The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-01-16
TIE BAN1o OF THE STATE.
The PROCEEDINGS in CoHumbia-Stnteo of
tho Case-Remarks of fIessrs. Hnyne,
Campbell and Corbin.


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TFRoM OUR SPECIAL CORRESPONDENT.
COLUMBIA, S. G., January IA, 186S.-The
State er relasione the Attorney-Gencral OF the
State of South Carolina VS.. the President and
Directors of The Bank of the State OF South
Carolina.
The above controversy is nearing its close.
Messrs. Hayne and Campbell, counsel for the
defendants, arrived here this morning, having
been notified by telegraph that Messrs. Cham
berlain and Corbin, the attorneys for tho State,
would at ten o'clock to-day move Tat day
be fixed for the hearing Of the case before the
Supreme Court.
I can best describe tho situation by saying
that Its all a mudde." First Judge Willard,
in chambers, refused to grant the writ of man
dan,us to compel the president and directors OF
the bank to deliver up to Governor R. &. Scott
all the real and personal estate and other as
sets Of that corporation. Thereupon the at
torneys for the State excepted to the ruling OF
his Honor, for error in law, and carried the
case 10 the Supreme Court. Mex, exception
was taken to Judge Willard himself, on the
ground that having heard tho cause at cham
bers be had presided in an inferior court, and
according to the constitution was thereby dis
qualified from hearing the case ont the supreme
bench. Un the assumption that this view was
correct, the Governor appointed W. 8. Word
ing, one of the tax commissioners, TO sit on the
court in place of Judge Willard, and j. j.
Wright, the colored sepator, was dispatched to
Beaufort to bring Judge Wor ling, but return
ed tc day with the announcement that he could
not come. The Governor then telegraphed for
Judge R. B. Carpenter, OF Orangeburg.
Such was the condition OF affairs at the OPEN
ing of the court this morning. Present-Chief
Justice Moses and Associate Justice Hoge.
Judge Moses made an explanatory statement
that this case was docketed without prejudice
for The 22d day of December, but on that day
the court announced the conclusion that it
would hear no case on the docket. Subse-
uuently the counsel for plaintiffs moved to have
q day fixed for the hearing, but the court do
clined on the ground that council for the de-
PENDANTS had not been notified, but, on the
contrary, had been Informed by bin OF the de-
termination not to take up any case. The
court, however, decided to hear the motion to
take up to-day. In the absence of both Judges
Wording and Carpenter, he woud postpone
the case until tomorrow morning at ten
o'clock.
Judge Hoge ex expressed tho opinion that
Judge Willard would like to hear the question,
and thut it should be argued before full
bench.
MIR. Hayne said that objection would be
made to any other than the regular Supreme
Court consisting of the judges elected by the
Leg islature. That VAS the proper tribunal to
slt in Judgment on the case. and they would
emphatically oppose Its being heard BY any
Judge commissioned specially for the occasion
tion there was no disqualification of Judge
Willard, and consequently there was no ground
for the appointment of special judge. This
was the fist time that the point had been
made before the Supreme Court OF South Caro-
lima, and it was not raised captiously, but in
good faith. Ought not such question TO be
determined by the full bench, and ought NOT
Jadee Willard himself to participate in an ad-
Indication that would bind the court as long as
IL had an existence None OF the disqualify-
ing clauses mentioned in the constitution
could be considered as applying to Judge Wil-
lard, except that which refers to Judge who
has presided in an inferior court: In neither
letter nor spirit could that provision apply in
this case. Not only had Judge Willard not sat
in an inferior court, but he had sat in no court
at all. As one of the Judges OF the Supreme
Court, and by special authority OF the Legisla-
ture, he simply sat in chambers, which was
very different thing from presiding in an TO-
ferior court.
The object of the Legislature, as Indicated
~ itr1fin
was to prevent judges. elevated from the Cir
cult to the Supreme Court, and lawyers, who
might be elected to that bench, from presid-
inp in cases on which they had been previously
engaged. This was eminently proper. But II
it was intended to preclude jud les empowered
10 hear motions at chambers from sitting IN
the Court Of Appeals when the Subject matter tEs
practical effect would be that in order to se-
cure the appointment of o special judge to de-
eide pal ticular cause, the counsel would only
hove to make motion in chambers to get rid
OF the obnoxious judge upon the bonch.
The Chief Justice said he agreed Win mr..
Hayne that this was question which must be
hoard by the Supreme Court, because it was
question which affected the qualification OF
one of it's members.
Mr. Co1bin observed that if it was solemnly
intended to raise this point, tho court. as thon
sitting, was the Supreme Court. and competont
To render decision. Two judges constituted
q quorum. Els associate counsel allI b!tnscif
were ready to meet the issue, and ii aas his
desire to proceed at once.
Mr. Campbell quoted the concluding passage
of Justice Wizards decision: "As L may DE
called upon at somc future time, as q membor
of the Supreme Court, to pass upon the quos-
tion," &C., as proof that he expected to be be
in anticipation oi such contingency. Suppose
the court should 90 on now; they were bound
to hear according to law, and to give judgment
upon every point made in the brief. ,
said. That by tho proposed arrangement we are
to be deprived Of the voice of judgeIof
Judge Wlllarl-as to o violation OF the Constr
tuition of the United States. II your Honors
were to oyerrule his decision OF chambers, and
order the naandanaus, what would become Of q
decision upon a point raised as to the constl-
tutionality OF the law. Your Honors con see
the embarrassment in which it puts the case
when it deprives US Of the judge before whom
we were carried by tho reiator himself. Is it
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