Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1869-11-12
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Che CON esolu-
tiSns ooff the most complimentary nature We're
adopted unanimously by the legal fraternity
A Acorresponaaat Of fEthe' Z Charleston .couEri>
er,'iwriting from, Newberry, gives an account
Of the Court at That place. from which We
make the following extracts I'D. .,,,,. ~
The special term of the Court of Common
Rleas, whichSwas ordered for this. County in
July last, by Judge Rutland, began here on
the llth'inst!y and is Just drawing to n close
Newberry belongs to Judge Boozers Circuit,
but he has never been here since his election
to the bench, Judge Rutland having held the
two last Courts for him, by orderof the Chief
Justice. The law and Equity Dockcts had
not been rcuched for years. aud the great ac-
cumnlation OF civil cases made it necessary to
have special term for their trial exclusively.
At tthe request Of the bar j Judge Orr consent
ed to hold this Court, and began his labors
here at the time above stated To clear these
dockets were considered an hcrculcan task
but the y Judge hail dispatched the business
rapidly, and hns made nearly clean sweep of
the Law Dockets. On the Issue Docket alone
1 there were about 500 cases. and on the Inqui.
ry Docket many we're not transferred, but were
\ disposed Of on the call of the Natter. Many
of the cases tried were of the most important
character, not only on account Of the amounts
/ in dispute, but because of the principles in.
volycd. N-'' =.
/ The correspondent then furnishes the de.
tails of two important cases, +" in which great
interest was taken, and in both Of them the
Judge delivered charges to tho jury distin
guished fer ability and learning" Th, first
was il suit brought upon note given for ser
vices ns a substitute in the Confederate army
during the war, in which Judge Orr held -
That the act of tn" plaintiff in hiring his SER
vices to unite ii. maki9ggs war, against the Uni
ted States, WAS III illeg!fttact and that no con-
tract could 1s sntorced in the State or FEEDER
al Courts to cohfp psSSi12sate hin for such serv
ccs; that no court could or would enforce any
crntract to recompense citizen for violating
the laws Of, or his allegiance to, the Governs
nent creating such court; that the re estab,
lishmcnt OF the laws Of the United States over
the seeded States anu the supremacy Of their
authority had rendered all acts done during
the war to destroy or to nii and nhct in de.
stroyins the Government Of the United States
or rI resisting its authority, illegal, and ull
contracts to that end void and that the con !,
I tract made by the defendant is not invala
4 ted by reason of anything meriturious in his
conduct he being pn,4icrps rriminis and
ungraciousiy setting up such defence. but
from considerations OF public safety aud poll
! cy to the citizen and Government The Jury
fpllowed the instructions Of the Judge and
found for the defendant. .,..
The other case involved the question as to
when the emancipation proclamation Of Pres
ident Lincoln took effect, in which it was
ruled by the Judge that slavery in the insur-
rectionary States was legally abolished by the
aforesaid Proclamation, taking effect in JaLu
airy, l863-that the subsequent conquest of
these States had a retroactive effect which
rendered that proclamation operative and of
force at that tine.
4 1--WE quote again from the correspondents
J III both of these cases Judge Orr, in his
charge to the jury, discussed the question ct
issue with marked ability Topc ,ing: as they
did upon international Inv, he entered Geld
which was peculiarly suited to his mind to
his habits of thought and trainintfin the
past. He showed himself thoroughly con
versant with the subject in hand, and if ali
o;d.not agree with bhim, those who differed
with rim conceded to him ability aud learn.
ing il ltis argument
'Intthe dis> >,hargc ofhis lqborious duties du.
ring this term, Jadge Orr has sustained the
character of an ublo and enlightened jurist.
by colpmon consent, rui aduistrative talents
have always boon accorded g him, but in the
CSuYtf,ere he hos exhibited tho highest
qualities that nlOrn the bench. An naI'nost
ibtutiye apprehension of the legal points in
yoved In the easss before him, readE appli,
teatlon of general principles "a wonderful apjj
Stitude in annalyzing and simplifying the. most
Esomptoateil questions of lag and fsot~- fell.
E,itousillustratiop of ~priuciplea, and 3 broad
practical common seqae Ijn dealing ~itH tho
atfnirs Of life --al) these traits he has display.
ed nthSlhosty erpjpS1t degraa. } lsut swl,at
has most endapfdd him to tho people has been
his ttnS appttauAbn' Of tho ehsnees which
haye taken place latheiN COP Ijtion, and his
! application of the principles Of Justice to-
/ tbSsa changes while kehas hanajniaiped tho
] mw, he has endeavorod 10 harmonize them
I witlttbe ptiaoiplegof tue statenlansiiip e,E.or
these ,easons hs has wo' shs E9as viz
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