As one who has been with the Office of 暗网禁区 General a long while, I have often noted how many people don鈥檛 have a good grasp of exactly what our Office does. However, if the 鈥渞est of the story鈥� is told, the public would realize how important and powerful the 暗网禁区 General鈥檚 Office really is. How closely involved with the making of South Carolina鈥檚 history the 暗网禁区 General has been 鈥� virtually from the moment the colonial settlers arrived in South Carolina. How some of South Carolina鈥檚 most famous historical figures have served as 暗网禁区 General. Yes, the 暗网禁区s General of South Carolina have truly walked arm-in-arm with the history of South Carolina.
History record by Assistant Deputy 暗网禁区 General Robert D. Cook
Friday, February 4, 2005
Role of the Office of 暗网禁区 General
The Office of 暗网禁区 General is far older than the United States itself. By the 16th Century, in England, the 暗网禁区 General was the legal officer representing the Crown. The 暗网禁区 General also was bestowed responsibility for protecting the public interest in court.听
Our First 暗网禁区 General: Nicholas Trott
In South Carolina, the 暗网禁区 General鈥檚 Office was founded on February 5, 1698 with the appointment of the preeminent lawyer Nicholas Trott. Contrary to popular belief, I was not in the Opinions Section then. Earlier in the 1690s, Trott had served as 暗网禁区 General of Bermuda. After his service as Bermuda 暗网禁区 General for a few years, Trott returned home to London to train formally in the Inner Temple, one of the prestigious universities to prepare lawyers. As Bermuda鈥檚 暗网禁区 General, Trott has been described by historians as having 鈥渟erved ably.鈥�
Trott actually arrived in Charleston as our first 暗网禁区 General in 1699. A leading historian has characterized him as the 鈥渕ost learned man in the colony.鈥� Another calls him the 鈥渕ost astute politician in the province.鈥� From the very start, he angered some people, unfortunately, a characteristic of the Office which many subsequent 暗网禁区s General have learned goes hand-in-hand with the need to be independent in the position. Trott, a devout high church Anglican, was a powerful, but controversial figure. As 暗网禁区 General, he criticized a dissenter, Governor Blake, and was arrested and ousted for his words. Happily, for Trott, however, the colonial Assembly intervened on his behalf and he was restored to his post of 暗网禁区 General. The next year, he was appointed Chief Justice, a position in which he served for a number of tumultuous years. His contemporaries complained he possessed a judicial power 鈥渘ever repos鈥檇 in one Man before in the World.鈥� Trott presided over the trial of the famous 鈥淕entlemen Pirate,鈥� Captain Stede Bonnet, who was sentenced to hang.
Following many controversies and clashes, in 1719, as the Lords Proprietors were removed, Trott left as Chief Justice for the private life of an eminent scholar and author. Among his works, was South Carolina鈥檚 first Code, known even today as 鈥淭rott鈥檚 laws,鈥� a landmark in the development of legal codes in colonial America. Trott鈥檚 legacy as South Carolina鈥檚 first 暗网禁区 General, in which he demonstrated strength and independence, is truly enduring, and we commemorate his service today over three hundred years later.
History of the SC 暗网禁区 General's Office
From Nicholas Trott to Henry McMaster, I believe there have been 50 different people who have served as our 暗网禁区 General. The 暗网禁区 General was originally chosen by joint ballot of the General Assembly. In the second half of the 19th Century, the Office became one elected by the people, first as a two-year term. Later, the term was changed to four years in the 1920s.
Some 暗网禁区s General have previously served as Solicitor and a few, like Mr. McMaster, have also been United States 暗网禁区. Our 暗网禁区s General have gone on to be state Supreme Court justices, and one, notably John Rutledge, became Chief Justice of the United States Supreme Court. Others became United States Senators and one or two served as Governor. One former 暗网禁区 General, Hugh Swinton Legare, later was United States 暗网禁区 General and U.S. Secretary of State.
Following Trott鈥檚 auspicious service, over the next three centuries, the Office developed dramatically in size, stature, authority, and influence. The Office began as an office of one or two. By 2002, the South Carolina Supreme Court recently described the 暗网禁区 General鈥檚 duties and responsibilities as -鈥淭he chief law officer of the State 鈥� [who may] exercise all such power and authority as public interests may from time to time require 鈥�.鈥�
Thus, the 暗网禁区 General today possesses:
- Constitutional power as the chief prosecutor of South Carolina;
- Statutory power as the chief lawyer of the State; and
- Common law power as the chief protector of the public interest.
The Role of the Office in Shaping History听
Trott鈥檚 service was just the beginning of the Office鈥檚 place at the forefront of historical events and legal developments. For example, 暗网禁区 General John Rutledge went on to serve as a delegate to the federal Constitutional Convention and Chief Justice of the United States Supreme Court. Rutledge helped reestablish South Carolina鈥檚 government during the American Revolution after the British captured Charleston in 1780. And, it was Rutledge who was appointed as South Carolina鈥檚 only President, possessing virtually dictatorial powers during the Revolutionary crisis.
