The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-22
THE RuIE AGAINST THE AUDITOR.

THE RULE AGAINST TIE AUDITOR.
TIE hearing Of thsrule;agsinst thesAndi-
tor to show cause why he should not turn
over the effects Of his Office, to the County
Commissioners, as recommended! by the
Grand Jury, was. heard on Wednesday
night, the 14th inst, before bis Honor Judge
Cooke. ~ ..ev - i,:r;a
Solicitor Cothran represented the State,
and made fine speech upon the question
presented by the rule showing the Goyer.
nor's right to suspend or remove an Audi
tor, subject to the action Of the Senate at5its:
next session. Heconoluded by saying that
the State would consent. as the Auditor
was enjoined by civil suit, to continue the
rule until that suit was decided. IA
Gen. ]. w. Harrison filed the Auditors
return 10 the rule setting forth that his
term had not expired, and that he had not
been removed or suspended for cause that
he had not. resigned, and therefore his office
was not vacant. Gen. Harrison produced
Gov. Hampton's notice 81 removal, and
contended that if,hs Yas admitted M yte bethe
Governor, this acton Of his was illegal.
The counsel then wandered into declaIna-
ton about the habit of removing men be-
cause they held different political opinions,
and said it was one of the greatest evils Of
the day. He also aninadverted severely
upon appointing men to Office because OF
49,. Il -
political services, and declared thatthe liked
Governor Hayes letter of acceptance be-
cause he promised not to remove men for
their political opinions, and not; toappoint
them on account Of political services He
asked for the rule to be. discharged with
costs.
Judge Cooke announced that he differed
from both counsel as to the proper course
to be pursued, and that he would deliver
his opinion on the next day, which be did
in the following eloquent and felicit0us Ian
guaee. which We give as near in his own
words as we could get them. The opinion,
though brief decides in condensed and
striking manner the points involved. On
account of its sententious comprehensive
ness, we may we'll term the decision rnultum
IN parvo. The Judge said: ...,.....
For the purposes Of the; judgment Of the
Court in this case, do not think it necessa-
ry to find the facts. for they are Of common.
public notoriety, but to deal with the law Of
the case. r,iri
The only objection urged against Wade
Hampton, Esq, being. recognized as the
Governor of South Carolina to-day, is that
the declaration of the.yote cast for Governor
on the 7th of November, 1876, by the Speak
er of the Housepf Representatiyes9was not
made in the presence of the Senate !; that the
Senate should have been present at such
publication of the. votes cast for Governor
and that inasmuchlas the Senate was not.
present. the installation of Wade Hampton
proceeded without authority oflaw. The
difficulty here presented Is suggestive to the
mind, and to say the least that can be said
of the conduct of the Senate it was simply
a bold conspiracy with D. II. Chamberlain,
ESQ.,, to defeat the will of the people. The
conspiracy which here seeks to overthrow
constitutional law, liberty and American
civilization is not the growth of day.
When the heroes of the revolution and the
sages of the thirteen colonies assembled to
lay the foundation of the temple OF liberty
upon the American continent, they were
there to take advantage Of the situation.
How applicable is the language of inspira-
ton, even to that body which framed the
chart of American liberty: There was
day when the sons of God came to present
themselves before the Lord, and Satan came.
also among them" REASONABLE designs
against the government established yhy-our,
foresashers have marked the~history Other
progress down to the present moment.
And if there is no inherent self-executing
virtue in the consti: ution of 1868, we are TO-
~ oh NJ Nr aAF
stripped of her mast and rudder, drifting at
the mercy of winds and each angry wave
upon the auicksands of utter ruin as State.
But such is not our hopeless condition. IT
the letter or spirit of the constitution is to
prevail, and nothing but successful retolu-
tion can prevent, we have all that could
possibly have been provided for the present
contingency. The constitution declares
that the person receiving the highest num-
Der of votes shall be Governor. The Ian
guaye of the constitution is Imperative
ashall be Governor" And the failure of
the Senate to be present when the Speaker
of the House of Representatives declared the
result of the election held for Governor on
the 7th of November, 1876, can in no wise
invalidate what followed, to wit the in
stallation of Wade Hampton, Esq, as Gov
ernor Of the State of South Carolina. It was
the duty of the Senate to be present. 21twas
revolutionary in the Senate to fail stos be
present. A wrong which the Law will not
permit it to take advantage OF. In such
case the constitution executes itself, and to
hold otherwise is but simply to admit the
dinate department Of the State government, !,
might. by its counteractions and revolution
ary conduct, defeat the will of the people for
ali time to come. 1t is folly and madness
to contend for such q doctrine. The en-
phatic declaration of the constitution is that
the person receiving the highest number Of
votes '.shall be Governor" and Wade Hamp.
ton, ESQ, having received Of all the votes
cast majority of L. 1A votes, no protest nor
notice of contest having been filed and he
having taken the oath Of Office as provided
for in the constitution, was properly in
stalled in the office of Governor. on the 14th
day of December. A. ID. 1876. Wade Hamp-
ton, ESQ.,, having received the highest num-
Der of votes cast and having taken the oath
of Office is the Governor Of the State of South
Carolina, and his acts as such must be re-
spected and obeyed accordingly. The re-
for Anderson County is binding and effect
ual. and he cannot longer exercise the duties
of said Office unless reinstated by the Senate
at the next session Of the General Assembly
of this State. The Court holds that the
duties of the County Commissioners require
them 70 look after and akecharge Of the
public property of the County where, from
any reason, it may be without proper GUS
todian, and l will therefore direct the late
Auditor of this County to turn over the pub
lie property in his Office to the Commission-.
ers. He has been properly removed or suy.
pended, and therefore has no right to retain
possession of the property and records. :. To
say that his removal is illegal because he has
done no wrong is as idle as to say that this
bar might meet and levy an assessments
upon the people of the State when Court ad-.
journs and the Auditor would do no wrong,
in entering it upon the books of his office
and proceeding as far as bis duties y extend to
have il collected When. he began the Work
of entering up the assessment made by the
Mackey House he was acting in violation, of
q decision of the Supreme Court, of this