New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-19
THE GOVERNORS DUTY.
EX.JUDGE DAVIS POINTS OUT WHAT OUGHT TO
BE DONE IN THE CASE OF ASSEMBLY
MAN DFMAREST
TO the Editor of The Tribune.


TO the Editor Of The Tribune.
Sir: One OF the duties specially imposed upon
the Governor by the Constitution of the state is
expressed in these words " lie shall take
care that the laws are faithfully executed. tSec
a, Art. IVY
A member of the Assembly has been arrested
for the crime of forgery, which is felony PUNISH
able by imprisonment in a State prison: and, IL Is
said. he has confessed his guilt. The Governor
cannot grant n pardon till "after CONVICTION
(Sec 5, Art w. Constitution How, then, can
the laws be faithfully executed if this confessed
criminal and felon be permitted 10 appear IN the
Joint convention of the Senate and Assembly ana
vote for the Office of United States Senator or
10 perform any other legislative Junction Mos'
especially how could the Governor Justify allow
inc him to vote for himself, the Executive OF the
State for such an office? Does the Governor
take care that the laws are faithfully executor
il he permit such confessed criminal to vote for
him?
1t is said that the criminal has not lost his
r;cbt to vote. because he has not been judicially
convicted on trial after indictment. 1t is true nc
has NOT been so convicted but is the Governor
Constitutional duty limited in respect oil criminals
10 those only who have been 50 convicted? by
no means He is 10 " take care That the laws pc
faithfully executed and this obligation appneS
10 every stage of their execution from the hrSV
step TO the last. So that if the INFERIOR oihceis
of the State or county fail TO execute the laws, te
chief Executive may step In and command ~ ~
he done and remove the officers who neglect thelr
dntes or refuse obedience to his orders, and APP
point men who will obey the laws. ms Is IT'S
much part of his functions and duty as 10 see
that the laws are executed upon felon after his
conviction.
When, therefore, it comes to the governor
notice that criminal arrested for and cohleHslhs
a crime which the law makes felony Is az l"iee
claiming the right as a legislator TO exercise the
highest functions of his office, and when ahecC
not only the State, but the United States 1t be
comes his special duty to take care that the laws
he faithfully executed, by ordering the SherIn OF
the proper county to take the feon into CUSTODY,
and the District-Attorney to proceed TO prosecute
him according 10 law and his neglect or refusal
10 do SO is a violation of his own Official oath'
Especially is this when such neglect is obviously
for purposes of his own, or for the interests 81
his marty. Both the Sheriff and the District
Attorney who shall refuse TO obey his orders may
he suspended by him and afterward removed, ana
others who will obey be temporarily appointed
to see that the laws faithfully executed.
The State is not, therefore, so helpless that n
confessed murderer or any other felon can walk
laws, or elect Senators for the people because
he happens to have been elected before his crimes
were discovered but if nothing else prevents, a
faithful Governor can see that the laws are 80
executed by proper officials as TO prevent the
outrage and shame of such conduct by a lclOn.
If the criminal i'll this appears and undertakes
10 execute any function d legislator, ii is the
plain duty of the Governor to order the Shcrlh
of Albany County to arrest him and forthwith
transport him to Rocllland County, 10 be delivered
10 the Sheriff jailer Of that county and there
detained for prosecution on the charge Of the
felony which he cOnfesses
For this he needs process for any Sheriff
may arrest in his bawick any felon without
process and transport him TO the county where
his crime was committed. This is 4 legal duty in
order to obey the letter and spirit Of consiitu-
tional duty, and the moral sense of all people
and parties will justify its performance; but il
will never Justify Governor who takes at thc
hands Of such n criminal vote for himself fol-
any Office high or low.
Ii is hoped in this case that the guilty Assembly
man will not appear. Tweed, though elected
Senator, never appeared in the Senate after his
crimes were developed. Governor Hill may well
recall that precedent and prevent a departure
from it. NOAH DAVIS.
New-Yorls Jan. IS, 1891.