The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-01-14
Governors NEUTRALITY-SUSPICIOUS..

OF Ulysses the 1st.
Governors nIeasage-Conciude,i.
MODE OF SELECTING COUNTY AUDIT
OBS AND TREAsURERs.- my inaugu-
raj address. cailed attention to the
question of the best mode of selecting
the County Auditors and Treasurers.
My remarks on that occasion have
been understood as a positive recon-
mendation of their election by the
people. Such was not my intention,
nor does my language properly con-
vey that meaning. I intended simply
to bring the question before tho Gene
raj Assembly. My relations to this
question are such at present as posei-
bly, to give mo an unconscious bias in
considering the subject. The impor-
tnnity of applicants. the difficulty Of
obtaining correct end unbiased infor-
nation as to the qualifications of ap-
plicants, and the personal dissAtisfac-
tlon certain to arise, whenever any ae-
lection is made from several candi.
dates, may, am aware, affect my pre-.
sent judgment upon this question, and
l. therefore. leave it, without recon-
mendatiop, to the wisdom of the Gen
eral Assembly.
JUSTICES OF THE PEACE AND CoNsrA-
BLEs. In my inaugural address, re-
commended that the provisions of the
State Constitution, which require the
election by the people in each County
OF "a competent number of Justices Of
the Peace and Constables," should be
enforced without further DELAY. Con.
siderable discussion has since taken
place respecting tue wisdom of that
recommendation. anG I now venture,
in renewing that recommendation, to
present my reasons more fully. The
one all.suff1cing reason why those
officers should be elected by the peo-
pie. reason which should supersede
the Ut oessity of further discussion, in
my judgment, ia TINT such is the posi-. i.
tive requirement. OF the Constitution.
I do not think the general policy or
resnlt of the system, nor especially
any question of party advantage or
disadvantage. has any proper place in
the consideration of this question. I
understand that constitutions are
made to be obeyed and executed. I
understand that this principle applies to
all parts and provisions OF the oonstitu-
tions. I am aware that there ia q certain
latitudinarian rule of constitution, q
sort of Objectionable ''judge. made law"
which enable Courts, at their discre.
ton, y liold that IA statute which says
"shali" only means "may;" but know
OF no respectable authority which per.
mits such rule to be applied to con-
stitutions. All the requirements of a
constitution are mandatory, and if this
particular requirement of our Consti-
tuition can be set aside, then there is
no such thing left, as far as I Gun see,
as constitutional obligation in our
State. The whole question is, there
fore, settled for me by simple refer
ence to the Constitution. But, if this
were q question of policy merely, my
Judgment and experience would lead
me to the same conclusion. 1t il IL
practical impossibility, in my judg-
ment. for any Governor to appoint
$50 Trial Justices, in all parts OF the
State, 30 n. to secure, to IL proper de.
gree. the interests of the people
affected by these appointments. This
impossibiIity becomes moro apparent
when the Governor finds himself sur
ronnded and trammelled in the dig.
charge OF his duty in this respect, 10y
what are considered his obligations to
the political party to which he owes
bis election. The people of the seve-
raj Counties are certainly better quail.
fed to select these officers than any
central appointing power can be, aud
they are more certain to act ia the
spirit OF desire to secure the welfare
OF their local community than any Go.
vernon can be expected to be. Their
knowledge is greater, their interest il
greater, und hence their selections will
be better. 1t Ia sometimes suggested
that if these officers were elected by
the people. th6ir removal, if found un.
worthy. would be too difficult. The
answer is, that the fact of the difficulty
Ia procuring their removal wonld, in
the 6rst place, produce that very can
iion in making the selection which is
needed. But, in the second place,
there need hs M nndne .}elav in nro.