The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-02-19

praise than blame but in this instance the naked
truth will not admit the use of Aatterng language
-Vcrbun sat sapicnti.
--- For the anderson EuteIGgsncer.
"Men change with fortune, manners change with
cimes,
Tenets with books, and principles with times"
Amid the rapid revolution through which We are
passing there still exists some faint remembrance
in the minds of the people of that ancient princi
pie, that in all constitutional governments the
military should be subordinate to the civil author
ty. Where this principle originated and was es-
tsblished, whether in Magma Charta, the Declara-
tor of Independence, Federal or State constitu-
tons, is almost lost sight of. 1t appears now as
vague, Indefinite instinct, transmitted to the pres
ent generation by ancient tradition, and we are
only occasionally reminded of it, by courts and
legislative bodics in manner calculated more TO
excite smile than serious thought.
Indeed, new idea seems to prevail that this old
principle is sheer nonsense-that the military and
civil authorities of State Siamese twins, and
can both be supreme among the people at the same
time.
Inter arma leges silent,
Or,
Arma cedant tog@,
are old fogy dogmas, which cannot impede this
progressive age. But still it must amuse oil think
ing persons to witness the endeavors Of our off,
cials to reconcile or conceal this glarng inconsis-
tency, this remarkable incongruity. Not long
since, considerable Indignation was manifested by
Judge, and the audience present, by the appear
ancc of single soldier in the court-roorn, bearing
an order from the military commander, prescribing
how Justice should be administered. That Judge
vacated his seat, but still the courts are kept OPEN
In Memphis, likewise, the lawyers left the court
room in a body, because the Judge introduced
few soldiers but the lawyers return ms soon asthc
soldiers depart. Again, in Charleston, even the
motley members of the so-called Convention 60
straightway into Mysteries over few policemen
sent into their midst to keep order; but they 60
on with their law-making as soon as these terrible
foes are out of their immediate presence. NOW
this is mere ,heatrcs nice acting but is the prin-
ciple thereby acknowledged, vindcated OF honored!
| Should laws be made, or justice attempted to be
administered by civil courts, where the military
power is supreme, Can it be done fearlessly, I'M
partially and independently! This is the qucs-
ton, and it is not answered satisfactorily oy
grand flourish over the presence of few soldiers.
The camp of the soldiers may be just out of sight
the military commander and the power that rules
may not offend your actual presence but is not
the fact, the supremacy Of the military, KNOWN
felt and acknowledged by all!
How long shall this incongruous, dangerous e1-
pertinent continue, or where will it end? Are we
not steadily and rapidly drifting away from an-
cicnt safeguards, and by acquiescence and con-
fcrmiy in effect, almost legalizing these mischiev
GUS invasons 1t is fearful juncture of affairs
in any government, when Judges con find no more
solid foundation for their judgments, than this
doctrine of e1pediency, this time-scrving policy,
that it is better to conform and give judicial sane
tion to these Irregularities for fear that worse may
befa the people
In case recently heard in Charleston. to wit ::
The Rule against the Sheriff, % military appointee,
to shew cause by what authority he held the office,
the learned Judge admitted that the Rule was to
the point, that it involved the authority of military
orders questioned their validity, and the right of
civil court to give them effect, &c. Now, does he,
in the judgment pronounced, vndicate the laws of
the State under which he holds his commission !!
He says: 81 feel it my duty, in the decision of
the point submitted, not to disregard the circum-
stances by which We are surrounded, and the e1-
listing relation of the State to the General Govern
ment The organization Of society must be pre-
served or in the place Of authority, whether it be
de jure or de facto, rule of conduct would be sub
sttuted which, regardless of all law, would leave
the people of the State in a worse condition than
that which they now realize" Not very plain,
but ne suppose the Judge meant that in bis opin-
ion, quasi civil government is better than pure
military government, and that quasi civil court
is better than q military court. But he proceeds ::
"I have less hesitation, in the conclusion to which
have arrived, from the fact that the courts of
South Carolina have observed and respected the
said orders The Court of Appeals at its late sit
ting in Columbia in December last, recognized, In
the case of the State Us. Jennings, the radical
change made in the jury law, by the effect OF the
order relating thereto. l feel the weight OF the
authority and my obligation to be bound by it,
sc.
Now We submit most respectfully, that the Ap-
peal Judges in the case of the State Us. Jennings,
instead of deciding these military orders Valid
most carefully and adroitly avoided any opinion on
that point The Appeal Court says: "In the ar
cument before this Court the counsel for the pris-
oner has rested the motion in arrest of Judgment
upon two objections to the jury which tried him.
|. That the jurors were not drawn under compe-