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

lhc Mackcy House is like an enrngcu
monster, which isylesoid Of all faculties
except revenge and canning. In its dcs-
pefatiqn every precedent is dcspised, and
every rightof the public OF of individuals
is attempted to be trampled upon to So
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
sclt-constitnted body of individuals vino
are cssaying 10 usurp ,he functions Of the
House o. Representatives Of South Caro-
lima, has done many acts which will con-
sign its memory To iufumy in history, but
none come before the people with such
brazcn effrontcry as its action declaring
the Office Of Chief Justice vacant, because
Judge +. j. Moses, ST., is a Professor of
law in the South Carolina University.
The true reason iS. that tlle venerable
Chief Justice has been firm anu .,utspDken
in his determination To administer the
laws OF our State inpartaIly to all men
aud to all parties. The Constitution
Art. ~, See. 8, provides thnt Judges of
the Supreme and Circuit Courts shall
not be allowed any fee or pcrquisitcs 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-
ccpted the law ProfeSsprshp, it was prct-
ty freely discussed IN to whether he had
not vacated hi4 Judg,hip, aud the best
lawyers Of the State held to the negative
It's did almost every Republican in the
State. He has held both positions more
than year, aud the action of the Mackpy
House is too contemplate for comment.
but for the Importance of the move at
tempted by thcnE The Supreme Court
has decided this body Ia be no Hoisc.
and 1t SEEKS revenge by trying to o,ist
the Chief Justice without either the right
to do So. or a causc, if it had the right
The Pro'cssorship is no office, but simply
position. There il no oath of Office
and no qualification fixed by law for IT,
lie has u" commission, and there is no
officer in our government who is not
commissioned under the senl of the State
All officers must come under one Of the
three following classes:
lst. Legislative officers, who are
charged with the enactment of laws, and
VIII" are also given judicial powers in
cases OF impeachment, and have also the
power to judge of the qualification of
their own members. 1t is evident that
tue Profcssorship is not Il Legislative
Office.
End Ministerial officers, who are
charged with the execution of the law ny
made by the Legislative Department
subject to the construction of the proper
Courts. These officers have duties pre-
scribcd by law, aud are commissioned and
required to take MI oath to perform those
duties a Professor does not come
under this class of officers, ns 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.
dirial, and are charged with the construc.
ton OF tie laws. Il Profcssorship cannot
be construed To come under this head,
and hence, rs We have said, it is no office,
and, of course, no disability hns been in
Cured by the Chief Justice in accepting
1t. This unlawful action of the Mackcy
House will, therefore, amount to nothing,
if law is to be respected. 1t is an unlaw
iul body, and is attempting to do an un-
lawful act if it was itself legal House.
The country VII sustain the Chief JUS
tlce. He has acted nobly, and the at
tacks of the robber baud cannot injure
him.