The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-08-26
A Letter from acknowledgements
GIeaycs in Yindication Of his Inter.

BEAUFORT, S. c., August 16, 1875.
To the Editor of the Neps and Courier:
Ihavc just received a copy of your issue
of the 14th instant, and read the letter OF
his Excellency Governor Chamberlain to
Judge Reed, relative to the case of the
State VS.. Joseph Gibbes and John Smith.
I ask the favor of brief reply.
The afidavits and other papers upon
which my action was based were for.
warded to his Excellency as soon as
learned of his return to Columbia
While I differ with Governor Chamber,
lain in his Interpretation of the law and
the authority of the Lieutenant-Gove
er. am confident, when the records are
published, that whatever the result of the
judicial question raised, my action will
meet public approval. It was case OF
emergency one in which l believed the
Governor was not only constitutionally
disqualified from acting on account OF his
absence from the State, but that 1t was
impossible to lay before him, even by
telegraph to West Brookfield, Massachu..
setts, where his Excellency then was, all
the statements and circumstances which
required immediate consideration. The
afidavits of Rev. Henry Cardozo and Mr..
J. Symmes iailcr, relative to the confes-.
sion of Smith and the eXculpation OF
Gibbes from participation in the murder,
or even being present ut the time 1t was
committed, are much stronger than any
statements 1 have yet seen pub!lshed:-
Smith states that their visit to Mr.. "a
rety's store was for the purpose OF drink
ING and robbery, and that Gibbes lett
with stolen goods before the murder;
that he (Smith) subsequently had some
trouble with Mr.. Garety, and he killed
him. Believing in the principle that
iustic should always be tempered with
mercy. I acted according to the
dictates of my conscience and judgment
in this matter, and changed the punish
ment from death to twenty years IN the
penitentiary.
desire that this question of the au-
thority of the Lieutenant Governor to
act in the absence of the Governor from
the State shall be determined by elthera a
decision of the State Supreme Court, or
by the specific enactment of the General
Assembly. My own construction of the
State Constitution, Article III, Section
-, ard of my oath of office is that was
authorized, and that it was my sworn
duty to act as Governor during such ab-
sence. l also believe that both the letter
and spirit of the constitution arc adverse
to any other Interpretation, otherwise a
Governor of this State may, during his
entire term of office, reside in Maine,
Massachusetts,, or any other State of the
Union, or even abroad, and continue to
perform the duties Of the office, of the
Governor of South Carolina. The Gov
ernor and Lieutenant-Governor of this
State are both elected by the people, take
the same oath Of Office, and are required
to have the same qualifications.
Entertaining these views have en-.
deavorcd, according to my best Judgment
and ability, to conscientiously discharge
the duties of the Office to which L was
elected. :.
III have erred I shall heartily submit
to any correction.
Very respectfully,
+. II. GLEAvEs,
Lieutenant- Governor South Carolina.