New-York tribune., 1876-11-25
SOUTH CAROLINA.
cANvAssERs CITED INTO COURT

CANNASSERS CITED lNlO tOOhi'
THEY ARE THREATENED WITH INCARCERATION FOR
CoNTEMPT-wHAT THE COURT SAYS OF ITSELF.
COLUMBIA, S. Co. Nov. 24.-The Supreme Court
issued rule to the State and their coun
sci. ID. T. Corbin, this morning, TO show cause why
they should not be attached for contempt in volat-
ing the writ of prohibition issued the 18th inst
and i'm issuing certificates in defiance of the court
the answer was made returnable at p. m. At that
that time United States Disrict-Attorney Corbln
counsel for the board, introduced affidavit ask
ing for further time. The Court stated that II he
would indicate the line of defense or assure the
Court that the canvassers would obey its mandamus
further time would he granted. He would not
do This. and the request was refused. The counsel
for the REALTORS were instructed TO draw the
order but as a recitation of all the proceedings was
required as a preface TO the order to commit the
board for contempt, they requested until tomorrow
morning to file it, The court said they hoped the
board would in the morning obey its mandate, and
purge the contempt; if they do not they will be
committed to Jail.
The counsel for relators then moved that per-
emptory mandamus issue 10 II. +. Hayne, Secretary
of State to issue certificates to all members Of the
General Assembly including the counties Of Edge
field and Laurens in accordance with the order Of
the court of Wednesdays session. Associate Justice
Willard said that the relatOrs out not to pray this Mt
this stage of the proceedings, as Mr. Hayne Is now
in contempt and the court had no assurance that he
would obey as he had disoheyed their mandate
already intimating that the counsel ought therefore
to await the result Of the rule before moving this
ORDER Judge Willard said:
Here we have Just made solemn decision In which IL
f. Hayne Is a party ~ a member OF the Board OF state
Canvassers and Secretary OF the State II the order
in that case-an order directed TO him well as to the
others on the board-had been obeyed this question
woud not have arisen. As the case now stands an incl
dent has In the history Of civilized society
clothed with civil authority Of limited character sub
ject 10 the OF the Ia d. have placed themselves
in defiance Of the highest count In the State OF souh
Carolina and ieopardizng the security OF JUS
tice and the security OF peace They In an attitude
OF defiance not only against abstract Law, but against
its embodiment in this count They have brought p0t
cal death for moment upon the state and upon the ma
tion. They hold in their hands frebrand. and they
have applied IL to the whole structure that covers u.s.
While they are thus standing deyng the Of this
court we are now graycy considering the question OF
issuing another mandate 10 another OF this board
cannot believe that when these gentlemen come TO con-
sider-whcn they tonight 10 ask the favor ana pro-
lection OF their GOd-when they recall the sanctity OF
their oahs OF Office do not believe they viii longer
resist the power this court This court Is clothed
with majesty We do not speak the voice Of men we
speak Judgment and judgment is the voice OF God.
Every legal power win De exhausted by the court TO
force from them what their conscience does not YIELD
and whatever loyalty eay and justice their Is In the
community will be exerted to compel by force what con-
science does not yield. What dOingi What rea-
son have for believing that this order will be obeyed
any more than the othersi What have we 20 be-
leyc that the defiance Will cease 7
We should take into consideration the bearings OF this
question The action Of this board In my opinion, Will
do more call up generous spirit in the people and
forgctfu.ness OF partsanp them 10 unite
the high ground OF Justice and truth than anything that
has been done the history OF the country since It's first
ffiu lis
process will be respoctedF y
The court meets tomorrow at 10 q. III.