Arkansas true Democrat., 1862-08-20
Decision of the Supreme Court i'll Refer
 ence to the Governors Election,

V. Danley and Richard H. Johnson, residents and voters of Pulaski county, supposing that the constitution adopted by the State Convention on the lst of Junc 1861, required the election of n governor on the first Monday of October, 1862, and ascertaining from Thomas Fletcher, sheriff Of the county, that he would not advertise such an election unless compelled thereto by legal authority applied to the judge of the circuit court of Pulaski county. for m mandanus against the sheriff, commanding him to make such ad- yertiaemcnt
 J-Don the avowal of the sheriff not to give nublic notice, by proclamation throughout the county, that governor of the State was to be elected, the petition should have been sustained | f inc new constitution so abridged the term of office of the governor that was elected in l8G0 [ | as to require Q governor to be elected at the | | general election of 1862. The circuit judge did | | not however think 1t clear that this was the effect
 ofthe constitution of lst June, 1861, and refused [ to grant the prayer of the petitioners; whence | the subject has been properly referred to this | court: And it is here to be ascertained and de- cared whether the governor that was elected in 1860. and to continue such till l8Gf, Is, before the expiration of his original term of office, lia ble to be succeeded by governor that may be elected on the first Monday of October, 1862.
 The question pending IS to be decided solely \ mon view of the terms and meaning of the new
 constitution, for beyond that and unsupported Dy d. lo Ierson can be governor, or exercise any
 official function in the eX..uJ,gt, legislative or
 judicial departments of State authority, if that
 constitution be the fundamental law ol the State.
 And that this constitution IS the toundauOn and
 cause of the exercise of all authority, cannot be
 denied bv court that is created by the consti-
 tuition, ant Is continued by is permission. We
 may decide upon the legality of acts, and pro-
 nounce upon the validity of laws, the test being
 whether the act, or the enactment iS c0ntormabse
 to the constitution; we may declare what Is the
 meaning of the constitution according to the
 fair and legal rules of construction. when the
 meaning is not so obvious as to preclude an at
 tempt at construction; but constitution is not
 10 be declared by court to be valid or invalid;
 for the reason that 1t is the beginning of author
 ity, and i3 itself the standard by which offices,
 privileges and rights, are to be exercised and determined. This may be plainer by supposlng l the new constitution to be the origin of our ex- istenco as a State. In that case it would be ey-
 ident that no one could fill the office of governor, , without being made So under and in accordance l with the provisions of the constitution, for with
 out the constitution, there could be no governor ! so when the former constitution was displaced by+ he existing one the latter became the source , and measure of all offices. and of their extent
 and continuance, a5 if there had been no State
 government prior to the constitution ot i86l.- . For this reason 1t was provided Ill the old ccn>
 stituti0n that .'all officers, civil and military, now holding commissions under authority of the ] United States. CT of the territory of Arkansas, i shall continue t0 hold and exercise their respec
 tive offices until they shall be superseded under
 the authority of the State" So the new constj>
 tuition provides that al! officers civil and mills
 tarv now holding commissions under tho author
 ity of this State, shall continue 10 hold and cx~ eccse their respective offices until they shall be suspendcd under the authority of this State, in
 pursuance of the provisions of this constitution, Y. or the ordinances passed by thi, convention.
 Without the frs, prc.,IS.Ja. the United States - and territorial officers cou.d not have held and h exercsef these offices after the adoption of the constitution os 1858; nog ca4d the officers Of
 tl- Slate at thc date W tha adoption b7 the State " of the constitution of l8sl haze been held o be
 officers under that constitution, without the pro v vision above guote4 that continued their offices , and auth3rtv When the constitution of 1881 < nectu.a .ae eo4.tut.ul oi t'e 5i.tc. tn- }5otoe-
 u0r clecte1 unier constitution of s36. ceased to ba such hv virtue of his election in lSJ0, but i must have since remained governor by virtue ot z some clause in the constitution that continued t hi5 office and authority till they should De sus~ ', pended under tho authority of the State, in pur
 suancc of the provisions ot the constitution, or
 
 !. IL tisnot queston lor judicial determination, ,- or for that pecu'iarr to hold proposed con < stituton to be 2 ratified. an adopted constitu-
 tion the existing fundamental law. If this ', court wore sitting under the constitution Ot e 1856, and the question vas whether the consti ! tuition # ISGI proposed by the convention, had ,f been ratified by the SJate end adopted aS itS
 constitution, and tue decision should affirm the ' validity of tAe new constitution, the decision r would be made Jy tribunal not authorized to x exercise judicial authority for. upon the prln- < cip,e o tue decision. no pretented court would
 be court unless constituted by and acting un- der the new constitution. So i' this court De z a court provided for by the constitution of < lS6l. t cannot entertain the question as one of , iudicial inquiry, whether the constitution be I ,he constitution in force, for unless it be SO, ' this court is not q judicial tribunal, and cannot II decide any question 0t constitutional, statutory ' or common law. It must follow that the recog z uiti0n of tine fundamental law of State is an ' exercise of political power, which the judicial 3 de0lrtmentat0ne Is not competent to create, nor : . {, declare other than as a matter of political
 history or cJgniz3ncc. Bat as matter ot po-
 Iitical cognzance we know that this court is acting q a tribunal created by the constitution ;, of 1881, thatit members have sworn to support
 it as the constitution of the State; and as d 
 notice that aIl the departments of the State government have been, and arc acting solely uu- ' der the authority ol this constitiou; and no } quostjon can Ne made but that 1t is the ratified
 constitution of the State, and adopted as such
 by ics sovcrei- power.
 I'he constitution proposed by the convention, from its adoption by that body the lst of Jnne l95l, being then the constitution of this f State, and the governor at that time being cons
 tinuei as governor only by force of the consti- 7 tioo and as long as t provides, we have only :. to ascertain from the constitution the term of continuance. No provision is made in the new constitution for the continuance in office of the
 governor for the term tor which he was elected. In this particular the constitution deals differ ently with him than with some other officers Of the State For by the 7th section of article, VI
 of the constitution. it is provided that the first
 appointment of judges of the supreme court shall be made ut the session of the General As
 senbly next before the expiration of the terms
 of the judges then in office. The 8th section of
 the same article directs that the first election of
 clerks of the circuit court shall be held at the
 general election next before the expiration of
 inc commissions of the present incumbents:
 The same provision is made concerning preSid-