The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-09-24
Smith W. Smith.

Gov. Foreman is his appointment of
Nathaniel Harrison, of Monroe county.
Judge of the 9th Judicial Circuit; an
other, that the Governor issued no
proclamation for an election in that
Circuit either last fall or since; that he
did not commission Mr.. Samuel Price,
who, it is claimed, was then elected;
and that he has continued Harrison in
Office since that time. a prominent
Copperhead speaker the other day in
Richie, in emulation of his illustrious
leader, even'went SO far as to say Harri-
son was rebel, and Gov. Foreman
knew it when he appointed him.
Since Mr.. Smith and his friends labor
to make capital out of this matter, let
US look a little into the facts, and see
what part Mr.. Smith took in it:
| Those of our readers who file the
INTELLIaENCER will find full history
of matters connected with the appoint
ment of Judge Harrison in the INTEL
L1eENcER ofFeb. 10, 1866. We cannot
reproduce the whole, but make few
references to it.
Under date of May 81, 1865, Joel Nc
Pherson, Clerk and Recorder of Green
brier county, writes to Mr.. Smith that a
consultation of the friends or the New
State" had resulted in appointing a
committee to meet Gov. Boreman at
Kanawha, and recommend Mr.. Harri-
son for Judge. Under date of June
18th, Mr.. Harrison wrote to Governor
Foreman defending himself from
charges of utilization with the rebel
lion." On that letter the following
gentlemen made endorsements of his
loyalty and character: Judge James
II. Brown, of the Supreme Court, Col.
w. F. Chambers, State Senator from
the Monroe district, Capt. n. c. Nc
Whorter, member of the House of Dele
gates from Kanawha, Col. J. II. Obey,
of the 18th w. Va, Cavalry, and Benz.
H. Smith, U. S. District Attorney. Mr..
Smiths is as follows:
81 have known Mr.. Harrison for
"many years, and during the war, or
"since 1862, have often had CONVERSE
"tion with those from his vicinity. He
"has been uniformity spoken of as u
decided Union man, who had render
led valuable aid to oppressed Union
linen. 1 do not think his Union senti-
"ments can be doubted by those who
"knOw him best. He is a good lawyer,
"and we'll qualified for judicial station.
"BENJ. II. SMITH,"
| ~. S. District Attorney.
So much for Smiths connection with
Harrison's appointment.
At the proper time, before last fnlI's
election, a proclamation was issued by
Gov. Foreman, ordering an election for
Judge of the 9th Circuit to succeed
HarrisOn-Nlr. Benjamin II. Smiths
assertion to the contrary notwithstand-
ing. An attempt at an election was
made, but the counties were in SO dis
organized condition that it is doubt
full if the elections were properly held
in single one of them. Complete re-
turns were never received, but such as
came to hand indicated great irregu-
larities, there being for example, two
sets of returns from one county, made
by different boards of supervisors. 1t
was claimed by the rebels that Sam.
Price, late rebel Lieutenant Governor
of Virginia was elected, and the returns
as far as received, we believe indicated
|
in violation of law could elect him
1t was as notorious that Price could moi
take the oath of Office as it was that jeff
Davis could not. Gov. Foreman huC
not evidence of his proper election; anC
If it had been otherwise would hardly
have engaged in the farce of sending
such a man a commission. He refused
| tn Il inn I,oy Ioo
for it by the copperheads ever since.
By the time the facts in regard to the
election were fully ascertained, the Leg
islature had made change in the Law
concerning vacancies in office-the fiji.
ling of such vacancies being subject t.
their regulation, under the Constitu
ton. That change, in order to avoid
the great frequency of elections, pro
vided that vacancies in certain offices
judicial vacancies among others, should
be filled at the regular october election
succeeding their occurrence. So that i
has not been in the Governors power
TO issue other proclamations ordering
other elections in the 9th circuit, unit
that which appeared in our column.
some days ago. We are of the opinion
that if Mr.. Smith would read the laws
passed by the Legislature more and
abuse that body less, he would have
known the fucts we state, and have
saved himself much needless anxiety
In regard to the Governors having
continued Judge Harrison in office, i
will be seen that he has done no suct
l thing. The Constitution of the Stat,
/ continues him. He could only be re
, moved for adequate cause (not by tn
r Governor but by the Legislature.) w,
l are not aware that he has given any
cause, but has, on the other hand
done his duty bravely. 1t is tru,
that under the Constitution the term O
the vacancy expired on the thirtiett
! day after the meeting of the last legis
lature, but under that instrument any
= officer must go on in the discharge O
his duties, although his term be out
until his successor is elected or appoint
ed aud qualified. He must do this i
filling vacancy, precisely us if he hat
=. been through regular term. Judg
= Harrison, therefore, continues to b.
, Judge, not from anything Gov. Bore
: man has done, but by force of the Con
. stitution of the State.
3 1t appears, indeed, that Mr.. Benja
min H. Smith either does not read tn,
G Constitution and laws of the State, O
, ifhe reads them, fails to understand
or remember them, or does not find