The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1877-03-01
Judge Cooke on HAMPTON.

SHnSe Cnnke on Hampton.
In hearing arule against the County
Auditor of Anderson county, to show
cause why he should not turn his
books ovor to the County Commits
sioners, Judge Cooke rendered the
following decision:
For the purpose of the Judgment of
tho Court in this case, / do not think
1t necessary to find the facts, for they
are OF common public notoriety, but
to deal with the law OF the case.
Tho only objection urged against
Wado Hampton, Esq, being rocog-
nized as tho Governor of South Car,
olina to day, is that the declaration
of the vote cast for Governor on tho
7th of November, 1876, by the Speak
or of the House of Representatives
was not made in tho presence of the
Senate; that the Senate should have
boon present at such publication of
the votes cast for Governor, and that
inasmuch as the Senate was not pres>
ent, the installation Of Wade Hamp~
ton proceeded without authority of
law. The difficulty hero presented is
suggestive to tho mind, and to say
tho least that can be snid of the oon-
duct of the Senate, it was simply q
bold conspiracy with Daniel III. Cham.
borain, E>q, to defeat the will of the
people. The conspiracy which here
seeks to overthrow constitutional la w,
liberty and American civilization is
not tho growth of day. When the
heroes OF the revolution and the sages
of the thirteen colonies assembled to
lay tho 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 inspiration, oven to that
body which framed the chart of Anne.
rioan liberty: "There was day when
the sons of God came to present them-
solves before the Lord, and Satan
came also among them." Treason>
able designs against the government
established by our foretathers have
marked tho history Of her progress
down 10 the present moment.
And ii there is no inherent selE-ex~
ecuting virtue in the constitution of
1868, we are TO day as vessel, with
out chart or compass, stripped Of her
mast and rudder, drifting at the mercy
OF winds and each angry wave upon
the quicksands of utter ruin as State.
But such is not our hopeless condition.
If the letter or spirit Of tho constitu>
ton is to prevail, and nothing but
successful revolution can prevent, we
have all that could possibly have been
provided for the present contingency.
The constitution declares that the
person receiving the highest number
of votes shall be Governor. The
language of the constitution is impe>
rativo-"shall be Governor" And
tho failure of the Senate to be present
when the Speaker of the House of
Representative declared the result Of
the election held for Governor on the
7th of November, 1876, can in no wise
invalidate what followed, to wit: tho
installation of Wade Hampton, ESQ,
as Governor of the State of South Gar,
olina. 1t was the duty of the Senate to
be present. 1t was revolutionary in the
Senate 20 fail TO be present. A wrong
which the law will not permit to take
advantage of. In sncn case the con-
stitution executes itself, and to hold
otherwise ia but simply TO admit the
doctrine that the Senate, one half of a
coordinate department. of the State
government, might, by its counterac.
tions and revolutionary conduct, de~
feat the will OF the people for all 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 high~
est number of votes "shall be Govern.
or" and Wade Hampton, Esq, having
received Of oil the votes cast O major~
itty OF ,l34 voGes, no protest nor no-
tice OF contest having been filed and
ne having taken the oath of Office as
provided for in the constitution, was
properly installed in the Office oil
Governor on the l4th day of Decem,