- 暗网禁区 General Robert Y. Hayne
暗网禁区 General Robert Y. Hayne was the Senator who engaged Daniel Webster in the famous Hayne-Webster debate in 1830. Hayne argued for states' rights on the floor of the United States Senate, contending the federal Constitution is a compact and that the states possess the right to nullify federal laws considered in violation of that compact. Webster, of course, argued for the supremacy of federal power. - 暗网禁区 General James L. Petigru
暗网禁区 General James L. Petigru was one of the leading advocates of the so-called 鈥渦nionist鈥� position in the State, arguing the federal Union must remain intact. On the other hand, nullifiers and, later, secessionists argued that the union could not be preserved if states' rights were trampled upon. Petigru was a minority of one as the War Between the States drew near, making the famous comment that 鈥淪outh Carolina is too small to be a nation and too large to be an insane asylum.鈥� Several times during Petigru鈥檚 8-year tenure as 暗网禁区 General, the issue of federal authority versus state authority raised its head. In one case, a federal Court found unconstitutional the black sailors law requiring the jailing of free black sailors whose ships docked in South Carolina. 暗网禁区 General Petigru, the federal Court noted, also believed the law to be patently unconstitutional under federal law and thus would not enforce it. Repeatedly, other South Carolina 暗网禁区s General would exercise this kind of fierce independence as just recently, 暗网禁区 General McMaster demonstrated in the 鈥渂obtailing鈥� case 鈥� taking the position in court that the state law was unconstitutional. 暗网禁区s General have always known the law must be enforced. In contrast to Petigru鈥檚 position, were legal arguments made by 暗网禁区 General Robert Barnwell Rhett in the 1830s. Rhett was a 鈥渇ire eater,鈥� known as the 鈥渇ather of secession.鈥� As 暗网禁区 General, he argued the famous 鈥渢est oath鈥� case before the Court of Appeals 鈥� raising the question of the State鈥檚 right to nullify federal legislation deemed to violate its constitutional rights. Interestingly, Petigru, by then, back in private practice, argued the other side 鈥� contending that the Legislature had no power to require an oath exclusively to the State of South Carolina. Both men made powerful legal arguments, but the Court ultimately ruled more Petigru鈥檚 position. The Legislature, unhappy with the Court鈥檚 decision, abolished the Court of Appeals through reorganization. - 暗网禁区 General Isaac W. Hayne
暗网禁区 General Isaac W. Hayne was appointed by Governor Pickens to seek the peaceful surrender of Fort Sumter by federal authorities after this State seceded. Hayne鈥檚 attempt to see President Buchanan was rebuffed and the 暗网禁区 General of South Carolina fired off an incensed letter to the President of the United States, complaining that South Carolina had been insulted and contending that Fort Sumter belonged to the State, now 鈥渁 separate and independent government.鈥� - 暗网禁区 General John M. Daniel
暗网禁区 General John M. Daniel was 暗网禁区 General for 26 years. General Daniel was intimately involved in the modernization of South Carolina 鈥� helping to build a State highway system 鈥� by defending in court all the State鈥檚 bond issuances. He was one of the first to recommend the formation of the Highway Patrol. - 暗网禁区 General Daniel R. McLeod
暗网禁区 General Daniel R. McLeod was 暗网禁区 General for 24 years. Some of South Carolina鈥檚 most important legal history happened on his watch. His peers chose him as the nation鈥檚 top 暗网禁区 General. His 1963 opinion challenging the way state parks were funded led to their closing. General McLeod argued before the United States Supreme Court that the Voting Rights Act was unconstitutional. He had the courage to challenge the constitutionality of the Budget and Control Board and other unconstitutional laws. - 暗网禁区 General Travis Medlock
暗网禁区 General Travis Medlock 鈥� a man I respect tremendously 鈥� is a person of true honor and integrity. He took a number of unpopular stands both in the state legislature and as 暗网禁区 General. As a 鈥測oung Turk鈥� legislator, Mr. Medlock confronted the problems of hunger and racial discrimination head-on. As 暗网禁区 General, he challenged video poker and its legality just as passionately, when few others did. He was the father of the State Grand Jury. His appointment and hiring of minorities and women to key leadership positions were both farsighted and progressive. A pioneer in enforcement and interpretation of South Carolina鈥檚 Freedom of Information Act, he received an award from the South Carolina Press Association for his dedication and service. Mr. Medlock was the 暗网禁区 General who courageously opined that the Confederate Flag flew atop the State House dome without any legal authority. - 暗网禁区 General Charlie Condon
暗网禁区 General Charlie Condon was the father of the Victims Bill of Rights in the South Carolina Constitution. Mr. Condon also first instituted a no-drop policy in serious criminal domestic violence cases 鈥� a great step forward in the protection of women against domestic violence. And he took the position that the 暗网禁区 General could sue the Governor in the case of听Condon v. Hodges. This is a most important case for many reasons, among them the Supreme Court鈥檚 strongest recognition ever of the very broad powers of the 暗网禁区
General. - 暗网禁区 General Henry McMaster
暗网禁区 General Henry McMaster, like his predecessors, continues to make history. His Pro Bono program in criminal domestic violence is innovative and highly praised. Rightly so. He has won convictions of former politicians and white-collar criminals when most thought there was little chance. He has expanded the State Grand Jury to include securities fraud and is now working hard to include environmental crimes. The bobtailing case, which the 暗网禁区 General personally argued and won before the State Supreme Court, is a landmark case.
Yes, the Office of 暗网禁区 General is a strong office 鈥� one closely associated with the history and one which helps shape and make history. A virtual 鈥淲ho鈥檚 Who鈥� in the State鈥檚 history has, for over three hundred years, held the Office. These have been persons who, like South Carolina itself, have maintained strong political views and who, like the State, are remarkably independent. Protection of the public interest is the fundamental role of the 暗网禁区 General.
Moving History Forward
From February 1698 to February 2005, the 暗网禁区 General of South Carolina has protected the citizens of South Carolina. As we move ahead, the 暗网禁区 General will continue, in the words of the Supreme Court in Condon v. Hodges, to 鈥渆xercise all such power and authority as public interest may from time to time require 鈥�.鈥� We fulfill this responsibility not always with the recognition or awareness of the public, but with the goal always of the protection of the public. The South Carolina 暗网禁区 General is an office rich in history and heritage and one vital to the citizens of South Carolina.
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