The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-11-25
SOUTH CAROLINA.
Rule Issued Against the Board Of
State Cauyassers.


COLUMBIA, November 24.-The Su.
preme Court has Issued q rule to the
! State Canvsssers and their counsel, d. +
Corlin, to show cause why they should
not be attached for contempt in violat.
ing the writ OF prohibition issued on the
18th inst, and issuing certifcstesiin de-
| isnce of the court The answer is made
returnsble at 4 o'clock this afternoon.
The court convened at o'clock this
afternoon. In response to the rule issued
al the morning session against the Board
| of Canvassers to show cause why they
should not be attached for contempt OF
court in refusing to obey its mandate, on
| Wednesday, United States District At
torney Cprbin, counsel for the Board, in
troduced an affidavit asking for more
time.
The court stated that if ne would only
indicate the line of his defcnse, or assure
the court that they would obey its man
danus, further time would be granted.
He would not do this and the request WAS
refused.
The counsel for the relators were it,
structed to draw the order, but as re-.
sumo of all the proceedings was required
as preface to the order to commit the
Board for contempt, they requested TIL
tomorrow morning 10 file it. The
Court said that they hoped the Board
would, in the morning, obey its mandate
and purge the contempt, and if they do
not obey will be committed to jail.
r. IL
that permptory msndsmus be issued to
II. z Payne, Secretary Cf State to issue
certificates to all members of the general
assembly, inclnding the counties of
Edgefeld and Lawrens, in accordance
with the order Of Wednesdays session.
Associate Justice Willard said the re.
lstors ought not TO pray this at this
stage of proceedings, as Mr.. Payne was
now il contempt. and the court had no
assurance that he would obey, as he has
disobeyed their mandsmus already, and
intlmating that the counse! ought there
fore to await the result of the rule before
moving in this order.
Judge Willard said We have Just
made solemn decision in which he
Payne is a party as member Of the
board of State canvsssers. and as Secre-
tary of the State If the order in that
case, an order directed to him as well as
the others on the board, had been obeyed
this question would not have arisen. AS
the case now stands, an incident has oc.
Cured that is rare IN the history OF
civilized society. Men clothed with civil
authority of limited character, subject
to the courts Of the land, have
placed themselves, in defiance Of the
highest court in the State of South Car
olina, and are now jeopardIzing the Sc
curity Of justice and tie security Of peace.
They are in an attitude of defiance, not
only against the abstract law, bat against
It's embodiment in this court. They have
brought political death for moment on
the State and Oh the nation. They hold
a fre-brand, and they have applied it
to the whole structure that covers US.
While they are thus standing defying
he power OF this court, We are now
gravely considering the question OF issu-
Ing another mandate TO member Of this
Beard. | cannot believe that when these
1tLLIeuItl CpuIc W IOA .luSIi "uCl NACS
come to night, to ask favor and protec-
ton of their God-when they
recall the sanctity of their oath of
otfica-I do not believe they will
longer resist the powers of this Court.
This Ceurt is clothed with msjesty. We
do not speak the voice OF men. We
speak in judgment, ana judgment is the
voice of God. Every legal power will
be exhausted BY the Court to compel
from them what their conscience does
not yield, and whatever loyalty, feslty
and justice there is IN the
community will be exerted to
compel by force what conscience
does not yield. What are we doing?
What reason have we Tor believing that
this order will be obeyed. any more than
the other? What reason have we 10 be-
lieve this defiance will cease? We should
take into consideration the bearing OF
this question. The action Of this Board,
in my opinion, will do more TO call up
generous spirit in the people, and, forget
ful of psrtisanship, to cause them to
unite upon the high ground ofjustIce and
truth than anything that has been done
in the history of the country since It's
first origin. Has this court any reason
to believe nat its process will be respect
ed.
The court meets tomorrow a. le A. N.