The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-01-14

! military life, he thought it his duty
to defend the principles for which
his State contended and under a con-
srientious conviction Of their rightful-
ness he entered the army and continued
in military service until the close of
| the war, reminder CT which he today
carries upon bis person, having been
severely wounded in battle twice in
the same day.
After the close of this protracted
and frifghtful conflict be found him
self without high titles as soldier,
without means, with q country i'm
poverished, with business at stand
still, with the Courts. the forum Of
| bis ambition and success, closed: the
future dark, uncertain and weli-nigh
| hopeless. But he did not despair. He
wisely concluded that the only course
was to submit, hopefully and cheerful
ly, to the inevitable. He accordingly
( devoted the summer and autumn of
1865 to a careful review of the law,
(his practice having been interrupted
for four years. and when the Courts
were reopened in the spring Of 1886
/ he found himself equipped at all points
and fully prepared for the large and
lucrative practice that Immediately
flowed in to him in the counties of
Chesterfield, Marlboro, Darlington
and Marion. It may be that he was
out of place in political and military
life, but at the Bar he was truly the
master in his own domain. His ad-
dress, his bearing, his industry in
the preparation and the logical present
alton of his case, and his easy elo-
quence. at once placed him in the front
rank of the profession. Hence, when
the State Government, in 1876, passed
once more into the hands Of the in
telligen5 elements Of society, where,
under any system of good government
it rightfully belongs, Mr.. McIyer came
to his own. On the 10th Of May, 1877,
he was elected Associate Justice of the
! Supreme Court of South Carolina, TO
fill out the unexpired term of Mr..
Associate Justice Willard, who had
Just then been elected Chief Justice
to fill out the unexpired term Of Chief
Justice Moses the lately deceased.
The term of Chief Justice Willard as
Associate Justice would have expired
on the 31st of July, 1878. and accord
ingIy at the regular session Of the
Legislature, in December, 1877, Mr..
Justice McIver was unanimously elect
ed Associate Justice for the full term
OF six years, beginning On the lst Of
August, 1878. The term of Chief
Justice Moses, deceased, would have
expired on the 10Th of July, 1880, and
accordingly at the preceding session Of
! the Legislature in December, 1879, an
election was held for Chief Justice for
the term Of six years and Judge Nc
Iver was unanimously elected.
Now began chapter in the life of
Judge McIver which must ever reflect
credit upon him as man and as an
unselfsh patriot. The sight to hold
the election at that time was strongly
disputed by the then Chief Justice,
| willard, who claimed that by virtue
of his election as Chief Justice, in
May, 1877, he was entitled to hold
/ the Office for the full term OF six years /;
to wis, until May, 1888, and that his
| tenure was not limited to the unexpir-
ed term of his predecessor. The Legis-
| lature, however, took a different view,
as the words of the Constitution
clearly warranted, to-wit, that Will
lard was elected and could only hold
Office for the uneXpired term, and
therefore the General Assembly pro-
ceeded to hold the election in Deceul-
Der, 1879, to fill the vacancy that
would occur in the Office Of Chief jus
tice on the 10Th of July, 1880. The
election of Judge McIyer as Chief JUS
tice would, of course, leave the Office
of Associate Justice vacant at that
date; and, upon mature deliberation,
the conclusion was reached that the
Legislature had no power to fill the
vacancy at that time-in advance
which would occur in the Office OF
Associate Justice when he (McLver)
should accept tthe Office of Chief JUS
tice, in August, 1880, which would
then become vacant under the theory
upon which the Legislature had act
ed !; and that, therefore the title to the
Office of one who should then be
elected Associate Justice to fill the
vacancy occasioned by Judge MclVer's
acceptance of the Office of Chief JUS
| Clco, IN august, 1oOO, uiSu1 n0AA oo
questioned. The Validity Of the cleo
| tion as Chief Justice was beyond
question, but the title Of she person
| who should be elected in the place Of
Associate Justice Mclver would not
only be questioned, but would, in the
opinion Of the Attorney General. be
questionable. This, of course, would
| have embarrassed very much, if it had
not thrown an insuperable obstacle in
the way of the proper decision of the
question which it was then Chief JUS
tice Wizards intention to make as to
his own tenure, and which he after
ward did make, unsuccessfully. The
practical question to Judge Mclver
was whether he should, merely for the
additional honor and emolument Incl
dent to the Office of Chief Justice,
expose the State to the hazard Of hav-
ing its most conservative element
the iudiciary-at most momentous
crisis, disorganized, and its author
ity called in question.
To such predicament there could