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The Remonstrance of Thomas Knox Gordon, Esq., Chief Justice, and Charles Mathews Cosslett, Esq., One of the Justices of His Majesty's Court of Common Pleas, in the Province Aforesaid [MSS. of W. H. Drayton and Council Journals.] In the Council Chamber, Sept. 21, 1774. Present, his Honor the Lieutenant-Governor, the Honorables Thomas Skottowe, John Stuart, Thomas Knox Gordon, William Henry Drayton, Thomas Irving, Esquires. His Honor, the Lieutenant-Governor, laid before the Board the following Remonstrance, which he informed them had been presented to him by Mr. Chief Justice, and Mr. Justice Cosslett, yesterday morning. To the Honorable William Bull, Esquire, Lieutenant-Governor and Commander-in-Chief of his Majesty's Province of South Carolina: Humbly sheweth unto your Honor, that the happiness of his Majesty's subjects does in a great measure depend upon a just, upright, and impartial administration of Justice. That in order (as far as possible) to secure so great a blessing to the people, the King's Judges are solemnly sworn to administer justice, without favor or affection. That the Judges are not punishable for mere errors of judgment, yet there is a constitutional method and form, well known for the removal of such as are weak and insufficient. That there is a like constitutional remedy both for the removal and punishment of such judges as act in their offices, wickedly and corruptly. That it would be unbecoming your Remonstrants to say any thing touching their abilities in their several stations, but they do most strenuously insist upon it, that they have ever acted in their offices, with the purest integrity and most upright intentions, ever making the Rights of the people and the King's just prerogatives the equal objects of their care. That your Remonstrants actuated by these honorable motives, hoped that if they did not deserve much praise, that they would at least escape without censure. But your Remonstrants humbly shew unto your Honor, that in a late publication entitled "A letter from Freeman of South Carolina to the Deputies of North America assembled in the High Court of Congress at Philadelphia," great pains are taken to vilify your Remonstrants, and to represent them as men totally unfit for the offices they hold, and they are directly charged with having judicially determined a point contrary to law and justice; and that not from ignorance, but from a wicked and corrupt motive, to render themselves agreeable to the Crown, thereby wickedly insinuating that our most gracious Sovereign has an interest distinct from that of his people, and would wish his Judges to increase his power at the expense of his subjects' rights. That reflections of this nature, held out to public view, are not only highly injurious both to your Remonstrants and the public, by weakening that confidence the King's people ought to have in his Judges, but have also a direct tendency to raise groundless fears in the minds of his Majesty's subjects, and to alienate their affections from his sacred person. That the said publication is not under the author's real signature, yet from the note in page 6 there is no room to doubt that the Honorable William Henry Drayton, a member of his Majesty's council, and one of the Assistant Judges is the author of it. That your Remonstrants (were it necessary) could easily justify the opinion Mr. Drayton censures, upon principles of law and justice, but they cannot condescend to enter the lists with so impotent a railer. They however cannot help submitting it to your Honors serious consideration, whether a man capable of such a publication is a proper person to serve his Majesty, particularly in the office of a Judge on the same Bench with your Remonstrants, whose characters he has so wantonly, so illiberally, and so falsely traduced. THOMAS KNOX GORDON. CHARLES MATHEWS COSSLETT Upon a late occasion I gave my word and honor that I would not interfere in any matter of complaint relative to the pamphlet above alluded to, I therefore decline signing this Remonstrance. EDWARD SAVAGE Mr. Drayton thereupon desired that he might have a copy of the said Remonstrance in order to give his answer thereto, and that there might be a public hearing of the merits in the matter complained against him. His Honor, the Lieutenant-Governor, directed the Clerk to furnish Mr. Drayton with a copy of the Remonstrance, but inform him he could not permit a discussion of the matter between the Judges before any person but his Majesty's Privy Council, and therefore could not comply with his desire in granting a public hearing. (From Documentary History of the American Revolution, by Gibbes, Volume 1, pp. 39-41) Doc ID: Gibbes, v. 1, p. 039 Date: 9/21/1774 |
Last modified: 7/8/03/CLN.
URL: http://www.southcarolinahistoricalsociety.org/displays/RevWar/archives-online/Gibbes__v__1__p__039.html