The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-12-05

Tho Logislature---the Chief Justiceship.
So far this body has done byt,3isgf'H is Of
sufficient interest-to. utlS$eaders for us tc give
on -exterded notice of. The election of Chief
Justice Of the Supreme Court seems to cause no
little excitement among the savans. Former de-
cisons, in the cases Of Whipper vs.. Reed and
Wright vs.. Charles in both of which it was de-
cided that the constitution made no provision
for electing Judge to fill an unexpired term
of predecessor, but, on the contrary, explicit
ly says: "They (the Judges shall be elected
by q joint vote of the General Assembly for the
rterm Of six years, and shall continue i.s
until their successors arc elected and qualified"
In the absence of any provision for filing the
office under emergency of any kind, when
a vacancy occurs, from death or any other cause
before the incumbent has filled out his full term
! we cannot help believing we did when they
weie rendered, that the decisions in the former
stated cases were right, and there is no discern
able difference between those cases and that of
Judge Wizards. The Legislature will, no doubt,
act justly and honorably in the matter. But in
order that our readers may be fully posted upon
tto the circumstances under which Judge Will
| lard was elected to his prescn: high position.-
| or course it is well known that he was on the
bench, as n Radical, when the Hampton govern
| mcnt was inaugurated, and his election to Judge
Moses position considered by q large mum
Der of our citizens as polite move, at that
| exciting time The Ncrs and Courier in speak
ing of. .the matter very pointedly says:
"' eak plainly, many of the Democrats did
49, Ak that Judge Willapa saoald be trusted
and the2epublica6s regarded hftn as traitor.
When elected, he received cighty-six votes out
of tho one hundred and thirty which were cast.
| Judge Willard knew that there was no thought
of clcctng him for more than the three uneX-
| pired years of the term of Chief Justice Moses
| In fact, he was told, also that he need not ex-
pect reelection Is Chief Justice, hut might be
re- elected if he remained Associate Justice
The reply made was tha, he knew he would not
| be reelected, but he could manage to make q
living in South Carolina when he left the Bench
Is it then becoming for Judge Willard to insist
on technical -r's". if he have it, to remaiu
Chief Justice Tor three or four years more p
Will 1t enhance respect for the Supreme Court
to find the Chief Justice appealing to the Court
| to upold him in retaining an office which he
expected to relinquish ut this time? Judge
Willard puts himself in n false position.
~
sembly cannot deal. The General Assembly is
governed hy the law. Judge Willard should
look beyond this and take in.o account the time,
| manner and conditions of his election. The IN :
dcrstanding Of those who elected him. and of
those who aSScntcd to his election, was that lie
would go out Of Office i'll 1880. If had any 9TH
er notion or intention Mt the time, he %as guilty
| of deliberate deception. This view Of Jalge Will
lard S obligations is strengthened 10y the sgnii-
cant circumstance that the decisions which are re-
lied on by those who contc that there no vacan-
cy to be filled, at this time, were rendered by
the Supreme Court OF which Judge Willard is a
member. In the case of Wright UcrSus Charles,
Judge willard concurred in the opinion of Chief
Justice Moses, and in the case of Whippcr rcr-
sds Reed he delivered the opinion of the Court.
With the -NcirS and Courier we think Jul &c
Willard, in contending for technicality to con-
tinue himself in rs high n position rs Chief JUS
ticr, if he succcclS, will not enhance respect for
the Supreme Court and places himself in an un-
dignilica if not entirely false position. We,
however. cannot forget the important service
rendered hy Judge Willard at the critical time
when Hampton and other officials were Strug
CLING to take possession of the State Offices to
which they had been elected by the people and
required all the judicial and moral assistance
Had Judge Willard, then upon the bench, lis
tened to the Establishments or needed the threats
of the leaders Of his own party and decided
against the democratic candidatcs, no power in
this State could have made Hampton Governor.
The federal government stood ready and aux
ions to sustain Chamberlain, by force, if nee
essary, ard continue Radical rule in the State.
Not even the BALD Eagle" Of Edgcficld, with
all his bold and daring exploits during the cam
pagn, could have saved us.
Wo would not appear ungratcrul to Judge
Willard 81 DO HIM injustice, but VIC do think his
present attitude, if persisted in, will forfeit all
the respect and oblitcrac all the gratitude eater
taincd Tor him by the people.
The latcs: report from Columbia says: The
election Of Chief and Associate Justices is an
event certain III the near future. Few persons
here doubt that the composition of the Court
will he Mclvcr Chief Justice and Wallace and
Haskell Associates.
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