The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-12-28
PROTEST. OF SENATOR COCHRAN.


We give belSs tic protest Of. Senator.
John r. Cochran, OF this County, which
was entered upon the journal of the Sen.
ate just before adjournment against the
passage of bills by that body levying and
appropriating m exorbitant and uncos.
atitntiotial tax. The points of objection
to any such Legislation are we'll made and
perfectly conclusive, and the conse.
quences of persissing in the attempt 10
collect such tag are faithfully pointed
out as disastrous TO the public peace and
fatal step in the direction of anarchy
and ruin:
As Senator from the county Of Ander-
son, in he conscientious discharge OF my
duty, and to protect and preserve the
constitution and laws Of this State, and
the right of representation of the citizens
from violation and Infringement respect
fully submit the following protest as nv
reason for voting against tho passage OF
the bills levying tax and appropriating
the same, aud in conformity with section
rs of article 2 of the constitution, ask
that the same be spread upon the journal
OF the Senate
/. Because on the day fixed by tho
constitution of the State for the General
Assembly to meet and organize, in the
city of Columbia, for regular session, an
armed force had surreptitiously taken
possession in the night time Of the S.et.
House, and armed sentinels were placed
at the various doors of entrance, and per-
sons, without authority of law, prevented
duly elected members of the House Of
Representatives from two counties in the
State from entering the State House and
the hall Of the House of Representatives.
and thus Intentionally and in fact &c.
b"rred many members from exercising
-neir lawful privilege of participating in
the election of officers and in the organi-
cation of said House. This delay and
hindrance Of the said members and the
time occupied in examining membere'
certificates prevented, rs / am credibly
Informed, other mombers from entering
the House in time to prevent an illegal,
unconstitutional and partisan organiza-
ton of that body, contrary to the spirit
and letter Of the constitution and laws of
the land.
2. Because article of the constitution
expressly provides that the House of
Representatives shall consist of I24 mem
bers, to be apportioned among the several
counties, according t3 the number of in
habitants in each; aud by section II, of
same article, "a majority of each house
shall conRtitute quorum to do business"
and when the members claiming to be
the House Of Representatives met and
organized, said House did not have ma
Jority OF l24 members, only SO members
answering TO their names, as shown by
the journal OF proceedings on that day.
Nevertheless the said members arbitrari.
y proceeded to organize, without regard
| to the constitution, and majority OF
them have since proceeded TO pass the
several bills hereby protested against
without legal quorum.
3. Becau56, tii1 said members, claim
/ ing to be q lawful House of Represents
tives, in order to obtain the requisite
| sixty-three members TO form legal and
| constitutional quorum, have lin my opin-
ion admitted persons who were not cleo
ted by the people, or qualified to serve as
members, from several counties where
| the duly elected members failed, for the
reasons before related, to qualify; this
being done in direct violation and con-
trary to eection 90 Of article 2 of the con.
stitution.
4. Becausa the body passing the bills
proieste1 against, and claiming to be the
Houce OF Representatives, have been vir-
tually declared by the Supreme Court OF
the State to be an illegal and unconstitu.
tional House of Representatives.
8. Because the exclusion of members
| of the Legislature from Laurens aid
Edge6eId Counties by an armed force
was, in my opinion, in direct violation OF
erction 81 Of article of the declaration
OF rights of the State constitution.
s. Because the presence of an armed
force from day e day. without the ex.
| pressed consent of the General Assembly,
debarring the duly elected representative
of the people and citizens from ingress Ia
the halls of Legislation, is in violation OF
| sact;cn % article of the declaration oi
| rigats OF the State constitution.
4. Because, by section u Of article 2
OF the State constitution, "the doors .,
each house shall be open, except on such
occasions as in the opinion of the House
may Eequire secrecy" when the tact il
that from day to day, body OF STATE
constabulary guarded each door, and re.
fused admittance to the citizens of the
State and the representatives OF the peo.
pie.
8. Because the House of Representa-.
tives, IN my opinion, III an illegal and
unconstitutional body; therefore it fol
lows that the bills ierein especially pro.
tested have not originated or been read
three times in the House OF Representa-.
tives, as required by sections i8 aud 2l
/ OF article oI the constitution.
3. Because the bills protested against
wll be presented for approval to person
who has been declared elected Governor
of this State by an illegal House OF Rep
resentatises, aud his election determined
| by the General Assembly in paipable ant
open disregard of section / article 3 O
the constitution.
10. Because the fundamental principl,
OF popular government, in spirit as wei
as III letter, recognizes the fact that there
shall be no taxation without representa-
ton. 1t is, in this case, violated by tht
absence trom the lower House OF tul
representation OF the people of more that
one-haif of the counties OF the State, an,
the exclusion from the Senate of the rep
i I5aoitnsiun iruIu three Counlies.
II. Because, even ii the House of Rep
resentatives was d legal and constitution
body, the taxes proposed are exor6itant
unjust and unreasonable, and the appro
priations made are, in many cases, ex
travagant,l nucalled for, and should no
; be levied and thus appropriated, in th
present depressed condition of the State
For these reasons, enter my solelnt
protect against the passage of these bills
and am all the more constrained to with
l l,..f1