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

was entered upon the Journal of the SEN
ate just before adjournment, against the
passage of bills by that body leYying and
appropriating an exorbitant and uncon-
stitutional tax. The points Of objection
to any such legislation are we'll made and
perfectly conclusive, and tho conse-
quences of 6ersisting in the attempt to
collect such tax arc faithfully pointed
out as disastrous to the public peace and
d fatal step in the direction of anarchy
and ruin: AZ.
AS Senator from the county of Ander-
son, in the conscientious discharge of my
duty, and to protect and preserve tho
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 the passage of
the bills levying tax and appr0priating
the same, and in conformity With section
rs 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 Il 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
sens, without authority Of law, prevented
duly elected members of tho House of
Representatives from: two counties in the
State from entering the State House and
the hall OF the House of Representatives,
ana thus Intentionally and in fact de-
bn.red 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 mcmbers'
certificates prevented, rs l am crcdibly
Informed, other members from entering
the House in time to prevent au illegal,
unconstitutional and partisan organiza-
tion of that body, contrary to the spirit
| and letter of the conslit u.ion and laws of
the land.
2. Because article = of the constitution
expressly provides that the House of
Representatives shall consist of l24 mem
bers, to be apportioned among the several
counties, according to the number of in
habitants in each; and by section IA, Of
"NiS, heJ"ity vi edCu mouse
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 a 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-
iy 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.
! 2. 9sCau6e, tho said members. claim
ing to be lawful House of Representa-.
tives, in order to obtain the requisite
| sixty-three members TO form q legal and
constitutional quorum, have lin my opin-
ior) cdmilted persons who were not cleo
! TED by the people, or qualified to serve an
'ncc'bers, from several counties where
thc 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 2 of the con-
stitution.
4. Because she 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 uuconstitu-
tional House of Representatives..
8. Because the exclusion of memocrs
of the Legislature from Laurens and
Edgetield 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 cx-
pressed consent of the General Assembly.
debarring the duly elected representatives
! u the people and citizens from ingress to
the halls of Legislation. is in violation of
section 2S article of the declaration of
rights ct the SIate constitution.
a. Because, by section 81 of article 2
of the State constitution, "thc 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, body of State
constabulary guarded each door, ard re-
fused admittance to the citizens of the
State and the representatives of the peu-
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 .--.e not originated or been read
three times i'll the House of Representa-
tiyes, as required by sect:ona i8 and II
oi aTticiv z vi the constitution.
8. Because the bills protested against
WI! be presented for approval to person
who has been declared elected Governor
of this State by AL illegal House OF Rep
resentatives, ana his election determined
by the General Assembly in palpable and
open disregard of section i article 8 of
the constitutions.
10. Because the fundamental principle
of popular government, in spirit rs well
rs in letter, recognizes the fact that there
shall be no taxation without representa-
tlon. 1t is, in this case, violated by the
absence from the lower House OF lne
representation OF the people of moro than
one-half OF the counties OF the State, and
the exclusion from the Senate of the rep
resanta.!an i-c:... .h--eec cG:::::::.::cs cG:::::::.::cs
ii. Because, even il the House of Rep.
rcsentaiives was legal and constitutional
body, the taxes proposed are ey oruitant,
unjust and unreasonable, and the appro-
prlations made are, in many cases, ex-
trayagant, uncalled 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,
anu am Ill the more constrained to with
hoid my sanction from them, because
believe that, being without foundation of
law, they must tail OF the purpose ior
which tney are designed, aud so leave
the maintenance Of our educational.
charitable and penal institutions wnuI,y