The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-13

iS tnat the people nave elected an lncOm-
petent officer. The same is equally truo
OF the third and fourth grounds of COM
plant. AS to the fifth, the facts are
briefly as follows: Upon o proper com
plant, fled in March, 1874, the County
Commissioners and County Treasurer
were enjoined from paying out my
money to the holders of past due claims
until the further order Of the court. An
order was made calling in the creditors
OF the County and requiring them to
prove their demands before Governor
Bonham, the referee appointed for that
| purpose. At the March term 1875, he
had not made his report, and until TINT
wns done, of course there could be no
distribution Of the funds. An Act of
the General Assembly, approved Dccem-
Der ~, 1873, provided for the levy of n
Tux OF three mills per annum to pay the
past indebtedness of the County, incur
red prior to the 31st dny of October, 1873.
The fund collected under this Act for the
| fiscal year 1873 had been nearly all paid
out before the complaint was filed, and
the principal object Of the suit was to
lmpound future lcvies, and from their
proceeds pay the honest debts of the
County.
Your Excellcncy will observe that the
funds, instead of having been IA long
time in court" have only been there
since last March. About the time of the
adjournment of the last March term, it
was known to me that an Act had been
passed amending the former Act, by en-
tending its provisions to certain class
OF debts incurred during fiscal year 1874.
The amended Act had not then been pub
lishcd, nor had seen copy. I could
not, therefore, know its precise terms.
This involved n modification in the order
OF reference, which could not be made
until the Act was examined. When I
was enabled to make that examination,
1t became evident that the referee would
not have sufficient time to advertise,
under the order, and take proof of the
large amount of Indebtedness ESTIMATED
Mt $50, ,O00) before the then next term of
the court. Hence, the amended order
was not passed until the last juno term.
l fnll to perceive any Inches on my part
in the whole matter.
The sixth ground seems to proceed
upon the idea that not only NIL persons
indicted nrc guilty. but that NIL who were
presented by the Grand Jury arc equally
SO. I need not remind so ACCOMPLISHED
n lawyer rs your Excellency that these
suppositions reverse the snlutary rule of
law; but, were they correct it is submit
ted that no responsibility can rest upon
the court. 1t is not my duty to become
detective, prosecutor, nor solicitor.
have neither the power nor the inclina-
ton to infringe upon any of the depart
ments constituting court of justice.
The duty of judge, MS understand it,
IS to hear causes properly brought before
him, without prejudice, and to decide
without partiality. How can he be inl-
partial IT, for any cause or in my mnn-
ner, he has become partisan?
The seventh ground of complaint
seems to be reflection upon the elect
! ors of TINT County, or ut least a majority
Of them. nm not the general clector
for that or any other County, and, there
fore, have no sort of responsibility for
the lncapncity or vcnality of officials. If
the people elect incompetent or corrupt
officers, it is deeply to be regretted, but
the remedy is educational moral and
political, not judicial.
l infer that the origin Of the com
plants, so far as they affect lac, is the
prescntment Of the Grand Jury. After
| 1t was read in court, | called attcI,tion to
| such portions of it us seemed to contain
reflections upon my official character;
whcreupon Mr.. Dozier, the foreman, cx-
pressed his regret that the language wns
susceptible of such Il construction, and
| stated that the jury had no intention of
criticising me, but that, On the contrary,
he and his fcllow-jurors had the highest
respect for my official conduct-all Of the
Jurors concurring in that statement He
proposed to return to the Grand Jury
room and recast the passages referred to.
That proposition was declined by me,
and the jury was discharged. Some por-
verse or improper motive appears to
have attributed to the Grand jury nh in
tention which they unanimously and in
q marked manner disclnimed.
With reference to the fears for the
peace Of the County, entertained by your
Excellcncy, am far from believing them
unfounded. In my Judgment, it would
be difficult to exaggerate the public or
citement and its possible consequences.
The chief reliance for peaceful and just
solution of the difficulties of that un-
happy County must rest in tho "sobor
sec0nd thought" the integrity, huma-
nifty and discretion of the people them
| selves.
With rar,rI 10 {I,o .rnns,1 kos,~ n..-