Arkansas true Democrat., 1862-09-10
Holding Elections,

Gov. Rector, in his circular, maintained the enoy,nty that no election be held in this State without the Governor wills and orders it. He says:
 The functions performed by sherifs clerks judges, etc, etc, in holuing elections are execu- five acts. directed or withheld by the executive heads of the government, independent of what may he the opinion of any court in the land.
 line mower in such case to do, or not to do, is omono the discretionary, political powers, vested in inc chief magistrate of the State-subiect to no control. and ndispensably necessary for the main tainance of any government at all. s4.Ss
 He thus maintains that he can direct or ,othhold an election fe po,cer such 10 do or not to do beinq among the discretionary political pooers oested ;n the chief magistrate. Who ever heard such doc Urine preached in free country2
 What does the law say? We quote SEC 20. Chap. 62 Dig. of the Statutes:
 Ut shall be the duty of the sheriff of each coun- ty at least 20 days before each general election, to give public notice, by proclamation throughout the comfy. of the time and several places of hold inc such elections in his county, and the officers to be elected at that time.
 Thus the law makes it the duty of the sheriE, and not the Governor, to give notice of the time
 
 be elected. Except in case of special elections to fill vacancies in the House of Repr of Congress, the Governor IS no where, by the con sttution or the laws of this State, required to issue his proclamation to the sherifs ordering them to hold elections.
 Ordering and giving notice of elections is the duty of the sheriff. and whenever he fails in such duty it is the privilege of any citizen to apply to the court and procure mandamus to compel him. Unless in the discharge of his duty to see the laws faithfully executed, the Governor has nothing to do in the matter. It is wholly and entirely inmate rial whether he orders the elections by procama- ton, or not It is the duty of the sheriffs to do it, made so by law, whether the Governor con- sents, approves or desires 1t, or not. Gov. Rector has overestimated his powers. No such unlimited power as he claims is given him. The Logic of Usurpation. | The Governor, in his circular, assumes that il is necessary to the validity ofan election that the 1 Governor should order it to be held. Are the people prepared to assent to this monstrous doc Urine? Suppose he should refuse to order an elec- ton for his successor? He answers the questonsin | these words:
 "But it may be asked, what redress is there against al defauting Governor refusing to hold elections, when he ought to do so. The consti- tuition, perfect in all it's parts, leaving no case l without a remedy provides where there is gross derelicton of duty, that the Governor may be i'm peached and turned out of office"
 An but who impeaches' the Governor? The legislature Then suppose he refuses to order an election for members of the General Assembly, According to his theory none could be elected there would be none, he could not be impeached and would be Dictator fol life.
 The position taken by the Governor would be more dangerous if it not so silly and sillier il it was not so dangerous. Are the people of Ar kansas prepared for Dictator2