The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-03-02
Anaerspu gatelligeneer,
Impeachments In South Carolina.

wore distinguished alike by rare ability
and spotless purity; upon them not the
shadow of suspicion ever rested. Once
only in the whole history o&the State,
previous to the present time, has i'm
parchment of high judicial functionary
been resorted to, and then the offence was
totally different from those now charged
against Judge Moses.
In January, 1928, charges of habitual
intemperance were brought against Chan
cellor William Dobein James. Chancel-
lor James was hero of the Revolution.
At an early age he Joined Marion's par
tisan corps, and distinguished himself in
the battles of that period. After the
Revolution he became Solicitor OF the
Northern Circuit, and in 1902 was made
Judge of the Court of Equity. In this
capacity he served twenty-five years,
,}when, after the organization of the Sep
arate Court of Appeals in 1894, he was
transferred to the Law Bench. Many
of his DEGREES were we'll written; but
habits of intemperance, that had been
yearly becoming stronger, finally inca
paeitated him for his grave duties, and
he was arraigned before the Senate for
impeachment in January, 1928. A
graphic description of the impeachment
trial is found in Judge O'Neall's "Bench
and Bar of South Carolina"
The Senate satwith closed doors. Col.
ron presiding during the trial The
Hon. William G. Preston, the silver
tonpued orator, appeared in behalf of the
Chancellor, and made brilliant but un-
availing defence. When the vote was
taken, each Senator, on being called, rose
uncovered in his seat, and was asked !:
"What say you? Guilty, or not guilty 2"
He replied placing his right hand upon
his breasts: Guilty, Tor, not guilty. on
my honor" The impeachment was re-
resolved upon, and the day fixed for the
sentence. At the appointed time Chan
.cellor James entered the Senate Cham
Der, leaning on the arm of his counsel.
The President rising in his seat, after o
moments silence, said: William Dobein
James, what have you to say why SEN
tence of impeachment should not be
passed upon you" The moment was one
Of great solemnity. The Chancellor, be-
ing assisted to rise, read the following:
Mr.. President: have served my coun-
try too long not to be sensible of my du-
ty to submit las we'll as I may to this
heavy stroke. I could have wished that
nv old age had been spared this awful
calamity, but Providence has thought
proper to bring me through the varied
and trying scenes of long life to this
bitter period. To the Almighty, and to
Him alone, look for support and con-
ISOLATION. I pray Him to bless and pros
per nv country, which, while she casts
me off. cannot, and trust will not, be
disposed to deprive me fthe consolation
which results from consciousness OF
goodintentions and honest conduct in Office.
This pathetic appeal caused even the
sternest spirits present to yield to their
emotion.
Mr.. Alfred Huger, of Charleston, then
offered a resolution which he prefaced by
most touching address, declaring that
while the law must have its victim, and
had had it, still the altar was bedewed
with the tears of those who had presided
at the sacrifice, The resolution was as
follows:
Rcolucd, That this Court, in discharg-
ing the painful duty imposed upon it by
the State of South Carolina, having
passed sentence of removal from office
upon the Hon. VIM. D. James, feels it
incumbent upon itself, in jus tice to the
said VIM. d. James, publicly to declare
their sincere conviction that his honest
integrity as q man has not been i'm
peached by this sentence, and in consid-
Grafton of this belief, as well as in con-
sideration of his revolutionary services,
they recommend to both branches of this
Legislature that the said w. D. James
be authorized to draw upon the Treasu-
rer of the Upper Division for tho full
amount of his salary appropriated up to
the LIST January, 1929.
The resolution was adopted by an over
whelming vote.
This impeachment of Judge James, it
will be seen, involved charge not of fraud
or corruption, and into his retirement he
carried the sympathy of the people for
his physical weakness.
An attempt was made in December,
lS47, to remove, by an address OF both
houses, the Hon. John S. Richardson,
the senior Associate Justice of the State
and President of the Court of Errors, on
account of "permanent bodily and in
trinity" Judge Richardson had at
tained to the highest sminence atthe bar
and in the forum. But he had reached
the age of seventy years, and complaints
were made of his dilatoriness. On the
18th of December Judge Richardson ap-
peared before the House, and in mas
terly defence so convinced that body of
his full possession and enjoyment of in
tellectual vigor that the motion was dis
missed by vote of "a to 81.
Since Reconstruction, it is needless to
say. the Judiciary has not maintained its
pristine reputation. A movement was
iuaugurated for the impeachment of
Judge Vernon for into1ication, but he
escaped trial by resigning. In 1870 a
Committee of the House, appointed to
investigate charges of misconduct against
Judge Rutland, reported that there were
no specified charges against him; and
the investigation, having probably been
founded in malice, was dropped.
In 1870 an effort was made to remove
Judge Thomas, of the Sixth Circuit, by
an address of both houses, on the charge
that he did not residein his circuit. The
matter was indefinitely postponed. The
next session the matter was revived, and
Judge Thomas was cited before the bar
of the House, on the 14th December,
1871. Here, after reading of that reso-
luton and an address from the Senate,
and the testimony in the case, the whole
matter was indefinitely postponed. The
legislative attacks on Judge Graham and
Judge Carpenter, having been actuated
by race and political prejudice, and
having proved abortive, need not be
mentioned.
It will thus be seen that there has yet
been but one case of impeachmentin the
State. and this for intoxication, in the
case of an individual otherwise highly
esteemed. The present impeachment,
Il 60 -.;thnnH O narallel Mems and