The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-06-24

ct the act relative to. the appointment OF tne
jury commissioners are unusual, and stronger
than In any other act conferrlDg the appoint
ing power upon the Governor.
In the act Of 1870, providing for the ap-
pointment of trial justices, and the act Of
1868, providing Tor the appointment OF audi
tors, county treasurers and assessors, the Ian
guage Is: ''The Governor is hereby author
appoint" &c. And in the act of 1868, Section
| LAG, 1t Is enacted, "If the Senate is not in SEES
sion when a vacancy occurs In any of said
| Offices, then the Governor shall fill such vacan-
cy by appointment, and the officers thus ap-
pointed shall continue In office until the e&-
piration of the next term Of the General AS
sembiy," &c. There Is no provision Of this
kind In the act Of 1871, and a clause OF this
character cannot be added by way ofconstrlc-
ton or implication.
The Legislature must have. intended then,
from making no provision Of this kind, that
the appointment Of jury commissioners
could only be made by the concurrent acts OF
the Governor and the Senate, and that the
/ Governor alone could not exercise the power
act as member of the board OF jury commits
sioners created by the act. But 1t may be
| said, that under the 9Th section Of the act, the
Governor Is invested with the power OF re-
moving the jury commissioners, and by I'm.
plication he is also invested with the power OF
appointment to supply vacancies when the
be conferred by Implication. Such a construc-
ton would be manilestly wrong, and do vio-
lence to all rules prescribed for the construc-
tion of statutes. In other acts the came power
of removal OF officers Is conferredi upon the
Governor, and the Legislature has not left
anything for Implication, because provision
is made in the same acts for filling vacancies
thus created, by comforting In words such
power upon the Governor.
+ 1t may also be said that the jury commits.
sloner of this county received bis appointment
from the Governor, and proceeded to DIS.
charge the duties of his office In good faith IN
accordance with the provision of the jury act,
and that he Is at least a de Jdcto. oficer, and
all his acts as such should be valid and legal,
and recognized by This court. But the act is
by the Senate; and when this fact is brought
to your judicial notice, how can you recognize
him as Jury commissioner, OF. any OF bis acts
as legal? In the act provision Is made for OBJ
lection to any Irregularities In drawing jufies.
up to the time Of rendering the verdict; and
certainly those entitled to make the objection
will contest the. right OF this de. tacto officer to
Jurors in the drawing of. the same must be
made by a full and legal board Of jury COM
pissIoners, and the juries, grand and petit, now.
Id attendance, not having been drawn by such
q legal board, as q whole, they are not legal
juries, and cannot determine cases IN the
Court of General SESSIONS or Common Pleas.
l have been impelled by a sense OF duty, as
acting solicitor, to express nay Judgment and
that Of the members of this bar on this ques-
ton. and thus bring the fact Of the presence OF
no legal juries al this term, to the judicial no
tice Of the court. To proceed with the bust-
ness, when advertised that objection Will De
made on the part of prisoners, would:be ex-
IRENE folly, and increase unnecessarily the
expense OF the county, without subscribing IN
sny way the public interest. l regret that
difficulties are In the way Of dlspatching the
criminal business, when l know 1t Is aecurnr.
lsting here, and the public good may demand
the visitation Of speedy punishment upon
some offenders. ! also regret that prisoners
confRed In jail Will not have the opportunity
of q speedy trial, as they are allowed by the
constitution, and they will suffer the rigor OF
or probably should suffer. But the FAULT
Is net with the court, or myself as
acting solicitor, because we stand ready
and anxious to- discharge our public du-
ties. by giving offenders against the law q
fair and speedy trial. The Legislature OF South
Carolina Is IN fault for not providing US VIII
the means of trying those who should be
been made by that body 20 have legal juries
here competent for the trial OF. cases, and as
:public officers we should not condemn the
guilty OF acquit the innocent except by due
course of law and by the faithful administra-
ton of 1t. Trial by jury is a sacred right guar.
anteed by the constitution to every citizen Of
this State, and 1t Is the duty of the court to
see that every citizen, no matter how humble
or exalted, shall have a trial BY jury according
to law. To act otherwise would be to sane.
tion mob. law, and thus diminish the respect
OF the citizen for the law, and give license to
committed BY the Legislature in its legisla-
lion for the public veal, to that body attaches
all. the blame, and not to the court, the officers
of the court, parties litigant, or the public, II
is my solemn conviction. that there are no lie.
gal jiurles present, aud that we cannot proceed
with the business before the Court Of General
Sessions, aud this is the Judgment OF all the
members OF the bar.
Mr.. Townsend then moved thst the Court Of
General Sessions adjourn sine lie, which mo-
ton was granted.