The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-12-14
THE CHIEF JUSTICESHIP.

IuE CHEEF JUSl1CESHlI.
The Mackey House is like an enraged
monster, which isideyoid of all faculties
exceptrevenge and cunning. In its des-
peratiqn every precedent is despised, and
every right5oof the public orof individuals
is attempted to be trampled upon, to Sc
cure an advantage which the sentiment
of the people of this State tried to over
throw. by the majority given for the DEM
ocratic candidates in November. This
self-constituted body of individuals who
are cssaying to usurp the functions Of the
House of Representatives of South Caro-
lima, has done many acts which will con-
sign its memory to infamy in history, but
none come before the people with such
brazen efrontery as its action declaring
the Office of Chief Justice vacant, because
Judge F. J. Moses, ST., is a Professor of
law in the South Carolina University.
The true reason is, that the venerable
Chief Justice has been firm and outspoken
in his determination to administer the
laws of our State impartially to all men
and to all parties. The Constitution
Art. w, Sec. 8, provides that Judges of
the Supreme and Circuit Courts "shall
not be allowed any fee or perquisites of
Office, nor shall they hold any other Office
of trust or profit under this State, the
United States or any other power" Two
years ago, when the Chief Justice ac-
cepted the law Professorship, it was pref
ty freely discussed as to whether he had
not vacated his Judgship, aud the best
lawyers of the State held to the negative,
as did almost every Republican in the
State. He has held both positions more
than year, and the action of the Mackey
House is too contemplate for comment,
but for the Importance of the move at
tempted by them: The Supreme Court
has decided this body to be no House,
and it seeks revenge by trying to GUST
the Chief Justice without either the right
to do so, or a cause, if it had the right.
The Professorship is no office, but simply
position. There is no oath of Office,
and no qualification fixed by LAW for it.
He has no commission, and there is no
officer iu our government who is not
commissioned under the seal of the State.
All officers must come under one of the
three following classes:
1st. Legislative officers, who are
charged with the enactment of laws, and
who are also given judicial powers in
cases Of impeachment, and have also the
power to judge of the qualification of
their own members. It is evident that
the Professorship is not q Legislative
Office.
2nd. Ministerial officers, who are
charged with the execution of the law as
made by the Legislative Department,
subject to the construction of the proper
Courts. These officers have duties pre-
scribed by law, and are commissioned and
required to take an oath to perform those
duties. A Professor does not come
under this class of officers, as he is not
commissioned, does not take an oath Of
office, and his duties are not prescribed
by law, but are subject to the direction
and control of the trustees and faculty
of the College.
3rd. The last class of officers are Ju-
dicial, and are charged with the construc.
ton of the laws A Professorship cannot
be construed to come under this head,
and hence, as We have said, it is no office,
and, of course, no disability has been in
curreu by the Chief Justice in accepting
it, This unlawful action of the Mackey
House will, therefore, amount to nothing,
if law is to be respected. 1t is an unlaw-
full body, and is attempting to do All un-
lawful act if it was itself legal House.
The country will sustain the Chief JUS
tice. He has acted nobly, and the at
tacks of the robber band cannot injure
him.