at the time of the adoption of the new constitution were con
 tinued for the time being, in their respective offices | and authorities.
 1 But for the source from which the circular
 emanates, and dealings as it does with grave con
 stutiona questions, there are some of the succeed 1 ing portions sf it, which would seem too silly tC l be ridiculous.
 1 The governor declares that " the functions per
 formed by sheritfs, clerks judges etc., in holding
 elections are executive acts directed tethhld, by
 the executive head of the government, independ
 ent of what may be the opinion of any court 1T l the land'' And he proceeds to say that the powe 1 in such case to do or not to do is dscretionar1
 political power vested in the chief magistrate, anl | subject to no control-and if the supreme court 1 assuming executive action, were by mandamut
 against a sheriff. to force the election of an officer 1 against tIe ,cW of h!e erecutire, they could not
 cOIlpeI tue governor tO coullulSSiOn Sucn OIIlcef 1 And there ensues a variety of sapent enquiries, a to whether the supreme court could order out tht
 militia Tor coerce the legislature-or. dispact old senators and put in new ones-or supposing the 1 legislature should decline to inaugurate the new l governor, who would be governor then, and how long would " the incumbent continue to act? etc, etc. Elsewhere he ciphers it out to a mathemat
 cal certainty, that if he should be elected in OCto Der, 1862, and again in October, 1866, he could only serve two years of the latter term, because he has already been in office two years!
 It is true, court cannot issue mandamu5 tC the governor; but when plain specific duty is i'm posed by law, upon any inferior ministerial officer the principle is as old as the law itself, that he may at the instance of any person aggrieved, be compelled by mandamas, to perform it. Apart from the mischieyous idea peryading the circular that all ncunbents have vested rights to their off ces, and that by the action of the people in con vention assembled, they have been disfranchised there turks in several expressions of the circular the most dangerous assumptions of power The great elective franchise belongs to the people; and so far from it being in the power of any governor to destroy or defeat it, by executive acts directed or culheld" according to his will or caprice, the people would have right to vote according to law, though sheriff should neglect or refuse to adver- tise an election That requirement of the statute is directory for general information, and not essen