The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-08-19
A Family Quarrel.

The following letter from Gov. Cham
berlain to Judge Reed shows that the
action Of the Lieutenant-G Governor in at
tending to some of the gubcrnatorial
functions which the Governor did not
mean to be affected by his recent tempo
rary absence will have to be tested in the
Courts. The question presented is nice
one, and as it only involves little fami-
ly quarrel between two leaders Of the Re-
publican party we can we'll afford to look
on in amusement. The Governor will
also find many other things connected
with the States interests that have got
crooked. We hope he will look after
them as we'll as the conduct of the Lieu
tenant-Governor. This letter is, how
ever, cool piece of arrogant imperti-
nence. We would like to be informed
where the Governor gets any right or
precedent to instruct Judges as to what
his opinion of the law is. He is simply
an executive officer, and can only carry
out the law as laid down by the Courts.
He has forgotten that he is the servant
and not the master of the judiciary, and
if the action of Gleaves was officious, this
letter to Judge Reed is certainly as un-
called for, meddlesome and inexcusable,
for it is entirely without the scope of his
authority:
STATE OF SOUTH CAROLINA,
EXECUTIVE DEPARTMENT,
COLUMBIA, S. c., Aug. 13, 1875.
Hon. j. p. Reed, Judge First judicial
Circuit, Charleston, S. C-DEAR SIR:
At the June term, 1875, of the Court of
General Sessions for Charleston County,
Joseph Gibbes and John Smith were
convicted of the crime of murder and
sentenced to be hanged on the 30th June,
1875. I now learn that during my re-
cent temporary absence from the State, the
Lieut.-Governor, Hon. R. H. Gleaves,
has assumed the authority to commute
the sentence of Joseph Gibbes, as above
stated, to imprisonment in the peniten-
tiary for twenty years, and that in conse-
quence of this action of the Lieutenant
Governor, the execution of Joseph Gibbes
did not take place on the day fixed by
you and has not yet taken place. Ihave
no information of any kind in regard to
this matter except what have observed
in the newspapers, no order or copy or
notice of the order of the Lieutenant
Governor having been sent to this office.
Joseph Gibbes, assume in the absence
of official information, is still in the Jail
at Charleston.
The action of the Lieutenant Governor,
as above stated, is, in my judgment,
wholly without authority of law and
hence null and void, and my purpose in
addressing you at this time is to call your
attention TO what consider the necessity
of action on your part, if you agree with
me in regarding the action OF the Lieu
tenant-Governor as unauthorized and
void.
1t is proper to add, that at the time of
leaving the State, | informed the Lieu
tenant Governor by letter of my proposed
absence, and that I should be in direct
communication with my Office in case
any necessity for the official action of the
Governor should arise.
You will remember, also, that the ques-
tion of the right of the Lieutenant Coy
ernor to act as Governor during the tenn
porary absence of the Governor, was
directly involved in the recent case of
Hardee and Bunch in Charleston. In
those cases, however, the action of the
Lieutenant Governor extended only to
the postponement of the execution of the
sentence. In the present case it extends
to the change of the sentence and in
wolves the right to exercise all the power
of the Governor. 1t presents a case,
therefore, which compels me to seek a
judicial determination of the question in
volved, and to this end beg to call your
attention to the case, and to say that in
my judgment your Honor should regard
the action of the Lieutenant-Govcrnor
as null and void, and proceed to enforce
upon the said Joseph Gibbes the sentence
of your Court, subject to such action by
the Executive as he may take whenever
the case may be submitted to him for his
action. Very respectfully, your Honor's
obedient servant,
D. H. CHAMBERLAIN,
Governor,