The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-06-07

w.
Remarks of the HOla. NJ. w. Gary on
the Appropriation Bill.
Mr.. PRESIDENT AND GENTLEMEN OF
THE SENATE: The line of action that |
have endeavored to pursue as a member
of the Democratic party, has teen first to
secure the political redemption of the
State, through the policy of "straightout
Democracy" and thereby to get control
of the executive, the legislative and Ju-
dicial departments OF the government.
There is no doubt that we have the ex-
ecutive, and with the casting vote of
the President of the Senate, we now have
complete control of tie legislative de-
partment of the government. 1 did my
best to secure the control of the judicial
department, but we were defeated by
our vote in caucus, and the high position
of Chief Justice was conferred by DEM
ocratic General Assembly upon one who
for four years was armed against us, and
one who after the "long roll' had ceased
to beat, persecuted our citizens by ar
rests and imprisonments, some of whom
died of his cruel and cowardly treatment
This office was given to q s'carpet. bag
ger" who was an avowGd member of the
Republican party, by members who were
elected upon "straightout" platform /;
and this election was carried over the
claims of such sons of the State as the
Hon. A. P. Aldrich, who fell in his ju-
dicial career under the shadow of the.
sword, in time of peace. Those who
| instigated and perpetrated the act imita-
ting the redoubtable Falstaff, who stabbed
the dead bodies of his enemies after the
battle was over. He was chosen over the
Hon. w. D. Porter, who for years has
stood the foremost member Of the Charles
ton bar. Over the gallant General Nc
Gowan, who was wounded five times du-
ring the late war, and who was the
second choice of the Democratic caucus
which nominated the present Chief JUS
tice. - !a4 stsa,e - -.
The merits of that knightly and.chiv-
alrous soldier and gentleman, General J.
B. Kershaw, we're made TO play the part
of "a bad third" in this most remarkable
race. He was chosen over the popular
and gifted McIver, who was subsequent
" elected as an Associa,s Justice, as an
antidote to the infectious Chief Justice.
The modest worth of the accomplished,
the pure, honest and profound jurist,
Colonel Carlos Tracy, was also ignored
by this grand rally under tbs flag of the
carpet Dagger from New York. =
NV next objective point has been and
will be to relieve this State from her
fraudulent debt, created by the Republi-
can party, and to relieve our citizens
from the payment of burdensome taxa
ton, which has in the past amounted to
a confscation of their ruined and DESC
late homes under the plan of levying a
tax to support the government and to
pay the interest on the public debt. I
have been informed, within the last ten
days, by Mr.. 7. Castor, the Sheriff of
Edgefeld County, that there are about
1000 tax executions in his Office, for past
due taxes, being about two-ffths of our
entire voting population.
propose, in order to arrive at an en-
lightened Judgment in regard to the debt
of the State, to inquire what it was 'un-
der the administration of Governor James
L. Orr, prior to July 1, 1868. At that
time it amounted to 81, 49S, ,S58.9S, inclu-
ding principal and interest. The con-
tingent liability of the State was 50, 1877
6OS.2O, which was secured by joint mort
cages and other liens sufficient to protect
the State from loss. According to the
Treasurer's report of October 81, 1871,
the aggregate amount of the public debt
was 1851, ,327.35, upon all of which
there was interest past due and unpaid.
In the short space of about three years
and four months, the debt of this State
was increased by the enormous amount
of $11, ,4l2, ,36S37. Of ibis amount it has
been agai,u and again conceded by the
most unblushing Of their party, that ST.
191,700 was fraudulent debt OF this
State. It was admitted in the act enti
tied can act to reduce the volume of the
public debt, and provide for the payment
of the same" passed December %, 1873,
that S. 1865, 900 of bonds, known as con-
version bonds, issued under the act for
the conversion of stocks and bonds,
passed March %, A. D. 1869, were put
upon the market without any authority
of law, and were, therefore, absolutely
null and void.
We next come to the consideration of
those bonds that have been funded or
that are proposed to be funded under the
act of 22d December, 1873, and to ,ascer-
| tain what proportion Of them are fraud
ulent, and have been issued in violation
of the letter and spirit of the laws of the
General Assembly and Of the constitu-
ton Of this State.
The act ce August rs, 1868, authoriz-
/ ing the issue of bonds to the amount of
$500 900; also the act of 26th of August,
1868, authorizing the issue of bonds to
the amount, of S1,250,C00, and those is
sued underiact of February II, 1869, to
the amount of $S99, 000-these bonds
amounting in the aggregate to S2,649,000
are all invalid, because it is expressly
! provided that these bonds should be sold
"at the highest market price by the FL
nancial Agent of the State in the city of
New York, and not less than for q sum
to be fixed by the Governor, Attorney
General and the Treasurer" They were
disposed of without compliance with the
above directions of the law. They were,
in fact, hypothecated without the discre-
tion of the board, and The sale of all was
effected without refersnce to any rate
fixed by the board. /.
The Supreme Court in the case of
Morton, Bliss g. Co. vs. S. L. Hoge,
Comptroller General, x Rich, New Sc
ries, page 430,) refused to allow the At
torney General, who represented the
State, to introduce testimony to estab-
lish the above facts. 1t is admitted that
the act passed on March 13, 1872, enti-
tied can act relating to the bonds of the
State of South Carolina" commonly
called the validating act" was not
passed by a vote even of two-thirds of
the members present, the President of
the Senate deciding in the teeth of article
8, section 7, of the constitution, that it