The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-04-13
THE CRISIS IN THE STATE.
ANOTHER NODE OF RELIEF FOR
.s.:Q THE YERS.
Have the People no Remedy Against
the Usurpation and Frauds OF the Leg
Islature Except the Ballot-bo1 and
FORGET. =.
TO THE EDITOR OF THE NEWS.

FOfce .. " -.
TO THE EDITOR OF THE NEWS.
CAMDEN, s. c., April ~.
/ see from your paper that the public mino
Ia greatly exercised upon the important SUBJ
ject Of taxation; and well it may be, for, on the
one side stares us in the face internecine way,
and on the other, looming up as alternative,
confscation and servitude. n. +. r..
Between these two, the man born free, and
who has not become unworthy Of his ances-
tors, cannot hesitate. But is there no inter-
mediate, effective, and peaceful solution OF
this question :? I think there may be, and so
believing, with unfeigned humility I will sug-
cest it for the consideration Of those who, Ike
myself, have a deep concern in the matter.
I fully concur In the conclusion lately an
nounced by the Board of Trade and the
Chamber of Commerce in Charleston but,
With Difference be 1t said, they show US no
certain way out of our trouble.
The real and Inevitable point at which the
taxpayer will be compelled to act, one way or
the other, seems to me to be when the sheriff
shall max hia levy on the property 10 be sold
for taxes. If the citizen shall be then inert
and quiescent, the property will be sold and
bought under the CLEAN of the Federal bay
net and the dark shadow of the ebor militia.
Ifhe should not be thus acquiescent, then the
conflict will begin. 1t Is precisely at this point
that I propose the resort to a lawful and
peaceful remedy.
In the exigency Of our case, the ballot pre-
-A -a-oa- <oo en- at ona ,,ttor1v homo
less If 1t were near-and a constitutional con-
= vention of the whole people Is liable to the
same objections and many more. But be-
lieve that the Judiciary Of South Carolina has,
In this matter, the power to save the State
alike from ruin and bloodshed. It is Its
highest duty to do 80, and let US give it the
opportunity.
Now for the modus operandi. The interval
between the levy by the sheriff and the time
announced for the sale OF property under the
tax execution will afford to the oppressed tax
payer ample time to file his petition before the
circuit court Of his county, for a writ of pro-
hibltlon to enjoin the sheriff. The legislation
under which the levy Is proposed to be made
is null and Void-being without authority OF
the fundamental law of the ~State-being in
contravention and destruction of many OF the
most sacred principles of that grand body OF
unwritten liberties embalmed In the reserved
rights rof the people; and, still further, being
the embodiment Of fraud, resulting from bribe-
~ and corruption.
VIII the court take Jurisdiction Of such q
case. It seems to me 1t cannot help 1t, for the
very allegations of the petition will compel it.
q Noiope will deny that it is,not,only the right,
but the absolute duty, and common practice Of
every court, from the humblest magistrate to
the Supreme Court itself, to pass upon the
!constisnionality of every act Of the Leglsla-
ture when presented for its adjudication.
That all the legislation, out Of which the tax
acts have arisen, or which caused them to be
peeed, was procured by bribery and corrup-
tion, and therefore by fraudulent means, Is no.
~torious, and I presume can be proved.
But will the court take Jurisdiction, investl-
gate andrender judgment in cases containing
such allegations? Whenever fraud is alleged
iu petitions, bills, &c, it. gives Jurisdiction to
the equitable. side Of the court, which will be
bound to hear, investigate and determine.
This is q general rule. But can the court look
into the motives which may have induced the
Legislature to pass any act Again ! ask,
why not Is the Legislature Of South Caro-
lima sovereign? Is It higher and holier than
other Legislatures, or more omnipotent than
the Parliament of Great Britain? And yet we
do know that the courts have annnlled the
grants OF Kings, the acts Of Parllaments and
Of legislatures, on the ground fraud In the
-procurements Of them. Justice Is too pure to
bear the slightest odor Of the faint of fraud
when once scented, will not rest until all
acts are purged Gifts poison:
For the positions have herein assumed, 1
believe 1 can produce, at the proper time, suf-
fcient reason and adequate authority.
Suppose, however, that our judges fall US,
and refuse to scuttle the vile boat which bears
them smoothly on, preferrIng their W ease !
and emolaments to the laws, rights, liberties
and existence Of their country as a Common
wealth, (Which we ought not to assume in adj
vance,J will wehsve lost anything by the mode
Of proceeding l have Indicated? On the con-
trary, we will have gained time; we will have
exhausted, perhaps the peaceful remedies with
in our reach, and We will have done our duty.
But we will not have sacrificed any right, nor
compromised our honor, and will yet have all
other remedies before us.
The BLACK SLUGGARD.
d LIVELY R0W IN 0RANGEBURG.
f.# ir.T.t --
No BOnes Broken.