The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-06-11

| tGo dog WAC OOu6 ny ulm rs 0OVeEQOr,
while he was Governor, and could not
have been done II he had not been the
Governor" May! the very precedents
which Judge Grahsal cites as auth or
ity prove his position to bs wholly I'M
tenable.
l. The Supreme Court of the United
States, in the case of Kendall rs. the
United States, decided that the Presi-
dent, Gas far as his power is derived
from the Constitution, is beyond the
reach OF any other department, except
through impeachment. Judge Gra-
ham can hardly contend that the
power of Moses TO steal the State
funds, or to cause them to bs stolen,
is derived from the Constitution"
Iu the case of the State Of Missis.
sippi 0s. johnson, President, the Su.
preme Court Of the United States, as
Judge Graham expressly snys, con-
fined itself to the single question
"whether the Presiden. can be re-
strained by the Court from Carrying
into effect IN Act of Congress alleged
to be unconstitutional No such
question is involved in the inlictm en- t
and trinl Of Governor Moses for lar
ceny; nor does the Supreme Court say
anything which can be- twisted into
having any bearing upon such cuse
~ that Of the Governor OF this State.
8. Nor is the North Carolina deci-
sion any more to the purpose. There
tue object was TO arrest Governor Hul-
| den Tor the alleged unlawful arrest of u
man named Turner, and the Court
decided that the Governor could no,
be arrested 'for alleged excess Of
authority in the performance of what
| the Governor may consider bis .xecu.
tive functions;' aud the Court also
say ''thc question Of tho liability of
the Governor to arrest ior his violation
OF law. in his Individual capacity, Is
not before u.s." This is very like
hosting Judge Graham with his own
petard.
4. The case "f Grier Is Taylor only
decides that il Governor canuot be re.
strained from exercising the official uu.
thority which the laws confer upon
them; and the cpse of the Attorney
General cs. Brown merely decides thut
any power or duty imposed on The Go
vernon by the Constitution or laws
shall be exercised and performed inde-
pendently, and free from the interposi-
ton OF the judicial or any other de-
partment Of the goveruneut. There
Is nothing there that will help Noses
or Judge Graham.
We lave now briefly reviewed the
main points of the decision, and we
have. We think, shown that Judge
Graham bcgs the whos question IN
assuming shat the wrongful act done
by Moses was done by him as Cover.
nor, and that, with evea this vantage
ground, there is no warrant, in his au-
thorities. for his decision. because the
decisions cited by him relate only to
cases where efforts have been made to
restrain tho Executive from exercising
the authority which the Constitution
and the laws gave him. or else to hold
him to account, in the courts, for an
act done by him as Governor, and
which, under the law, he had authority
to do. 1t ia not necessary to follow
Judge Graham, when he blandly sup-
gests that cit the Governor can be
arrested. the Lieutenant. Governor or
other officer who succeeds him can be
arrested. and thus the State be
left absolutely without head. -
The Lieutenant-G cannot be-
arrested. tried aud convicted, unless
he be gnilty OF violation of tho law;
and, fruitful as South Carolina is in
corrupt officials. it WAS hardly to be
expected that both Governor and a
Lieutenant. Governor could he con-
victed and removed before the Novem-
Der election. Aud if the Lieutenant
Governor We're removed. the President
OF the Senate would take his place,
ard he. in like manner, would be sue.
ceeded, if removed, by the Speaker
OF the House of Representatives.. We
desire to speak without prejudioe, as
without heat, but we are constraine ed
to think that. just as novelists fire.
quently begin by arranging their de.
nouements, and then wri;e up to them
and create such persons and events as
will suit, 80 Judge Graham has been
bnsiy engaged, and with very little
effect. in hunting up reasons and
authorities to sustain foregone con-
clusion. which we believe to be as
contrary to law as il is contrary to the
spirit and genius Of republican institu.
tions.
The STATE DENTAL ASSOCIATIONS
The annual meeting of the South Ca.
rolina State Dental Association will be
II n11 NJ, ,; q