The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-12-15
CHIEF JUSTICE NOSES.

CHIEF JUSTICE NOSES.
The Removal of his Disabilities-Pro-
ceedings In Congress
The first bill that passed both houses Of Con-
press and became law by the Presidents ap
proval since the opening of the present session
was the bill to relieve Chief Justice Moses Of
his political disabilities. We make the follow
ing extracts from the official proceedings of
the Senate on Wednesday, the 9th instant, al
published in the Congressional Globe:
The Senate having taken up for consdera-
ton the bill Is. No. 658) to relieve from disa-
bilities Franklin J. Moses, citizen OF South
Carolina
Mir. Robertson said: desire that the bill
should pass for the following reasons: Judge
Moses was State senator in South Carolina
for twenty-five consecutive years before and
during the war. At the end of the var he was
elected one of the circuit judges OF the State.
His decisions were satisfactory to both parties;
80 much so that upon the reassembling of the
Legislature, after the passage OF the recon-
struction act he was elected by large majori-
ty Chief Justice Of the State otSouth Carolina,
and this by the Union men of the State. That
court is in session at this time and may say
that the ends of justice in the State OF South
Carolina are blocked in consequence OF the
court not having the proper presiding officer.
hope therefore, that the Senate will consent
to pass this bill at present without objection.
Mr. Davis. move as an amendment to the
bill to insert after the words ''South Carolina"
in the fifth line, the words sand all other clt1.
zens of the State of South Carolina" so that
the bill will read:
Be IL enncted, &C., (two-thirds of each House
coucurring thercin,) That all political disabili-
ties imposed OF Franklin J. Moses, citizen of
South Carolina, and all other citizens OF the
State of South Carolina, by reason OF tAe third
section OF the fourteenth article Of tue Consti-
tuition OF the Emitted States be and the same
are hereby removed
The amendment was rejeeted-yoas 8,
nays A.
SIr. Davis. This bill would be more accept;
able to inc if the amendment which proposed
myself consfraineI to % vote a against it upon this
ground hold that there is no Fourteenth
amendment to the constitution. Tho PROPOSE
.tion which purports to be the Fourteenth
amendment to the constitution hold has
never been ratified by three-fourths or the
States, and therefore it is no part OF that IN
strument, and gives no authority to Congress
to pass any such measure.
The bill was ordered to be enerossed for o
third reading, and was read the third time.
The question being taken by yeas and nays,
rssulted-yeas 46, nays 6.
The President pro temsore. Two-thirds
having voted in the affirmative, the bill is
passed.
In the House of Representatives on the
same day, Mr.. Paine, from the Committee on
Reconstruction, reported the bill with the fol-
lowing rerlarks:
Mr.. Paine. am instructed by the Commit
tee on Reconstruction to ask that this bill be
put on its passage now, and after brief ex-
planatiol I shall ask the previous question.
Mr.. Moses has been lately elected CHIEF Justice
of the State of South Carolina. He was for
twenty-five years member Of the Senate OF
that State before and during the rebellion.
Since the rebellion he has been President OF
the Senate and Judge of the Circuit Court.
Tho law under which he was appointed Chief
Justice required him to qualify within thirty
days from the date OF his appointment He
was unable to do 30 because Congress has not
been in session for business since July last.
By special act OF the Legislature Of South
Carolina, the time within which he might quail
ity was extended for five months. That timo
will expire on the 29th day OF this month, Sd
that this bill, in order to bo of auy avail to him
and the State OF South Carolina, must be passed
at once. The removal OF disabilities IN this
case is recommended unanimously by the Sen
members Of the lower house OF the Legislature
of that State I submit that recommendation,
to be printed as O part Of the record Ill this
case; and also present, for the same purpose,
letter of Major-Geuoral Candy to General
Grant. and letter of the Governor OF South
Carolina, both recommending tue relief OF Nh.
Moses from his disabilities.
MIR. Paync then presented tho mcmorIa
signed by nearly all the members OF the South
Carolina Legislature, and also the following
papers
Respectfully submitted 10 The General Of tie
Army:
Tho writer was one of the judges OF the
Court Of Common Pleas and General Sessions
of the State of South Carolina, and has lately
been elected by the Legislature chief justice
of the Supreme Court OF that State, udder the
new constitution. Judge Moses was one OF
the first to accept the conditions OF the acts Of
reconstruction and to act under them, and
soon .fter they went into operation he united
with Judges Glover and Aldrich, OF the same
court, in making some practical suggestions in
relation to the Jury system established by
General Orders No. 80, OF May &c. 1867. Tue
last named gentleman subsequently changed
his course but the two former continued TO
act consistently. The election by tho LeSisla-
ture to the highest judicial office of the State
ia regarded as q conclusive expression OF the
wishes OF the people of South CIrolina ; but 1t
is proper th IT should add that Judge Moses
course, official aud personal, was OF material
aid to me as commander OF tn, district.
u. II. s. CANDY,
Brevet Maior-Gencral Unite d States Army.
WASHINGTON, q. G., November ., 1868.