The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-31
Appointment. of Civil omcer.
MoNY AND THE ARGUMENT OF OPPOSING
CoUNsEI-DEo1sIoN OF THE
COURT RESERVED.

D6red that J0n0 Jeuh1us \OoioA"oI ~
reseptenced to death, and that hls counsel
Mr.. It. G. Barker, objected to the execution d
the sentence upon the ground that w. s.
Hastie was not the legal sheriff, and would DE
liable to be indicted for manslaughter II lle
caused the prisoner to be hung. MIR. Hastie
had been summoned to appear and was present
in court.
MIR. Barker said that the prisoner Jno. Jen-
kins, was now in the custody Of W. 8. Hastie,
ESQ.,, who was not the lawful Sheriff The
question now was whether Jenkins should be
hung by W. 8. Hastie or Jno. E. Carew his pre-
decessor, and the true and rightful sheriff. AS
one of the counsel Of Jenkins he did not con-
slider that he had exchanged his responsibility
unless he had brought this matter to the at
tention of the court. It was his business to
see the sentence lawfully executed, but The
court had instructed him that no notice would
be taken of the case unless brought up in legal
proceedings, and Mr.. Elastic was willing to
have this issue made. He did not believe the
present incumbent to be legally competent to
fill the Office; he was bound by his oath as an
officer Of the court to make and sustain this
question. AS to Mr.. Hastie, justice demanded
that he should be relieved from his present
painful embarrassment. For himself, he had no
apology to make for sustaining the constitu-
ton and laws Of the State Of South Carolina.
Mr. Barker then read the rule on MIR. Hastie.
MIR. ". s. Hastie, in reply, said that he had
never courted this issue, but was prepared to
meet it. His appointment was by the military,
and though many may sneer at this authority,
!. IVES on that issue that he would either stand
OF fall. Mr.. Hastie read hls appointment from
the military, and his commission signed BY Gov
ernor Orr, and sealed with the broad seal CT the
State. He said that he did not mean to snter
into the defence Of the parties who appointed
him, but there were one or two points which
he thought should be refuted. He had been
charged with being an usurper, but no had
never solicited the appointment, and had had
no opportunity to decline. The first intination
he had received was through the newspapers,
and he then gave no intimation Of his accept
ance. In the meantime, he was called upon by
number Of prominent citizens and solicited to
accept the office, as Otherwise some one might
be appointed who would be far less acceptable
to the people. These solicitations decided his
course, and he took the oath and executed the
bond for fifty thousand dollars, which, with ap-
proved securities, was fled with the proper
officers. His commission had been issued by
the Governor, under the seal of the State. In
this citadel he had entrenched himself, and he
was willing to let those who could battei: down
its walls remove him from it.
MIR. Barker, in reply, said: Your Honor
will believe me when say that it is with no
feelings of pride, but with those Of humilia-
ton, that sit before Judge and hear the in
cumbent Of the sherifalty plant himself upon
the military as the source of his power. He Is
right in supposing that the issue il not with
him; for it will extend to ages yet to come. 1t
is an issue which arose under the Constitution
Of the United States, and that boasted Ameri-
can liberty which we poor Southerners are
charged with violating. Something is due me
when T say that I am not one Of those who,
from motives Of expediency, consent to wit
ness the terrible spectacle Of government de-
stroyed by military power. Your Honor is
the exponent Of constitutional liberty and the
government Of the State Of South Carolina.
Mr.. Hastie is the exponent Of an antagonistic
governments military despotism. II is I'M
possible for your Honor to sanction this union,
and the court cannot pass judgment under
these military laws. As citizen Of the State
+ am bound to support the laws, and will
never participate in such an unholy union as is
now attempted to be forced upon lib. 1t is
better to have pure military law, administered
by pure military appointees, than tho present
mixture, which is calculated to teach Us to
forget all legal obligations, and to yield to tenn
porary expediency and military force
No one can entertain more sovereign con-
tempt than myself for any one who endeavors
to stir up strife in the community. But if, as
officers of the law, we participate, in this
civil-military union, and are not merely
passive, but become agents in pois oning the
fountains Of justice, how can We measure our
responsibilities as citizens Of the State and
officers Of the lawp
What is the legitimate theory by which MIR.
Hastie holds his ofice2 Is it that your Honor
exercises powers not granted by law, and that
the prostitution Of the SEAL records, law aud
Justice is involved in this commission? By
what authority does James L. Orr assume to
be Governor2 lis it not because he claims the
Office, as having been elected by the people un-
der the constitution Of 1866? He would other
wise be no Governor, and would have unlaw-
fn1Iv used the seal. AS the Governor elected
by the people, he had right to ahx the seal
to the paper in question, but nowhere In Law
can governor appoint sheriff. Ile can COM
mission him when elected by the people, but
il the man commissioned is not 30 elected, he
violates the law, and the constitution he has
sworn to support. 1t is some apology that the
paper in question has not been signed by the
Governor in his pretended official authority
but by virtue OF orders received f:om General
Slokles. These are the orders Of his master;
but master whom am sworn not to regard,
and against whom my Office requires me to
protect this State. The paper commissioning
MIR. Hastie is rank treason against the laws
and State of South Carolina, and people will un-
derstand the motives of temporary fear and eI-
pediency that led to its issue. The people may
be degraded, but they cannot be deluded. For
a time the current may sweep away all land
marks OF liberty, but the counter current will
come and show where liberty has been destroy
ed. am, said Mr.. Barker, opposed to all
lnsasures Of expediency, such as taking MIR.
Hastie in the place Of some more objectionable