The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-03-05

The foregoing statement, we oplne'
LIZ oonTince any one that Mr.. Prices
y M S1a;aS TO a majority was well founded,
". ot1 s,;,cf;ue;, anv fair mind to concur III
az oninion of the Governor. AS MI.
Price held the position of Lieutenant
Governor of Virginia, Tin rebe llion) his
Ezcellency concludes that "of course
he cannot take the oath of Office required
by our law" Does the holding of one
position under the rebel government OF
Virginia disqualify one more thorough.
" than another for taking the oath2 #
a man who held the Office of magistrate,
deputy sheriff or clerk of the county, OF
who sought a commission in the Con.
federate army, can take the oath OF
Office, why can not one who held the po-
sition of Lieutenant Governor also take
the oath? Is the disqualifying charac-
ter of an office in direct proportion to
Its Importance
In Mr.. Prices own county gentlemen
who, during the war, recognized the
government at Richmond as the legal
government Of Virginia and held the
Offices respectively of justice, deputy
sheriff, and clerk of the County Court,
have, since the extension OF the juris-
diction of West Virginia over that coun-
try, taken the oath of Office required by
the act of November l4th, 1868 They
have been induced by Governor Bore
man, or BY his agents acting under his
authority to take this oath under q
liberal construction" and now have
his full confidence as consistent Union
men Is his E7cellenoy, then, consist,
ent or justified ini concluding that cot
course Mr. Price cannot take this oathl
That Mr. Price was an ardent, devoted
and uncompromising Union man until
the ordinance of secession was passed
no one knows better than Governor Bore.
man He then declared that he would
90 With his State, and we have reliable
authority for saying that Governor Bore,
man, about the same time, in the town
of Charleston, on an occasion which he
no doubt remembers, declared that he,
too, would go with his State, and that
he would return to the northwest and
oppose the. new State movement, then
in lis incipiency Mr. Price went with
his State What the Governor did is
also we'll known
The law regulating elections by the
people declares ~ of the certificates 70.
Sp"rtipg the election for Attorney Gen.
eral. Judges ur eL~ Gnnreme Cont of
Appeals Judge for Cirouit1 E,-,,-,--,et
atiI.s in the Congress Of the United
Sta -, aud Electors OF President and
vic. President of the United States, g.
speclively, the Board of Supervisors
sbal! transmit one in each case to the
Coz .rnor who shall ascertain who are
alec ed and make proclamation5 thereof,
The Judges and Attorney General shall
also be commissioned by The Governor
Acts. 1868 p l24, Sec "a
! Ii IS the duty of the Governor 10 in
speCt the returns and to Issue a commits
sion 70 whoever may have a majority of
the votes This is a simple ministerial
act oquired by law The Governors duty
isspecifc No authority, express or by i'm.
plication, is given him to do moro in such
cases He can not go beyond tho returns
t. ascertain whether the party has the
| qualifications required by law His duty
is SIMPLY to issue a commission and
whtn he undertakes to decide whether
the ,erson elected has the required quail.
ifcDrions he not only Ivades and disre-
gard, the rights of the people, but
usuI t,s the authority of another depart
mem of the government If the person
eleCi Sd and commissioned Judge enters
upon the discharge of the duties of his
Office without having taken the oaths re
quirrd by law it is for the Legislature,
and the Legislature only, to take cogni,
zance of the offence and to proceed
against him by impeachment.
Had the Governor issued this commits,
sion he would simply have done what
tho law required him to do and at the
same time would have shown a proper
regard for the expressed will of the PEG
pie.
a wise ald enlighted Governor who
had he interests of all portions of his
Stat, at heart who could elevate him.
self Dove the prejudices of faction and
turn deaf ear to the whispers of the
willy and interested advisers, would de.
sire to secure to the State the services
of the able and upright throughout its
limits, aud to harmonic and attach to
it those who have, recently, By
The ,urt Casaresn argument of aru ed hosts
been brought within its jurisdiction. /
SNANI NSlSu ilNN IUlSI GU
bear no rival near the throne" and
wishes none to be in influential positions
whose ability may surpass his own, aud
who can not be made to subserve the
purposes ofparty
IL refusing to issue & commission to
the Judge elect Of the Ninth Judicial
Circuit, Governor Boreman has
lst. Failed to discharge duty imposed
upon him by law
end. He has wrested IRON the people
their right to elect Judge and thrust
upcn them his own favorite.
3rd He has done what the Legisla-
tare alone has the right to do. and shown
e distrust Of that body.
4th He has made himself liable to re
proceeded against by the Legislature
Whatever abuses of power were toler-
ated during the war, the war has ceased
the policy Of the President is the only
proper guide for the truly loyal, aud the
people aud the press will contne officials
strictly to the exercise of their legiti-
mate functions