The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-07-27

,Polue VI uuty LII tn6 CAso OF JnO Judge
ne alone in the first instance must decide the
question, 30 as to preserve the independence
OF ora his department. and the honor Of his State
without fear favor, relying upon the good
sense. sense Of the Legislature and the people to
sustain rsn;a him in his course, at least 10 ap
lctcy OF my posi- ion. No man in the State ap.
preciated moro highly the Importance of holding
storo , ana no man was more anxious to re.
store me State to civil rule but represented a
department OF the Government that had always
neen distinguished for its high sense of honor, iis
on # Parriotish and its stern independence. To
character had been committed by the Legislature.
alone was the judge of what was my duty, and
having made up my mind deliberately, f. arlessy
performed it. have always acted upon the prin-
clp!e which is said to be the rule, by which that
eminent Judge, Lord Chancellor Eldon, was gov
ernea, fat whenever the conscience and the judge
lnent concur In the propriety of given course,
pursue It unhestatingly, regardless of all opposi-
tion.' This has been my rule of conduct Through
long as live trusting that in the future as in the
past, may always be able to pursue this course,
without treading upon tho feelings of others, or
violating the Proprierties of life.
see that some of the Judges Of tho Federal
court have taken the same position, and have re-
fused to hold their Courts where martial law is
proclaimed. But did not need to be sustained
by these, When I looked back upon the list OF
the gentlemen who have illumined and illus.
trated the Judiciary of south Carolina, and read
the names Of Pinckney, Rutledge Brevard Dray-
ton, Gaillard, Cheves, Huger, Colcook, DeSsus.
sure, Richardson, JOHNSON, Harper Evans. But.
ths. er and o'Neall' knew that was right. felt
that every man Of them would have died sooner
thsn to have sacrificed one jot title OF the
Independence Of the Bench, and believing that the
upon that Independence, determined at once sat to
rebuke 1T, in the only way in my power and if
could not hope to equal these great mon in the
grandeur OF their performances, could, at least.
endeavor to initiate them in their courage and
their virtue. "A'
am not at all opposed to the pursuit of q
course to be wise and prudent 1 think it is the
duty OF every public man and every private citi.
zen to pursue the course which will most quickly
and most surely canciliAte those in power, with
out sacrificing our independence and honor; but
am by no means satisfied that timid councils are
best calculated to attain that end. There is such
thing as maintaining ones aelf-respect and at the
same time retaining the respect of others. There
are such principles as eternal Truth and eternal
Justice. Let us do right and patiently endure the
ase we and or later these
the proud consciousness Of knowing that we have
preserved our manhood, and not sullied the
ANCIENT 1G glories and memories OF our State.
The Judge said he had brought this matter
prominently to the notice Of the Grand Jury, be-
cause he thought it was due to them and due to
himself to state the grounds and reasons for his
couree. He then brought to their attention the
Stay Law, which has lately been decided to be un-
constitutional by the Court of Errors, and coun-
aisdu;a;o .eed frm support Of the constitutional
mtaggtnsi tagt forbeagance will do as much towards pro.
the law which has been declared null and void
He said although he not convinced, yet he
supposed he must be wrong as he stood alone in
the Court. The country WAS warned that all
combinations to resist the law would eventually
fail, and the inevitable result would be to unite
the law abiding citizens to sustain the public
authorities, which they would do necessarily, thus
depriving the suffering class Of all sympathy, and
increasing their distress. ..
He also warned creditors that by pressing their
debtors they would force honest and conscien-
tious men to press those who would be most in
dulgent to them, and thus, while they forced a
sale ana sacrifice OF the debtors land they would
not themselves be benefited.
His Honor then alluded to tae question of labor,
He said that the negroes had no true friends in
this country but their old masters and their chill
dren; that so soon the deleterious influence of
the Freedmen's Bureau WAS removed, labor would
be organized, the negro would return to his old
feeling OF confidence and loyalty, and our social
condition and agricultural prospects be greatly
improved. He condemned, in the most unouali-
fed terms, the rare instances OF injustice to the
negro, and advised the jury to bring all such vic.
latIons OF the law to the notice of the Court 80
that the Solicitor may bring the offenders to
prompt pun shment.
The District Police were next presented to their
consideration, al d they were charged to see that
the different Boards and the District officers per
formed their respective duties.