The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-10-31
DR. y. O. HuPP, Supervisor, AM
Robert Hamilton, Inspector. ut tn

-EUESDAY MORNING, OCT. 81.
DR y. O. HUPP, Supervisor, and
Robert Hamilton, Inspector, ut the
ThIfd Ward polls on Thursday last, re-
ceived notifications yesterday that suit
had been instituted against them by
Aaron9 Kelley for the rejection ofhis
vote. The damages are laid at ten
thousand dollars. N. Richardson Esq,
is retained for Mr.. Kelley, and
Daniel Peck aud others, for the defend
ants. We presume the responsibility Of
the suit will be assumed by the State
Whenth the Legislature meets, IL not be-
fore, inasmuch jas the defendants were
simply instruments under the law for
carrying out its requirements. It Is
hardly likely that the decision will stop
short OF the Court of Appeals.
Next to the trial of JEFF. Davis It
will be the sensation of the day. We
presume the whole oath question will
be deliberately argued md deliberately
decided. BY all means let us have the
natter thoroughly discussed and set
tied, 50 that we may know whether
officers are 10 obey or disObey the laws
of the State. 1t would bc one of tho
singular Incidents of these latter days,
If it were to be held that officers Of
the law could by any possibility be liza
Bile In damages for the discharge of
their sworn duties undera plain lpgis-
lntiye enactment. Officiating for the
State would, in that event, become
about the most perillous business a
man could engage in. Considering the
limited extent Of either profit or honor
in 50 doing, We might expect sudden
scarcity in the official market.
II Oceurs to us to refer for light
ON this subject to the third ar
ticle of our Constitution, wherein 1t
is made tic duty of tic Governor
to ''tnke care that the laws be faithfully
executed" Under this provision we
have no doubt the Governor will feel
himself amply at liberty to take care
not only that the laws ARE faithfully
executed, but also that those who I'M
der their oath faithfully execute them,
suHer no annoyance or detriment for
30 doing. Even did the whole matter
eventnate i'll his hands, inter nm adverse
decision from the highest court,
he has "power to remit fines
and penalties in such cases and
under such regulations as may he
bo prescribed by law" Under these
circumstances we should shy that the
risk to executors of the laws cannot for
the present be considered so imminent
as 70 justify their taking ont policy
of insurance along with their commits
sions. We presume that most any COM
Pany in town would underwrite for the
gentlemen at present involved, ut worry
moternte premium. Indeed we should
hardly besurpriscd TO see awrit OF ''prO-
hibitiOn" issuing from the court OF APP
Penls before the suit in question is well
under way.
THE reported election of Wade Hanp-
ton Hs Governor OF South Carolina, IL
true, seriously complexities tho Presi-
dents reconstruction policy. 1t is, to
say the least, an ebulIition OF Palmetto
feeling and spite, that is by no means
likely to induce Congress 10 permit n
too hasty admission OF Southern repre-
sentatIVes, and shows that however 1t
may bC in other States, South Carolina
is not yet half reconstructed. Wade
Hnmptonis, or was, mn original and
bitter secessionIst. He WINS nominated
for Governor, but resigned on the morn
ing Of election in favor of Mr.. Orr, an
original UniOnist, who was the first
man in South Carolina TO renew his al
leginnce. It remains 10 be seen whether
the General will acccptan honor which
must be an empty one IN his case, as
Secretary Seward has sent Insignificant
order 70 Governor Perry to retain his
oillce until Superseded by the President.
The probability is that prudent councils
will prevail, and that Wade Hampton
will consider his resignation binding |
and give way To Governor Orr.
Inthc meantime, the South Carolina
Legislature continues in session under
the auspices of Governor Perry, who
Inns sent urepOrt and DRAFT OF laws
adapted TO the new condition of affairs,
which were prepared by n commission
appointed by tho Conventions. These
measures provide for a change In the |
State laws emancipNtlng slaves, and
organizing a sysiem of labor regulations
for their government. The 18th of No
vember has been designated for the
election ormembers of Congress-
PREs1DENr JOHNSON having by his
proclnlnatiou appointed Thursday, the
9Th of December, as u day of thanEsgiv-
ing throughout our entire country, it is
TO be hoped, and reasonably to be OK
Pected, that thCre viii be concert with
this action ON the part OF NIL the Cover
nors, SO that our nation and state
thanksgivlngs shall be one ana the same
occasion. The Governors of Maine and
New Hampshire have already issued
their thnnlssgiVing prOclnmations, the /
former appointing the sd of November
and the latter the SOth of Tint month to
L. n ..a u