Washington telegraph. [volume] (Washington, Ark.) 1839-1871, 1862-09-17
LITTLE ROCK, Aux,
August 22d, 1862.

ton, taxing the energies of Us all, for the
muintaiuance OF civil liberty, circumstan
ces beyond nay control compel me, in
justice to myself aud the country, to ap-
pear before you again asking your suf-
irages for the office of Governor.
And this | would most gladly have
avoided, not only on my own account, but
IN respect also of the embarrassed copdi
ton OF the country, coupled with the fact
tfat very large proportion OF the voting
population are in the army, where they
must be deprived of the privilege Of Sc
Letting their own rulers.
In August, 1860, after laborious can
vass, aud one that ndeavored to make
an honorable one with my competitor-l
was elected TO the Office of Governor for
four years by majority of the entire vote
OF the State, and was accordingly Install
ed tor that period by the Legislature as
the Constitution directs
In recent opinion of the Supreme
Court, 1t Is held. that by the law ~ mod !
lhed oy the State Convention, an election
FOR Governor must be held on the lst
Monday OF October next, and in defer
ehce To The public sentiment which must
be consequent upon that dccision--that
all Sizes may be heard--that the people
VINO are the umpire, may speak and make
their wishes known, have, by procalla-
ton, contrary to my convictions Of the
law, directed that said election take place
and hereby Announce myself as can
dIdate for the Office | now hold, having
Implicit confidence in The uprightncss VI
my official conduct, and in the justice Of
the verdict to be rendered By NV coustit-
uents III the premises, So far a. an in
divldually concerned or affected by the
action Of the court-biscd upon paper.
filed, aud case made 10y men WHO are
known to be my relentless enemies i
care nothing and feel nn embarrassment
For no man need b.iicye that would
hid Office for a moment, against the wish
IS of the people, or that AM 0r ever
shall be unwilling to - before them, ~
vindicarion of what have donl Or mny
do, rs their public servant.
But there compile riuns connected vii Ii
this controversy, that - far beyond the
interest in it personal &" myself, far be-
yond the Interest held BY other dcrr-ei
officials. a. d much fer will eventually
lead 10 serinnS cmbarra. aud trouble
in the COMMUNICATION of the Glvern,ncnt
In The formation Of uur governments,
State and National, surprising excellence
Is attained BIZ the creHtjru of complete
and perfect administrative power-out III.
and by the conioini acti n of three sopa
rate and Independent b dies Of magi.fry
tie Legislative, Executive and Judi
cal, neither ono Possessing all power i'm
the Government. each IN if1 function, aul
IN the discharge nf its du'ies- iudcpend .
ent of the oihrr-neiihnr heinu capable NJ
giving 10 or taking away from its c.-7rdi-
nate but prrf"rming that class cf duties
assigned to it BY the Consultation alone
Necessarily so, else either one nf three.
assuming rrerncnrivcs belonging 10 ~
other wuull presently swallow up the oil :
or two, and finally swallow up The people
themselves.
Now, by way Of il'asir1.irr fhn dan
gers which environ the Government az our
State evoked from the ci>e made by
Messrs. Danley & johnson. let " inquir-
Tor moment into the prlcrical effects Of
the decision. First. it follows most con
clusively from the opinion nj the Supreme
Court, that The people If Arkansas arc
now, aud have heen without a govern
ment since til" ISt of June. 1861, when
the new Constitution was adopted
For, it the Executive WAS not accepted
and retained for four years he was not
retained at all-and so with the thir-
teen Senators holding over. ard indeed
the entire Legislature aud other officers.
Then there has been no Legislature
The acts passed at tho two extra sessions
are void. The acts Of the Executive are
tors in existence. Judges If the Circuit
Court have rendered void judgments and
committed trcspasses upon ev' ry criminal
brought BY them to the bar of Justice.
Indeed. according to the decision, there
has been very litrle of the State Govern
ment left since 1st June, 1861, when the
new Constitution was adopted.
Are the people prepared for such a
state of things? Are they willing to
pursue the hypothesis ofthe supreme court
to its logical consequences. It is made
the duty Of the Governor to see the laws
faithfully executed The functions per-
formed by Sheriffs, Clerks, Judges, etc..
etc, in holding elections are EXECUTIVE
ACTS, directed or withheld By the Execu-
tive head of the Government, indepen-
dent of what NAV be the opinion of any
Court in the land.
The power in such case to do, or not to
do, RS among the discretionary, political
powers, vested in the Chief Magistrate
of the State-subjeet to no control, and
indispensibfy necessary for the maintain
ance of any government at all In the
present case, officers are compelled to per
form Executive acts contrary to the d.
rections of the Executive, by the man.
date of court
In other words, the Judicial has got to
be the Executive branch of the Govern
ment, and might. without material
stretch of power, order out the Militia to
repsl invasion. or suppress rebellion, be.
cause the law might, in their opinion, re
quire it to be done.
But can the court eeerce the Legisla-