National Republican., 1878-01-30


"ricd roce" instead of by ballot" as, they
allege, the constitution requires, although
the framcs Of the constitution, who might |
be supposed to understand It, elected Judges |
"rira roce' for the last ten years, and no
court or lawyer in the State ever questioned |
IL before.
The Supreme Court hesitated before they |
General GARY, the Democratic Senator
from bloody Edgeficld County, rose in his
scat nbout week ago, provoked by the de-
lay of the court, and offered n resolution de-
claring the judgcships all vacant, alleging
that he wanted get rid of the last Repub-
lcan officer by any means whatever. An
other Democratic Senator, CAMPBELL, from
Charleston, mildly deprecated hasty action.
and, with amusing simplicity, timidly sug-
gested that they should await the decision
of the Supreme Court where the question
was now pending, and not resort to "revo-
lutionary measures" but rely upon "consti-
tutional m cans US 1t was Federal ques-
| ton"
| This provoked smile from the Demo-
Gratis, when General GARY replied that the
motive for his action was the hesitation of
the judges, as he had heard from reliable
source that Chief-Justice WILLARD would
decide in favor Of the constitutionality of
the election, Associate-Justico MCIvER
against, and Associatc-Justice HASKELL
was undecided and that, as the Legislature
had pmoved one Republican judge by the
method he proposed, he did not see why all
could not be got rid Of in the same way.
This brought the hesitating judge to a
quick decision, and two or three days after
he agreed with his Democratic colleagues
and ousted the six judges at one fell swoop.
The Chief.Justicc dissentcd and fled an
able and elaborate opinion. For thus
daring to oppose the immaculate Democ-
racy, Senator GARY has charged the Chief
Justice with corruption, and now seeks his
| removal by impeachment. A committee is
appointed TO Investigate him.
These facts are matters of public record,
and can be seen in the proceedings of the
Legislature since they reassembled on the
10th instant, as reported in The Charleston
Ne'cs and Courier. That newspaper says of
the ousting Of the judges, in an editorial
article of the 23d ultimo, with charming
simplicity: at will not be denied, we pre-
sumo, that If the six judges whose election
is nullified had been Democrats, instead of
being iivc-siXths Republicans there wSlld
have been no recourse to the Supreme
Court for any decision that would inval-
date their election in such manner rs TO
make 1t necessary to elect their successors
Immediately. The avOwed purpose in the
Legislature was to purify the bsnch rs
much us to ascertain and determine the
law, and the Supreme Court was not quick
enough for some impatient souls"
/ The one case tried was considered test
case. The other five judges resigned after
the decision in a ridiculously formal man
ner One Of them-Judge MACKEY-noted
for his wit and irony, says, with fine sar-
casm: There are circumstances which,
transpiring Immediately before the decision
of the court was ndercd, may furnish a
pretext abroad to give to this important
judgment Of the highest judicial tribunal
of the State q political significance, and
therefore express my earnest conviction that
this decision reflects the conscientious judg-
ment of the court, rendered without refer
ence to political parties, in accordance with
its highest convictions of duty" Judge
MACKEY is candidate for reelection.
The two Democratic Supreme Court
judges that rendered the decision state that.
they came to it with great reluctance" 1t
would be curious mental problem to ascer-
certain whether or not the reluctance
was not u consciousness of the unworthy
part they played as judges. And thus
the usurpation is complete-the Governor,
State officers, legislators, and judges are
removed-complete at least, 80 far us the
Democrats can make it in the State. There
is one thing more, however needed to "puri-
iy" matters thoroughly and that is to eject
Messrs. SMALLs, RAINEY, and CAIN from
the seats to which they have been legally
elected by overwhelming majorities in the
national House of Representatives, on the
alleged grounds of intimidation of Demo-
Gratis This WOULD complete matters, as
Hamburg BUTLER has the seat to
which Hon. d. T. CoRBIN has been legally
elected in the United States Senate, and
Senator PATTERSON is prostrated from the
mighty effort of riding two horses going in
different directions, at the same time.
The Democrats of South Carolina seriously
considered the necessity of purifying" the
Presidency by Investigating" President
HAYES out of his office and putting TILDEN
in; but upon mature reflection they have
concluded, with patronizing condescension,
not to do so, as they say President HAYES
serves their purpose by pursuing a Demo-
cratic policy, and, in addition. demoralizes
the Republicans and divides them"
We are requested 20 state with reference to
our notice of the funeral of Col. Andrew X
Long that "tho burial service of the p T..