The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-06-11
JUDGE GRAHAM AND Gov. Moses.

| Ano OnoA'eosou NeWS ana courier, com
menting on the decision OF Judge Ora
ham, that Gov. Moses cannot be tried
for crime, says:
Judge Graham, guided. as he saws,
"by the light mainly of reason and
such general principles as muy be an
plicabie to the case" has decided tha,
the Court of General Sessions, owe,
which he presides, cannot arrest and
Try The Governor of the State" From
this decision there is, we presume, nc
present appeal, save to the high court
OF public opinion, which both Cover
nors and State Courts may find power.
full enough to vindicate the principle
that no criminal, high or low, Gun, in ii
republican country, defy the law, and
commit felony with i,npunity For, il
Judge Graham is right in his conclu.
sions, +. j. Moses, J.. by the gruce ol
the colored population Governor ol
south Carolina. may be clearly guilty
OF arson, rape and murder, and. never.
theless, cannot be held to account in
the Courts therefor, until he shall have
been impeached and removed from Of.
ice. And impeached and removed by
whom? BY body of men, the majo.
rlty OF whom have the same reasons for
seeking immunity from criminal prose
cution that he himself has; by u ma
lority whose votes have been bought
before, and whose votes, if the induce
ment be Sufficient, can be bought
again. To say that Governor Moses
is not liable TO indictment and trinl
until after imp.ach hment," is, there
lore. to soy that he cannot be reached
by the law at all; for. if there we're so
grent change in the complexion Of
the Legislature next winter ns to MAKE
it probable that he would bo i'm
peached. his Excsilency, F. J. Moses,
Jr. Governor OF South Carolina,
you'd promptly put himself out OF
danger by fleeing from the State. But
it is not on this ground that we chal.
lenee the decision Of Judge Graham US
maulfestly erroneous. We maintain
that Jgdge Graham begs the whole
question, and that, in spite of this,
his prccedeuts do not touch the main
points of the case AZ submitted to hin
by the counsel for the prosecution.
Judge Graham contends that She
"face of the indictment discloses suM
ciently the fact that the acts or conduct
which are there charged as crime
were done by the defendant al Co
vernon. while be was tue Governor.
and could not have been doue ii he
had not been the Governor Now,
'tEe face Of the Indictment, SO far as
1t relates to Moses. is US follows:
THAT the said john L. Humbe.t.
County Treasurer AS aforesaid, x
did. on the said 17th day of February,
1874, at Oraugeburg. in the County
and State aforesaid, fraudnlently, nn-
lawfully aud feloniously take $4,000
national currency, com monty called
grecnbacks, of the value of $4,000, of
the said money so collected from the
taxpayers of the County Of Orange
burg. the said money being the pro-
perty of the State of Soa.h Ca,n,lua.
as aforesaid, and did pay and deliver
tho said Sc, 600 national currency, COM
monty called greenbacks, of the valne
of $4,000, to Thaddeus G. Andrews,
for the use and benefit of the said
Franklin j. Moses, Jr.; and the said
Franklin j. Moses. Jr., did wilful!y,
unlawfnlly aud feloniously counsel and
advise the said John l.. Hnmbert,
County Treasurer rs aforesaid, to CON-
NIT the eaid breach of trust with a
fraudulent intention, to the great da-
mage ot the said State, to the evil ex-
ample Of all others in like manner Of.
Tending against the form of the sta.
tute of the said State in such case
made and provided, and against the
peace and dignity Of the same State
aforesaid"
There is not word or syllable in
the Indictment to bear out the nllega-
ton that the crime there charged was
committed by the defendant "as Go
vernon" We assume that Judge Gra-
ham has confound,d the information
which came to him officially with that
which came to him extra officially, and
We have no objection to explaining the
process whereby the stealing, charged
against Moses. was done. Gov. Moses
entered into an agreement with Sc.
nator Thad. G. Andrews, of Orange.
burg. to buy one-half interest and the
political control Of the Columbia
Union Herald for the sum OF $4,000,
of which SUN S6. 900 were to be paid By
Moses in draft upon the civil contin-
gent fund OF the State. Tho draft was
accordingly drawn, although the appro.
priation for the civil contingent fund
had not yet been made. State Trea-
surer Cnrdo2o endorsed upon the draft
promise to pay the same when the
appropriation should have been made
Treasurer Hnmbert. OF Orangeburg.
Il. 1