Cheraw gazette and Pee Dee farmer. [volume] (Cheraw S.C.) 1838-1839, 1839-05-17

}
accomplished, they were subject 10 his rule
not he 10 theirs. They were chosen by
the authority of his Tandatc, and with the
power of self organization, only in the event
of his absence at The opening f the session.
Corporealy present. but refusing 10 perform
his tuacuon, he might be deemed cons!ruc-
lively absent, for constitutional purposes. IN
somuch that the commissioners might pro.
cred 10 the choice of substitute without
him but not if he had entered upon the per-
,ormauce Of his task and the reason is that
the decision of such cues ions as were pre-
ma'urely pressed here, is proper for the de-
cision Of the body when prepared for organ.
ic action, Which it cannot be before It is
fully constituted and under the presidency
fits own moderator, the moderator of the
preceding session beng functions oficio.
There can be no occasion for lis acIon
sooner for though the commissioners are
necessarily called upon 10 vote for their
moderator, their action is not organic, but
Individual. DR.. Mason's motion and ap-
peal, though the clerks had reported The roll,
we're premature for though it is declared
in the twelfth chapter of the Form of Gov.
ernmcnt, that no commissioner shall dellb-
crate or vote before his name shall have
been enrolled, it follows not that the cupac.
ity, consummatcd by enrolment was ex-
pccled 10 be exercised during any part Of
The process Of organization, bnt the choice
of a mode,a ator and moreover, the provis-
ion may have been in:endcd for The case OF
a commissionerappeariug for the first time,
when the house was constituted.
Many instances may doubtless be found
among The minutes, ofmotions entertained
previously, for our public bodies, whether
legislative or judicial, secular or ecc!esias-
:ical, are too prone to forget the golden pre-.
crpt.-" Let all things be done decenl!y
and in ORDER" But these are merely i'll
stances of irregulari'y which have passed,
sub silenho, and which cannot change 4 rule
Of positive enactment. 1t seems then that
an appeal from the decision ofthe modera.
tor did DOT lie; and that he incurred no
penalty by the disa.lowance oft. The title
ofthe excnded Commissioners, could be
determined only by the action of the house,
which could not be had before its organiza-
ton were complete and in the mean time,
he was bound as the executive instrument
ofthe preceding assembly, 10 pu. its ordl.
nance in execution for 10 the actual as.
scmbly, and not 10 the moderator Of the
preceding one, ii belonged to repeali,.
1t would be decisive, however, that the
motion as It was proposed, purported not
to be in fact question Of degradation for
the disallowance Of an appeal, but one of
new and independent organization. twas,
ostcnsibly as we'll as actually, measure of
transcendenta power, whose purpose was
TO treat the ordinance Of the preceding as
sembly as nuty, and its moderator as
noneutity. 1t had bfsa prepared for the
event avowedly before the meeting. The
witnesses concur that it was Propcunded as
measure oforg'nal organization 'ranscen.
ding the customary order and no, as u re-
course TO the Ultima ratio for specific vio
laion fit. The ground of the notion as
it was opened by the mover, was not the
disaloa ance of an appeal, which alone
could afford pretext OF forfeiture, but the
fact of exclusion" To affect silent mem.
bers with an implication of assent, however,
the ground of,he moion and nature of the
question must be so explicitly put before
them as to prevent misconceptlon or mis-.
take and the remark that herAlIe the
question in this instance, pointed at, not a
removal Of the presiding incumbent, but
separate organization to be- accomplished
with the least Prac icable interruption Of the
! business in hand +; and if !hey indicated
any thing else, they were deceptive. The
measure was proposed not as that Of the
body, but as the measure ola party; and
! the cause assigned for no. having proposed
it elsewhere, was that individuals OF The
par,y had been instructed by counsel that
the purpose Of it could not be legally &C.
compIished in any other place. No witness
speaks of a motion 10 degrade and the
rapidi;y Of the process by which the choice
ofa substitute, no.a successor, was affected,
left no space for reflection, or dcbaIe. Now
before in passive Commissioners could be
affected by acquiescence implied from their
silence, it cugh. 10 have appeared tha; they
were apprized Of what was going on but It
appears that even an attentive ear.wItness
was unable to understand what was done.
The whole scene was one Of unprecedented
taste, insomuch that it is sill matter OF
doub, now the questions were put Now.
though these facts were farly pu, 10 theju
1t IS impossible not TO see that The verdict
is in This respect manlles Iy against the cur.
rent Of the evidence.
Olher corroboratlve views have been
suggested ; but it is difficult 10 compress
a decision OF The l,adng points in this cas-"
into the old fashioned Eimils of Judicial
op Mon. The preceding o servalions,
4