Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-06-20
SOUTH CAROLINA.
EXECUTIVE DEPARTMENT,
Charleston, Jane 18th, 1894.


The Appeal Court having decided that the
10th Section of the Act, passed at the last ses-
sion of the Legislature, " for the Military Orga-
nization of the State" which provides that all
Militia Officers shall, within thirty days after
their election, take an Oath, "that they will be
faithful, and true Allegiance bear to the State
of South Carolina is unconstitutional, null
and void it becomes the duty of ali Officers en-
trusted with the execution OF the Law, to con-
form to that decision until the Constitution shall
be amended, or the decision reversed. Under
our system of Government it is the province of
the Judiciary to eXpound the laws and obedience
10 the constituted authorities has always been
distinguished trait in the character of the Peo-
pie of South Carolina All Officers of the Mi
litia, therefore, whose Commissions may have
been withheld in consequence of their neglect
or refusal to take the Oath of Allegiance, pre-
scribed by the above act, will on application to
the proper officers, be entitled to receive their
Commissions. The Court has also decided that
the Oath prescribed by the Act of the 10th De-
cember, 1894, (the only Oath heretofore taken
by Militia Officers in this State is likewise un-
constitutional, and that the only Oath which
said Officers can be lawfully required to take,
is that to be found in the 4th Art of the Consti-
tuition, in the following words viz" do swear
Cor affirm) that | am duly qualified according
to the Constitution of this State to exercise the
office to which have been appointed, and will
to the best of my abilities, discharge the duties
thereof and preserve, protect and defend the
Constitution of the State and of the United
States"
All officers who have not heretofore taken
this OATH whether they have received their
Commissions or not, will, accordingly, take the
said Oath, before some Justice of the Peace or
other Officer authorized to administer Oaths
and cause the same to be duly certified and en-
dorsed on their Commissions Where vacan-
cies exist, prompt measures will be taken by the
n no 70 he IloI
up; and, as soon as the Organization of the Mi
ltia shall be completed under the late Act re-
ports thereof will be made to the proper Off
GERS, and through them to the Commander in
Chief
The Governor is well aware that he might
have transferred to others, the responsibility of
deciding on the course proper to be pursued on
this occasion. Under the power conferred by
the Constitution upon the Executive, the Legis.
lature might have been Immediately convened,
and the whole question submitted to their wis
dom. This course he would have felt himself
bound to pursue, if the decision of the Judges
had been regarded by him as leaving the State
without officers and without any military orga-
nzaton exposed to all the dangers incident to our
peculiar situation. But putting different con.
struction upon the decision, and believing that
its only effect will be to prevent the enforcement
of an oath of fidelity and allegiance to the State
until such time as the same shall become part of
the Constitution by the final adoption of the
amendment already agreed to by two-thirds of
both branches of the Legislature at their last
session, and now awaiting the ratification of the
ensuing Legislature to be chosen by the people
in October next, the Governor has deemed it
more advisable to refer the great questions ars-
ing out of the decision of the Appeal Court to
the next Legislature, coming, as they will, fresh
from the people, than to impose upon those whose
Office is about to expire the duty of revising their
own acts, and deciding an existing controversy
between the legislative and judicial denartmenfs
of the Government.
II is deemed a decisive argument in favor of
this course, that in submitting these imnortant
MISUNDERSTANDING as they are supposed to
do, the rights and duties of the citizen, the So
veregnty of the State and the relative powers of
the Legislature and the Judiciary)-to THE pEo-
PLE an appeal is made to the highest tribunal
known to our system, the source of all power,
whose decision Ono longer delayed than may
perhaps be necessary TO secure an enlightened
Judgment free from all undue excitement will
come with an IRRESISTIBLE WEIGHT AND AUTHoRI- |
TY. Nor is it believed, that the example of mo- |
deration and respect for the laws and const- |
tuleo authorities of the country thus afforded at
PERIOD OF much excitement, and under cir |
cumstances OF peculiar trial and difficulty. can /
De witnout sanitary influence on public OPT |
MON, both al nome and abroad
The Governor and Commander-inChief in |
presenting these views to his fe!low-cfizens con