The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-03-11

uluerilS with 1"0iii III l'oiiIiSo, 10 O'iNA
Justice Dunkin, now over seventy years
of age, retaining and exercising his full
intellectual powers-an ornament to the
bar and the State. Turning to the past
history of his native State, he light refer
them 10 the late Chief Justice O'Neall,
Chancellor Johnson and othors, who,
during their time, rendered the ablest de-
cisions at seventy years of age, and who,
as far as ability aud learning were cor
cerned in the dispensation of law, had no
supeliors. That any of their learned
Judges on the bench differed with them
IN politics was not TO be taken in ques-
ton in the administration of law. He
knew it would be argued that men at
that age become imbecile and childish,
but in the present Constitution which
they were framing, they had safeguard
in having restricted the term for which
a Judge is elected to six yeaN. But to
send forth such, doctrine, that to be old,
to be experienced, to be- wise, is crime,
was certainly not in accordance with Re-
publican principles, which they all desired
to perpetuate One of their most ardent
advocates was Mr.. Thaddeus Stevens,
now oxer seventy-6ve years of age. He
hoped the section would be stricken out.
Mr.. Bowen said the cases cited by the
last speaker were not analogous to the
Judges to be elected here, and who were
expected to 90 over the circuits and hold
ut least FIVE terms a year in each county.
The State of New York, he said, retired
their Judges at sixty-fve. 1t was to
avoid any necessity to impeach or try q
Judge for inability or inhrmity in the
discharge OF his duty that this section
was inserted.
Tho question being taken on the vari-
GUS amendments, the motion of MIR. Whit.
temore, to insert 81 instead Of 10 years OF
age, was agreed to.
The question WAS then taken on the
motion to strike out the entire section
which WAS agreed to, and the. section
stricken out
Settion 20, providing that Judges shall
not charge Jurics in respect to matters OF
TACT, but may state the testimony and de
clare the law, passed to 8 third reading
without amendment or debate.
Section 80, providing for the election ol
Clerks of Courts Of Common Plcas, passed
to q third reading without debate
Section 81 WAS amended SO rs to give
the election Of the Attorney General OF
the State to the people, instead of to the
General Assembly, and fixing thc term Of
office at four years.
Section 80, providing for the election
by the people of Il Solicitor for each cip
cult, after some verbal amendments, pass
ed to third reading without debate.
Section 33 provides for the election by
the people. of II Sheriff and Coroner fol
four years, and was passed to THIRD
reading. Some debate arose on this sec
tion in reference to- she retention OF the
office of a District Surveyor reported by
the Committee in the first clause. II
was, however, finally stricken out.
Sections 81 and 35, relative to writs
processes, prosecutions, the publications
of the decisions of the Supreme Court
after being amended so az toprovide thai
all prosecution he conducted in the name
of the people of South Carolina, passed to
their third reading
This being the closing section of the
judicial department, on motion, the con
vcntion adjourned
The consideration of tile report of the
Committee on the Judiciary will next be
resumed, with the Article on Jurispru
dence.
FoRTIETH DAY.
The Convention assembled at 10 A. NJ.
and was called TO order by the President
~ Mn nnl.