The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1884-11-26
LETTER FROM MIR. BLAKE.
He Replies to- Clerk ZciEIcr and
the press and Banner"
GREENwoop. s. c.. Nov. &c. 1894


GREENwooD, S. c., Nov. 20, 1884.
Euit0rS Messenger:
Tho publication in tho last issue of
the Press dnd Banner, Of what was
Intended by me AZ a private correspond
cncc between Clerk Zeiglcr and MYSELF,
and the comments thereon, reveal a
state of facts to which ] desire to call
the attention of the public. section
1856 of the Revised Statutes, cnacts
thai ut shall be the duty Of the Presid-
ing Judge before whom such officer
shall be tried, to cause Il certified copy
of the indictment to be Immediately
transmitted to the Governor, who shall,
upon receipt thereof, declare, by procla-
nation, his Office vacant
This is the language of the law. ut
shall be done imMcdi0fclY:"' Not af-
nor according to the desire of Counsel,
datorv, and vests no discretionary pow-
or anywhere. In the editorial COM
mcnts, the startling revelation is
made that the Judge "Ordcrcd
the Clerk of Court to hold the
papers until the case had tecn
heard in the Supreme Court, and the
decision had been filed" If that be so,
then the Judge issued two orders, the
one to execute the law, the other to
nullifv it. The public has a right to the
production of this second "ordcr'' of
Court, and the Press and Banner will
do Il public service to produce it; but
until il is produced VIC arc bound to as
sumo that it does not exist. The state
mcnt Of the Press 0Hd Banner, with
ntlt t1ln cnrNrI &c nnt rrficinpi TO hroy Il
the Court with so grave a charge as that
of deliberately intervening to defeat the
execution of the law. Such work as
that is left to s%cheming counsel and
their clients, and just so far AS they sue
coed, to that extent do the people lose
confidence in the courts, and adopt the
alternative Of becoming a law to them
selves. The Press 0un BuNNer char
actcrizcs my letter to Clerk Zciglcr rs
"~threatcning." 1t was not so intended,
nor can it he so construed by any orc,
without design. was merely seeking
the information which | and those who
had engaged nc to formulate the charg-
cs upon which the Indictment and CON
~viction were based, had Il right to ask of
the public officer; to which Clerk Zcig-
Ter made and published his "dignificd
response" that he acted "according to-
his W vi"ws.' was simple enough
to think that he acted according to law,
and confess to a surprise when l found
out my mistake.
The point Of interest to the public is
this-thc law has been disrcgarIed, and
the trial and conviction Of n delinquent
officer treated as n farce, the question is.
where does the responsibility rest ?
Clerk IciSlcr confesses that he acted
~"according to his own views The
Press ami Banner charges it upon
Judge Aldrich, but fails to produce his
'ordcr'' to the Clerk The Solicitor is
charged with giving his Consent" and
even the Governor has written to the
convicted officer, it is said, authorizing
him to proceed with his duties but
neither the letter Of the Governor, nor
the evidence of the Consent" Of the
Solicitor appears. What 4 pretty pic
turc all this presents to the public
while, in the meantime, the law is pro-
claiming. without effect, that its authori
ty shall be obcycd 'Immcdiatelv." Not
lin q hurry to get Tarrant out" as tho
Press ana Banner would have the pub
lie believe, but an unwillingncsS that
the law should be silenccd ut the bid
ding Of any man. whether Judge, So
~licitor, Press und runner, Clerk, or all
combined. W. h. BLAKE.