Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-01-06
THE JUDICIAL ELECTION.

THE JUDICIAL ELECTION.
: The recent election of Circuit Judges by
the Legislature of this State has produced
storm of Indignation not confined to South
Carolina alone, but extending throughout the
Union. Nor is the spirit Of disapprobation,
so freely indulged, confined to party-the Re-
publican papers fthe North and West speak
ing in as strong terms of condemnation of the
act of elevating Whipper and Moses to the
bench as have any of the most ultra opposi-
ton papers spoken.
Since our last issue, Governor Chamberlain
has issued an official statement, declining to
sign the commissions of Whipper and Moses.
The document is dated at the Executive
Chamber, December 81, 1875, and reads as
follows:
Idecline to sign the commissions Of w. J. Whip
per and +. j. Moses, Jr., elected as Judges ofthe
Circuit Court of this State by the General Assem-
bly, the 10th ult for terms to begin on the 18th
day Of August, 1876. BY the Constitution OF the
State the Judges of the Circuit Court are to be
elected for terms of four years. BY series of ad
Indicated cases in the highest Court OF this State,
extending from 1871 to 1872 it has, in my judg-
ment been determined that officers elected under
provisions of law similar to this provision of the
present constitution are entitled to hold their Of
fees for the full term prescribed by the ConSttu-
ton or laws under which the election is held. 1t
follows that, as the terms of the present incum-
bents of the offices to which the above persons
claim to have been elected on the 10th utimo will
not expire until after another general election OF
members of another General Assembly, the pres
ent General Assembly has not the right to elect
their successors.
While In Gonna o.ses presentinp similar legal
questions, it might not be required of the Cover
nor to decline to issue commissions, the crcum-
stances Of the present ease compel me to this
course. : d. H. CHAMBERLAIN,
Governor Of South Carolina.
Although the Governor hints that the cir
cumstances of the present case compel him to
this course, yet it is the opinion of several le-
gal minds that his ground is tenable in le-
gal point of view, from the fact that the terms
of the present incumbents, Judges Reed and
Shaw, do not expire until after the next gen.
eral election. Should the Judges elect, whom
the Governor declines to commission, not
yield to the demands of the popular sentiment
by declining the honor conferred upon them
by the Legislature, the question will 60 before
the Supreme Court for adjudication on the
points raised by the Governor in his official
statement, which seems to have been prompted
also by the action of Judges Reed and Shaw,
who had previously filed with the Governor
caveats against issuing commissions to Whip
per and Moses, on the ground that they (Reed
and Shaw are the lawful incumbents for four
years from the time they were respectively
elected. The people will applaud Judges
Reed and Shaw for the position they have as
sumed, and the action of the Governor will
be sustained by all right-thinking people, let
the Supreme Court decide the question as they
may.
Already are the people speaking. The
ball was set in motion in Charleston on Tues
day night of last week, and if we mistake not
it will roll as a tidal wave through every
county of the State, protesting in trumpet
tones against the indignity offered to the peo-
pie. The Charleston meeting is said to have
been the largest public assemblage of white
citizens that has been held in that city for ten
years. A marked feature was the enthusiasm
with which the declarations of the determina-
ton, and the power Of the good citizens to re-
deem the State were received, and the vocife-
rous applause with which every word was
hailed that pointed to sustaining Governor
Chamberlain, to the exclusion, at any cost, of
Whipper and Moses from the bench, and to
the maintenance of the rights and privileges of
the colored citizens under the law and the
Constitution.
G. w. Williams was chosen President of
the meeting, and extended remarks, on the
occasion calling forth their action, were made
by Gen. Conuor, j. Adger Smythe, Maj. Ru-
dolph seigling, Col. B. c. Presley, Major
Theodore G.. Barker and others, and amid
deafening applause the following preamble
and resolutions were adopted:
We have assembled to confer upon condition
of affairs grave ever imperiled the peace
and well-being of any community.
The foundation of society is pure Judiciary,
and it's corruption, or perversion to evil purpos.
es, destroys the last hope of securing to people
protection and liberty.
The action of the Legislature, in eecting as
judges, w. j. Whipper and F. J. Moses, Jr., men
whose proper place in courthouse is the crimi.
nails dock, is an insult to every honest citizen and
a violation of every safeguard which the law af-
fords to life, liberty and property.
But this action is not in itself the full measure
of the evil that confronts us. Bad as it is its
graver aspect is in what it signifies.
We recognize in the recent judicial elections the
ascendancy and control of the worst elements OF
the political party which governs the State. Ac-
tuated by a relentless hate based upon race, and
venge," they have repudiated all restraint, and
inaugurated apolicy which inevitably leads to the
destruction of decent government ruins the ma
tera interests of the State, and mperils our very
civilization. Under such a condition of things,
Law ceases to protect, and Government itself be-
comes the oppressor.
What shall we do to avert the destruction which
must surely result from the consummation of the
policy thus inaugurated? &?
Since 1868 the Conservative citizens of this State
have put aside party obligations and the hopes Of
party ascendancy; have put no party ticket in
the field, but have sought and hoped for peace
stability and pure government through the Re-
publican party. They have striven not to antag-
onize, but to harmonze, conflicting races inter-
ests and opinions, patiently waiting to obtain, as
the fruits of their forbearance, the blessings of
good government.
In every form in which the effort could be made
it has been tried, and when, through the wise,
firm and patriotic administration of Governor
Chamberlain, the end seemed about to he obtain
ed, Republican Legislature repudiates the hon.
est efforts of a Republican Governor, impatiently
resents his control, and with arecklessness born
of ignorance and hate, commits the State to a ca
reer destructive of its peace and fatal to its pros
perity. The failure to obtain relief through the
agency of the Republican party Of the State is ut
ter and hopeless.
The responsibilities and obligations imposed
upon us in this emergency must be fearlessly
met.
It is our first duty as citizens, to whom the
character and future of the State is dear, TO ear
nestly and solemnly protest against the action