The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-07-12
JUDGE CARPENTER RESIGNS.

JUDGE CARPENTER RESIGNS.
Judge r. 3, Carpenter writes from
Washington a letter to Governor Hamp-
ton resigning the Jadgeship of the Fifth
Circuit, He claims the legal title to the
Office, and expresses the belief that his
administration of the law was acceptable
to the people of his Circuit, but resigns
because he does not wish to preside over
people who do not wish him to be their
Judge, and because he does not desire to
produce any discord in this State. This
is a new role for Carpenter to play in,
and every one easily perceives his object.
He is an applicant for the position of
District Attorney of South Carolina, and
this letter with its apparent fair tone is
intended to induce the President to look
upon him as pefsecuted but magnani-
NOUS Republican. he is too well known
in this State for this letter to induce any
support from our people. The idea of
his desiring to suppress discord is quite
amusing, for he has shown himself to be
the very embodiment of that quality.
Again, if Judge Carpenter claims to be
Judge, and had learned of the action of
the Legislature through the papers, we
would like to know why he was neglect
ing his duty by absenting himself from
the State at the time of Edge6cld and
Richland Courts? The truth is Carpcn-
ter knew he was properly deposed from a
public Office which he had no right to,
and he also knew that the rejoicing of
the people was not only for the high
character of Judge Kershaw, but also for
the great riddance they secured in his
removal. Carpenters letter is as fol.
lows:
WASHINGTON, D. e., June 80, 1877.
To his Ercellency Wade Hampton, Gor-
ernor Of South Carolina:
SIR have received information
through the public press that the Legis-
lature of South Carolina have resolved
that my election as Circuit Judge of the
Fifth Circuit by the Legislature preced-
ing was invalid, and have proceeded to
elect a successor in consequence of the
vacancy thus created.
As was elected by the concurrent and
unanimous vote of both Democrats and
Republicans as my administration of
justice while held this high and respon-
sible office has received the warm, and I
have right to believe, the genuine COM
mendation of the learned and able bars
of the two circuits over which for some
years l have presided, and as the resolu-
tion of the Legislature distinctly alleges
a legal informality as the only ground of
its action, / am permitted to believe that
no personal charge affecting either the
purity or ability with which my duties
have been performed is implied in this
removal.
/ am aware that in the conscientious
discharge of these duties it has been my
fortune to differ with the public convic-
tions of the now dominant party upon
certain questions where both the interests
and passions of the people were deeply
excited, and can understand their i'm
patience at differences which seemed to
interpose technical obstacles to the COM
plete results Of a long sought and hard
won political victory.
I also appreciate and even sympathize
in the pride aud pleasure with which the
people have welcomed the able and con-
scientious gentleman who has succeeded
me.
I cannot, however, acquiesce in the
correctness of this novel construction of
the organic law; a construction which
involves the abrogation of plain man
date of the constitution by department
of the government inhibited in express
terms by that instrument from all cogni-
zance of the subject, and which does not
seem to have suggested itself to either
the General Assembly or the courts until
supposed political necessity rendered it
expedient; nor can I recognize the pro-
priety of decision made by tribunal
void of jurisdiction, and whose action
without impugning its integrity is GER
tainly partisan. believe that I am still
the Judge of the Fifth Circuit of the
State of South Carolina, and that my
successor is exercising an illegal and
usurped authority. But as I have no
desire to administer the laws of the peo-
pie who do not desire me, and as have
no intention to furnish a cause of discord,
place in your hands my formal resigna-
ton as Judge of the Fifth Judicial Cir
cult of South CAROLINA.
I know that there are those to whom
this proceeding will appear absurd, batI
have had too large an experience of the
bar and people Of the State, too long be.
lieved in the omnipotence of truth, and
the ultimate triumph of public justice
not to feel assured that the time will
come when the propriety of my action
will be recognized and the people arrive
at the conclusion that the only guarantee
for order, peace and prosperity is a judi
ciary just and brave enough to resist not
only the passions of the people, but the
incousiderate and illegal action of the
other departments of the government.
am, sir, very respectfully, your most
obedient servant,
r r CARPENTER