The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-08-18
[coMNUN1cArED.l
Who are Our Judges!


The Judges of the Court of Appeals have
been, it is said, removed, and others designat-
ed to take their places. The inquiry IS natu-
raj: it is also pertinent and momentous-by
whom and by what authority has this great
act of revolution been attempted? If lawfully
done, the sooner it is 80 understood the better.
If wrongly done, the sooner that it is undone
the better. 1t is grave matter; none can be
more so. The consideration OF it deserves and
demands calmness and sternness. IF there
is in any place, or with any persons, that power
by which this removal can be we'll made, it. is
we'll for all to know where is that place, and
who are such persons.
The Judges of this State have been elected
in accordance with the constitution and laws
Of the State, as they were of force at the time
of such elections. Their tenure OF office was
4 during good behavior. They were and are sub
iect to impeachment for high crimes and mis-
demeanors; for corruption in procuring office;
or for any act which shall degrade their official
character. If disabled, and unable to DIS
charge the duties Of the Office, By reason OF
nermanent bodily or mental 'infrmity, the
| Office may be declared vacant by joint resolu-
ton, agreed to by two-thirds OF the whole re-
presentation in each house Of the General As
senibly. The grounds for removal in such
| case must be served on the officer, and he shall
be heard before the resolution shall pass either
house. Such uds and is the tenure of the
Office of every Judge in South Carolina. 30
completely were they and are they protected
from every power, save that which they create
for their own removal, by a want Of good be-
havior, or SUCH incapacity as makes the office
vacant. With these exceptions, the Judge is
beyond the control OF faction and of power;
and his independence ID the safeguard and
guarantee for his integrity. In Great Britain,
the act OF settlement established the independ-
ence Of the judiciary. S.nce then, no Judge
eau be dismissed exception conviction for some
offence, or by an address of both houses OF
Parliament. In this State, there has been no
impeachment of these Judges for high crimes
and misdemeanors; they have not been charg-
ed with corruption in procuring their Office,
nor with any act which .degrades their official
character. Wher the State seeded, they we're
in the State and with the State as officers OF
the State. They had then, as they have now,
the same commissions they received when they
were elected. They are noao Judges, az they
have been since they were elected; and such
they will be, unless they resign or die; for
their charac er gives assurance that their good
behavior will never be doubted.
BUTT will be said, conceding this to be 30,
tie Congress Of the United States in conse-
auence of the war and the success ofthe Gov
ernment of the United States, authorized ard
required certain things to be done; and in
these was involved the removal OF the judges.
Why? Because, it will be said, such power
was the result of the law Of conquest, and be-
cause such removal was the necessary conse-
quence, nay more, the positive command, in
the disqualification of these Judges.
Accepting oil the disadvantages of consider
ing the question on grounds altogether partial,
we will take it nevertheless; and take it be-
cause the most ultra advocates Of the Recon-
struction acts will regard these as most favor
able to the conclusions he adopts. We will
not therefore appeal 10 the Constitution OF the
United States, 30 constantly but not so con-
slstently invoked by those who oppose us,
nor to the limitations upon the power of Con-
eress, 80 much outraged by those who pro-
fess to respect them but concede to them,
for the sake Of the argument, that the State
has been reduced by conquest, and 80 restored
to tho Union. So conceding, We deny the just
right of the Congress Of the United States by
the law of conquest, as now accepted by
civilized nations, to do. or to authorize any to
do, what has been done, or attempted to be
done, in this State, in the removal Of these
Judges.
It is notnow, as in times past it has been,
then the law of conquest was but the will OF
The conqueror. Among civilized nations ini-
tations upon it's exercise are at once defined
and recognized and this modern us age is
acknowledged by the United States TO be tdw,
which cannot be uiolated. In the case of con-
quest of foreign nation, the United States
have said, the power resulting from conquestis
rightfully exercised, in securing obedience to the
conquering nation, and protecting the per-
sons and property ofthe conquered. 1t brings
with it new supremacy which disso,ves for
mer political relations, but preserves all pri-
vate relations and all rights vested under the
government OF former allegiance, except in
80 far as they may be in conflict with the Con-
stitution aud laws of the United States, or
with the regulations which the conquering
and occupying authority should ordain, for the
enforcement of the obedience and the protec-
tion to which we have referred. Conascation,
because never necessary for these objects, is
regarded as violation Of The rule of pub
lie law, and the sense Of right and JUS
tice as acknowledged by the civilized
world is outraged by the exercise OF that
power by the conqueror. Euen lhe lt,os
OF conquered nation continue in force unless
altered by the conquerer, for tie purposes we
have stated, and the same rule secures the
rights Of municipal corporations. The discus
sion, too, which has taken place in regard to
treaties has now established the principle
that they do not become ipso facto extinguish-
ed By war, and that treaties which contem-
plate permanent arrangement of territorial
or other national rights are, by every principle
Of just Interpretation, rot extingulshed by
war, we pause only 20 ask, it the stipulatious
of treaty survive the effects OF war, are the
ot;nr Ia liona oP tho Conet,tntion of iho IInitcd