The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-15
Judge Mackcy on Tax.PoyIur.

In charging the grand jury Of Lancas.
ter County, Judge Mackcy made the fol-
lowing tense and appropriate remarks in
relation to paying taxes to the lawful
government of the State:
In great public emergencies, when
anxiety pervndes the public mind az to
the stability of the government, and ~
To who are its true constitutional repre-
sentatives, it is proper for the Court to
assume NIL of its just responsibilities. and
in the interest of public nm. due admin
istration OF the laws, to determine in the
first place wherever there is q conflict,
,chich is the iatcfui government Of fhe State.
This Court, In case properly before it
has decided tint his Exccllcncy Wade
Hampton in Governor Of South Carolina,
duly chosen and yuahfed--chosen by the
people and qualified by taking the oath
Of office prescribed Ey the Constitution
He shall be obeyed and respected as Gov
error in she due execution Of his office
throughout the limits of the 9th Judicial
Circuit, and as inr AZ the power Of this
Court extends. until its decision ia re-
versed by the Supreme Court of the State,
which 10 the only tribunal vcsted with
authority to sit in judgment upon that
decision. No pretended commission
signed by the pretender d. H. Chamber
lain, after the 14th dnY Of December, 1876,
will be respected within the limits Of this
circuit. The position taken by those who
admit the ciec;i0m of G;;*e.no. H=:::r.::",
u fact his most intelligent advofsaries con-
cede, and yet deny he is the Governor, on
the ground that both Houses were not
present when the vote was published by
the Speaker. il utterly untenable in law
The people have issued their grant AVID
placed upon il their broad seal the
grantee has complied with all the condi-
tinns annexed to the grant. but the courts
are called upon to declare it void because
II small body of men known as the Senate
wnntonly shut their eyes and refused to
vi. @::..;;::;c;es=. the delivery.
The pretended tax levy of the Cham
herlain Legislature shall not be enforced
in this Circuit. The Constitution pro-
vides that als bills for the raising of sup
plies shall originate il the EEs.::as Of Rep
resentatives, but the Chamberlain tax
bill originated in body organized by
the corporal of the guurd in me State
House. ah,. it has been decided by the
Snpreme Court to be without any legal
validity whatsoever. Hence it could not
PoAo q InA oih uCCo'uiuE ~ Ihe Cobstitu-
ti0n. This decision Of the Supreme
Court of the State ia final upon the ques-
tion--binding even upon the Supreme
Court of the United States itself, accord
ing to its own Acknowledgment w.
Warren, 2 Black, U. 8. Supreme Cnurt
Reports. Nor can what is known as the
Hampton tax he enforced in law. 1t is
u voluntary contribution, appealing to
the patriotism of the people and to their
sense Of self-preservation. But he who
refuses to pay this tag Oh the ground that
Hampton is not Governor will not receive
tho protection of this Court against an
execution to collect the Chamberlain tax,
because he is estopped by his conduct
from denying the legality of Chamber
lain's government, and having made his
choice he must pay accordingly.