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

was entered upon the journal ofthe SEN
ate just before adjournment, against the
passage of bills by that body levying and
appropriating an exorbitalt and uncon-
stitutional tax. The points of objection
to any such legislation are we'll made and
perfectly conclusive, and the conse-
quences of Persisting in the attempt to
collect such tax 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 the 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 my
reason for voting against the passage of
the bills levying tax and appropriating
the same, and in conformity with section
26 of article of the constitution, ask
that the same be spread upon the journal
of the Senate
l. Because on the day fixed by the
constitution of the State for the General
Assembly to meet and organize, in the
city of Columbia, for a regular session, an
armed force had surreptitiously taken
possession in the night time of the State
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 de-
barred many members from exercising
their 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 members
certificates prevented, as l am credibly
informed, other members 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 2 of the constitution
expressly provides that the House of
Representatives shall consist of 124 mem
bers, to be apportioued among the several
counties, according to the number of in
habitants in each; and by section IA, of
same article, "a majority of each house
shall constitute quorum to do business" "
and when the members claiming to be
the House Of Representatives met and
organized, said House did not have ma
jor:ty 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-
ly 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.
8. Because, the said members, claim
ing to be lawful House of Representa-
tives, in order to obtain the requisite
sixty-three members to form legal and
constitutional quorum, have in my opin-
ion) admitted persons who were not elec-
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-
trarv to section 90 of article of the con-
stitution.
4. Because the body passing the bills
protested against, and claiming to be the
House of Representatives, have been vir-
tually declared by the Supreme Court OF
the State to be an illegal and unconstitu-
tional House of Representatives.
5. Because the exclusion of members
of the Legislature from Laurens and
Edge6eld Counties by an armed force
was, in my opinion, in direct violation of
section 81 OF article l of the declaration
of rights of the State constitution.
6. Because the presence Of an armed
force from day to day, without the ex-
pressed consent of the General Assembly,
debarring the duly elected representatives
of the people and citizens from ingress to
the halls of legislation, is in violation of
section % article of the declaration Of
rights of the State constitution.
z. Because, by section 27 of article 2
of the State constitution, "the doors Of
each house shall be open, except on such
occasions as in the opinion of the House
may require secrecy" when the TACT is,
that from day to day, a 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, is an illegal and
unconstitutional body; therefore it fol
lows that the bills herein especially pro-
tested have not originated or been read
three times in the House of Representa-
tives, as required by sections IL and Il
of article 2 of the constitution.
8. Because the bills protested against
will be presented for approval to a person
who has been declared elected Governor
of this State by au illegal House OF Rep
resentatives, aud his election determined
by the General Assembly in palpable and
open disregard of section article 3 OF
the constitution.
10. Because the fundamental principle
of popular government, in. spirit as we'll
as in letter, recognizes the fact that there
shall be no taxation without representa-
tion. 1t is, in this case, violated by the
absence from the lower House OF lne
representation of the people of more than
ole-half OF the counties OF the State, and
the exclusion from the Senate OF the rep
resentation from three counties.
IL. Because, even il the House of Rep
rcsentatives was legal and constitutional
body, the taxes proposed are exoroitant,
unjust and unreasonable, and the appro-
priations made are, in many cases, ex-
travagant, uncalied for, aud should not
be levied and thus appropriated, IN the
present depressed condition of the State.
For these reasons, 1 enter my solemn
protest against the passage OF these bills,
and am all the more constrained to witn-
holu my sanction from them, because
believe that, being without foundation OF
law, they must fail OF the purpose lur
which they are designed, and SO leave