The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-03-28
,iLCT?TU ~ 1l;E. PEOPLE AND
CONFIRMED BN EIIE

cuo!:na:
WA>i:iEuToE. March s, 1917.
lis Ercc't1;cy Il. b, UGycs, President
Of tie jniici Nt0t"s:
SIR: Your Exr>!icIcy was pleased 10
accord uS al Interview on The III, i'll
slant. al which We had the honor To pre-
sent Il letter iro:U his EX"cllcncv Wade
Hampton. :hc Governor Of the State OF
Soutll Carolina, requesting the Immediate
withdrawal OF the United States troops
now qlal:c.CG in the StatchouSe, at Co
iunhia. IN accordance with the suggGs-
ton of Your cXcrilcncy, that any state
mcut which the un%rrSigtird committee
lc>ir" - present, touching the subject
matter. should properly be in writing, We
respectfully submit the tOtiOwing for the
consideration Of your En- cheney:
!ir-i.-Nn do not represent GuVcrEnr
Hampton IL Il party To q controversy, Tor
We h"iG. rs in duty bound that the juGg-
nIcrt Ut III" t"u:l OF last resort OF Il stale
in Il cause involving no Federal uurSliG:.
bul dr;rr!n:niblc exclusively under the
constitution anl laws Of The State, legally
luirii Ill contention Is 10 tic issues
therein decided. The Supreme Court OF
The United States has established this
proposition as settled law by an Uuhrok-
IN riirruul Of decisions.
That Judgment We have had the honor
To lay before Your EXccllrncv. The title
Of Wade Hampton, Esd, to the Office OF
Governor is derived from his election by
the people, and tho highest judicial tri-
bunAl " the State has Solcmnly affirmed
that title. lie. therefore,, as the Governor
Of the Stale OF South Carolina, addresses
your EXcellcncy, invoking the action of
the President, not for the solution of Il
judicial question. but for the exercise OF
his power as commandments or the
Army OF the United States, to terminate
an Intervention by Federal troops, which
lin'icr> him i'll the due execution Of his
lawful authority as Governor, and sub
ordinatcs the civil 10 the military author
tiles.
Second. We arc informed that it is al
legged in support of the u>urped authority
oT b. ii. Chamberlain, Esq, and for the
purpose of diS:rcditing the decision OF
the Supreme Court, which has adjudgcd
Vale Hampton, Esq, the Governor OF
South Carolina, that II of the two ASSOC
;i;ltc justices who composed the court,
did after concurring III the Judgment and
signing the final order in the cause, before
;hc filing of the same, revoke his sigma.
lure thereto, and did thereby and render
the said order void. The presiding JUS
lice of the Supreme Court, whose opinion
accompanies the letter of Governor
Hampton, has noticed therein, that pre-
tended revocation, as appearing in the
form of Il memorandum, annexed TO 4 pa
per entitled as ''opinion by Associate JUS.
lice Wright but with no signature at
,achcd thereto, which alleged opinion
and the annexed memorandum arc not
i'll the handwriting of the said associate
justice.
His honor 4. J.. Willard, the presiding
Justice in the cause. filed. the final order
therein as the Judgment of the Supreme
Court, Notwithstanding such pretended
revocation.
The so-callcd revocation is clearly with
out legal force to annui the Judgment o
the Supreme Court. The Judgment of :
court of last resort can only be reviewed
by the court itself. The two justices wht
rendered the decision in the cause, ~
stitutc the judicial unit termed the court
Neither. separately, can constitute him
self Il our Of review as to I final order
made by the court IN banc. The jUdg
mcnt is their concurrent conclusion,
The order is the statement of such CON
%~lusion. Not the conclusion Of one jus
,icc, or of the two justices separately, bu'
of the two associated, and constituting
the judicial entity termed the court.
We deem 1t proper to note the undenia'
bic facts that the Supreme Court, whicl
owing to the illness of the Chief Justice
consisted only of the two Associate JUS
tees, adjourned on Tuesday, February
9Th, to meet or the following Friday
and during the said recess Jnstice Wrlgh
signed the memorandum which purport:
to be Il revocation Of his signature affixed
~ thn 3i,n1 ,,,.tnr Of tho fnnrt IN, tho Iui
Of Its adjournment. lie signed the order
February 9th and the alleged revocation
March LIST and since the first named dat
| he has not resumed his scat upon the SUI
prenic bench. He left Columbia March
Sd, and is now absent from the State
While his pretended revocation ann
avail to annul the judgment Of the Su
prclic Court, it yet serves to reveal thu
conspiracy which having but recently de
| fled the authority OF all the Justices q
the highest Court Of the State, now rem
ders it impossible for the Court to proceed
| with the business of the term, by laying
its unclean hand on the erminc Of one 0
its Associate Justices.
Third. The present occupation of thu
state House by United States troops, ani
the attpndcnt Surveillance exercised by
them ver all who enter the building
visit upon the people of South Carolina
most harsh incident of military rule
which. while it tends to discredit all civil
authority, furnishes non of the cOmpcn
mcnt, in the protection of life and prop
crtv, and the due maintenance Of publ,
order.
The uSurred authority thus sustainct
by III exhibition of armed force is essen
tally parasitical, having no sources 0
subsistence within itself, and utterly re
pudiatcd by those who furnish the public
supplies, embracing almost the cntir,
~taN-paying citizenship of the State, ant
the major portion OF lis intelligence ant
moral worth. The Government, on tn,
contrary, represented by Governor Wad,
Hampton, is abundantly sustained by tn,
voluntary contributions Of Il patriot,
people. which are duly applied to th'
maintenance OF the courts, the Asylum
for the Insane, the Colored Orphan Asy
lunn, the ~Pcnitcntiary, the Deaf ant
Dumb Asylum, and all the beneliciarie
of the State. 1t is the only civil authori
ty that governs or can govern in SOutl
Carolina. The pretended authority
which opposes it exists only as an oh
Struction, and is capable Of being vitali
Zcd into III efficient agent for the conduc
OF Il civil ;lulnilllStlatlOll. IL mas not an
present means for its financial support
and is without ven a rcmote cNpcctcncy
for the Supreme Court decided, as early
us December 9th, 1876, that the body
which originated the so-callcd tax act, APP
proved by d. II. Chamberlain, Esq, wa
not, as it claimed to be, the House o
Representatives of the State OF. Soutl
Carolina, but amcre ~asscmblagc of pr
vatc persons.
The opinion of the Supreme Court il
that case was delivered by the Chief JUS
tice, the two Associate Justices concur
ring.
Fourth. Governments are sometime
constrained to violate fundamental prin
ciples, in order to meet again cmergcnce:
and to advance the common interests O
their citizenship, but there is no sucl
consideration Of eXpediency to impel &C
ton adverse to the full exercise, by Gov
ernor Hampton, Of his authority as TIN
duly elected Governor of South Carolina
| His public declarations and acts attes
his purpose, that under his administra
ton the government of South Carolin'
shall "recognize and maintain inviolat'
the rights of ALL and that it will abe
government which submits Loyalty ant