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

5UDGE CARPENTER RESIGNS.
fudge z. q. Carpenter Carpenter writes from
Washington letter to Governor Hamp.
ton fcslgning the Jadeaship of the Fifth
Oircsiit He claims the legal tite to the
Office, and expresses the belief that his
administration Of ehe law was acceptable
to the people Of his Circuit, but resigns
because he does not wish TO preside over
o people who do not wish him to be their
Judge, and becausc he docs not desire to
produce any discortl in this State. This
is new role for Carpenter to play in,
and every one easily perceiycs 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 q pefsecuted but maguani-
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 cf 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 nbscnting himself from
the State at the time of Edgefcld and
Ricilland Courts? The truth is Carmen.
ter knew he was properly ,lcposed from a
public Office which he had 10 right TO,
and he also knew that the rejoicing of
the people WAS not only for the high
character of Judge Kcrshaw, but also for
the great riddancc they secured in his
removal. Carpenters letter is as fol.
lows
WAsHINGTON, d. e., June 80, 1877.
IL his Erceitcncy Wade HAMPTON, Gor-
ernor of South Carolina:
SIR---I have received information
through the public press that the Lcgis-
latLrc Of South Carolina have resolved
that my election Us Circuit Judge of the
Fifth Circuit by the Legislature prcced-
ing was invalid, ard have proceeded to
elect successor in consequence of the
vacancy thus created.
AS was elected by the concurrent and
unanimous vote of both Democrats aud
Republicans; ns my administration Of
Justice while held this high and rcspon-
sible Office has received the warm, and
have n right to believe, the genuine COM
mendation OF the learned and able bars
of the two circuits over which for some
years have presided, aDd as the rcsolu-
tion of tho Legislature distinctly alleges
lcga! infoEma!ity 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.
l am aware that in the conscientious
discharge of these duties it has been my
fortune to differ with the public convic.
tioHs Of the now dominant party upon
certain questions where both the interests
and passions of the people were deeply
excited, and l can understand their i'm
patience ut differences which seemed to
interpose technical obstacles to the COM
plcte results Of long sought and hard
won political victory.
also appreciate and even sympathize
III the pride and pleasure with which the
people have welcomed the able and con.
scientious gentleman who has succeeded
ne.
cannot, however, acquiesce in the
correctness of this novel construction of
the organic law; q construction which
involves the abroga.ion of plain man.
date ef The constitution by u 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
q supposed political necessity rendered it
expedient: nor can recognize the pro-
prietv of decision made by a tribunal |
void Of jurisdiction, and whose action
without impugning its integrity is GER
tainly partisan. believe TINT am still |
the Judge Of the F;nh Circuit. os the
State of South Carolina, and that nv
successor Is exercising an illegal and
authority. But rs / have no
desire TO ednsinistsE the laws OF the peo-
pie who do not desire me, and as have
no intention to furnish cause of discord,
l place in your hands my formal resigna-
ton as Judge of the Fifth Judicial Cir
suiitoi South CAROLINA.
l know that there .SEes those to whom
this proceeding will appear absurd, but
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 end the people arrive
at the conclusion that the only guarantee guarantee
for order, peace and prosperity is judi
ciary just and brave enough to resist not
only the passions of the people, but the
'nconsiderate and illegal sction of the
other departments Of the government.
l am, sir, very respectfully, your most
Dbedient servant,
r. B. CARPENTER.
Orders were received ut headquarters
Companies II and of The 18th