The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-08
that will Of itself amount TO levy of
var alfhnnah no acfnal blow has been

that will Of itself amount TO levy Of
war, although no actual blow has been
struck Q. engagement has taken place" ;"
Gentlemen Of the Grand Jury,I have
endeayored briefly 10 define the crime OF
treason, ssd f yoti shdoiiia fiua, after
careful investigation, that an assembly
OF persons lately 80 demeaning them
selves ;u this State as 30 bring tiIcui
within the meaning of the law as given
you by the Court, you will 30 find and
present them for indictment.
Gentlemen of the Grand Jury, | am
fully convinced that the hope Of escaping
punishment greatly encourages the com
mission of crime; especially among the
depraved aud wicked. There arc but few
persons 80 deprsved and lost to every
sense Of social duty to their fellow men
as to commit, for instance, the crime Of
murder wi,' the full knowledge before
hand tina. ,Ie judgment of the law would
certainly oyertake them. Hence the
necessity for prompt and most efficient
discharge Of every duty and power per-
tanning to your Office. A rigid exercise
of those duties and powers will have not
only the effect Of checking the desperate
and wicked from the commission of crime,
bit it will have !, wholesome effect upon
all your County officials. Even they
will take lesson, and learn the importance
of dischnrging faithfully to the public
the duties of their respective offices.
You may rest assured that the failure TO
discharge your consciences fully under
the oath which you have taken, will not
only emboldcn the enemies of law, order,
peace and good government, but perhaps
afford them the opportunity to laugh
when your calamity cOmcth, and render
every laudabl. effort of the Court to sup.
crime Intellectual.
You will remember that you are not to
try the cases handed you by Mr.. Solicitor.
Your duty in that respect is imply to
hear the testimony on the part of the
witnesses for the State, and upon that
YOU are to determine whether or not there
exist probable or reasonable cause to sup
port the Offensc or crime charged in the
| indictment. If YOU should find that the
same is probably or reasonably supported
by the evidence, you vii! return "True
Bill" otherwise, you will return "No
Bill"
1t is necessary that twelve of your
body should agree to make legal find
ing.
You need not examine all the witnesses
sworn and sent before you in any case.
If you should be satisfied from the ex-
animation Of one witness that the offense
or crime charged is probably or reasona-
bly, true, you may stop there and find
True BILL But before you find "No
Bill" it will be your duty to examine all
the witnesses sworn by Mr.. Solicitor.
In conclusion, gentlemen Of the Grand
Jury, most profoundly regret that the
present status of the government in
South Carolina is anything else but desi-
rable. We have two persons claiming
to be the Chief Executive of the State
Gen. Wade Hampton and Mr.. D. H
Chamberlain. If one of these gentle
! men is the Governor, the other is most
certainly not; and for the purpose ol
settling this all-impoitant issue as to the
9Th Circuit, for the present, and until de-
termined by higher authority, the Court
deems it proper to give expression of its
opinion, as at present advised, of the law
as to who is the Governor of the State of
South Carolina. The Supreme Court
having decided that the Mackey House
was not the legal House of Representa-
tives. would necessarily force Mr. Cham
berlain to rely upon his old title to the
Office of Governor-that he holds over
until his successor qualities, &c Let us
see if this position is tenable. Upon ex-
animation of the Constitution, find
that there are three possible contingent
cies under which Gov. Chamberlain
might hold over. First. In the event of
tie in the votes cast for Governor
Second. When there is protest or con
test as to who mas been elected. Third.
Until his successor qualities. Neither of
the frat two contingencies has trans
piree: and as to the third, Gen. Homp-
ton wing received majority of all the
vot cast for Governor, has qualified ;
and .nless the failure Of the Senate to
attend the House Of Representatives at
the time it declared him elected inyali-
dates his right TO exercise the duties of
Governor, he is to-day the Governor of
the State of South Carolina And upon
this point the Court holds that the con-
duct Of the Senate to defeat the will of
the majority of the people as expressed
at the Daiiot-box, WAS revolutionary in
its character; that the unlawful refusal
Of the Senate to participate in the inau-
guration of Gen. Hampton as the Cover
nor elect, canao: defeat his right to per-
form the duties of the Office that the
CONSTITUTION executes itself. That which
should have been done tvas done" The
Court, therefore, recognizing the fact that
Wade Hampton was duly installed as
Governor Of the State of South Carolina
on the l4th day Of December, A. D.
1876, will respect his official acts rs such
throughout the Eighth Circuit, and none
other. Such being the judgment Of the
Court, it would instruct you to make in
quiry and true prescntmcnt of any and
all persons who may be, or attempting, to
perform the duties of any officc as an
appointee OF Mr.. Chamberlain under
commissions Issued by him since the l4th
day of December, 1876, or by virtue of
any commission issued prior to said date,
where notice of removal has been given
by Governor Hampton.
There is but one verdict, and that Ia
Il, IL xs.kx~ y ~