The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-02-03

tho present supreme court OF tne otate Ill
an opinion delivered by the learned Chief
Justice Moses, has decided case since the
war which settles the law that the pretended
election of Whlpper and Moses is illegal,
unconstitutional, null and void. 1 allude
to the case of Wright VS.. Charles-4th vol.
Richardson's s. c. Reports, New Series.
But why should I waste time to argue the
illegally of Moses and Whippers election.
Chamberlain admits its illegality, and refu-
ses to commission the upright and enlight-
ened justices partly on that ground. He
even knew before the judicial election oc-
CURED that no one could be chosen to sup
plant either Judges Shaw, Reed, Cooke or
Carpenter. Every tyro at the bar who had
ever considered tho subject knew it. Onlya
short while previous to tho sweepstakes
race for judgeships, the question of as to
whether Judge Reeds circuit would become
vacant, and would have to be re-6lled by
the present Legislature, had been discussed
| in the newspapers of the State.
Chamberlain has been practicing lawyer
in South Carolina for several years, and he
must have been both % very successful and
very able practitioner, as he claims to have
earned his fortune at the bar of this State.
Clients are not in the habit Of entrusting
| important causes to unlearned attorneys.
Therefore, in the course of his arduous and
multifarious reading to post himself so well
and in 30 short time on our local laws, he
must have perused some of the many cases
that have been SO long published in our
Reports, which 60 to establish that nc va
cancy exists in either Judge Reed or Shaw's
circuit. But aside from these opportunities
he Is now the law partner of Mr.. Melton,
the Attorney General of South Carolina, 80
called. .......
At the very time that the pending election
of circuit judges was the staple, topic of
kitchen and parlor conversation in Colum-
bia, case (state vs.. Kilcrease) from Edge
field, involving similar principles Of law as
those applicable to the Moses -Whipper elec-
ton, was elaborately argued before the su-
preme Court by Maj. w. T. Gary, who is
one of the profoundest constitutional law
yers Of his. age I ever met. Both Melton
and Wingate, the Governors law partners,
were opposed to Maj. Gary in the case,
which was an important one involving
human life The prisoner stood convicted
of murder, and was appealing for new
trial. Hence, SO thorough ventilation Of
the Law involved must have occurred as
could hardly, under the circumstances, have
escaped the attention of the Governor.
In any event, Carpenter, the bullying
Judge who tried Kilcrease on the circuit,
knew the law involved, and must have
reported to his superior officer, who, on his
return from Greenville, so promptly, SO in
dignantly, so peremptorily refused to COM
mission the brace of worthies, that belief
in his long-standing foreknowledge Of the
illegality of said elections seems irresistible.
But admit that Moses and Whipper are
Judges elect legally, then it becomes the
Governors plain, sworn constitutional duty
to withhold their commissions, because of
their notoriously, glaring illiteracy and in
famous characters The Theory of the con-
stitution is, that as the Governor is the most
exalted officer in the State, in point of power
aud dignity, so he is presumed to be full Of
wisdom and above the suspicion of partiali-
ty, corruption or cowardice in the discharge
of his official functions. The constitution
expressly says that the Governor shall take
care that ''the laws be faithfully executed"
and that he may have good and capable
officers to assist him in executing the laws
faithfully" he is expected and required to
exercise sound discretion in delivering or
withholding the commission of an officer
elect, whether chosen by the Legislature or
by the people. 1t is to prevent VIGOROUSLY
incompetent and corrupt men from filling
public office that every Judicial and minis
terial official of the Commonwealth is re-
ouired to obtain o commission from the
Governor before entering upon official du-
ties.
Now, Whipper and Moses arc such dis
reputable characters; they are SO destitute
of anything akin TO a liberal, general edlca-
ton so ignorant of any special legal knowl-
edge or practice at the bar; so utterly unfit
to help execute the laws faithfully, and dis
pense Justice from tie forum, that were they
legally elect, and were the Governor to de-
liver their commissions he would commit
PERJURY, and could be successfully impeathed
by an honest Legislature for malfeasanee in
Office. It is useless to cite any authorities
on this point. Every elementary treats, on
Law or ethics; every commentary on every
constitution in America, to say nothing Of
the numerous decisions in the reports, sus-
tain it.
However, it is said writ Of mandamus
can be issued by the Supreme Court of the
State to compel Chamberlain to deliver COM
missions to Whipppr and Moses. Such q
writ for such purpose would be just as
illegal and unconstitutional as is the prsten-
ded election of the noble pair to the bench.
The Governor as Chief Executive consti-
tutes one of the coordinate departments Of
the government, wholly Independent Of the
Supreme Court and Of every other authority
in the State, except the power Of impeach-
ment by the Legislature. The Governor
has command Of the militia and of the
whole physical force of the State, because
he is charged with having all the laws fifth
fully enforced. Suppose the Supreme Court
by mandamus were to order the Governor
to commission Moses and. Whipper and he
were 70 laugh at the writ, what would or
could the usurping Court do except stand
with its finger in its mouth in helpless i'm
beciity9 AS it is presumed there is some
physical power in the State to enforce every
writ or law, and as theSupreme Court has no
control over any such power, the absurdity of
to do anything is apparent at once. Are
forgotten while udge-Governor Moses dis
rraced the gubernatorial chair, it WAS at