The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-22
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Ihe tegTi5ty oi f4@ 81 se3e eFeieG tie sdi-
tor 70 chow cans2 1kx be sbSusS nSz fs,rn
ovss che easrss OF hts uflaes to sAs County
casnlnies.n..eez ns. zaAenms.saaa ks the
Grand Jury, Wesi heard on wednesday:
niSai, siis asiv1y aia Tpppx = Jg5e -
Cooke. Ii, II ~, I, t,.'.t
Solicitor cot;asss. represented the state,
and made fne speech upon the epss,ios
presented by the rule, shoaif3J- die .!SiaSsTs
nors right TO suspend or remove an Audi
tor. ertt3sect to the atslei of the Genale aAisa1
next session. Hecon0lpdsa byI saying jtllss
the etate would cppaeae,, a. the Auditor
was enjoined by civii suit, 70 GO teSohtinM1e tbs
rulc until that suit was decided. q .nojS
Gen. J. W. HasEisoa tfilai tia &pdit6te
return 10 tho rule, setting forth that his
term had not expired, and tha: he had not
been removed or suspended for cause that
he had not teaisned, aud therefore hippalse
was not vacant. 0en. zfGFsison produced
Gov. Hampton's NOTES a removal, and
commended tsaat ifhs YES sdnittedsp bethe
Governor, t,sss aetkpa II Is sssss@wssss 8 6 ii.egai.
The counsel then ex1adsrc Into deoia.na-
tion about the habit OF removing men be-
cause they beld diiferebt political opiniopsi
and said It was one of tho greatest evils OF
the day. He also aninadverted severely
upon appsintiDg men to ollea because Of
political services. and declared tiias fe liked
Governor Hayes letter Of acceptance be-
cause he promised not to remove men for
their political nainl....s 80 &c: s.; ..
them on account Of political services Re
asked for the rule to be discharged with
tcsts.
Judge Cooke announced that he differed
from both counsel O. TO the proper course
to be pursued, and that he would deliver
bis opinion on the next day, which he did
in the following eloquent and felicitous lam.
guags, which We give as pear in his own
though BRIEF decides In condensed and
striking manner the points involved. On
eccount of Its sententious comprehensive.
neag, We may well term the decision nulfttm
in parro. The Judge said:
Fo- the purposes Of the; p lgmeht OF the
Couf, In this case, I do not think IL necessa.
~ 70 6nd the facts. for they are OF. common
public notoriety, but to deal with the law Of
the case. n,,,,
The only objection urged aaainst Wsde
Hamp.ons Esq. being. recognized Us the
Governor OF sooth Carolina to-day, is that
the declaration Of the vote cast for Governor
on the 9Th OF November. 1875, by the Speak.
er Of the House pf BepTeEentetivessvns not
made in the preSenee OF che Senate that tho
senate should have bean present at such
publication OF the. vSss9 cast for Governor,
and that iuasmuchIes tho EanAte s.as ftidt
present. :te installation OF Wede Hampton
, 7oceeded without authority ofiav. 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 eimply
Q bold conspiracy with D. H. Chamberlain,
Esq, TO defeat the will OF the people. The
conspiracy which here seeks to overthrow
constitutional Law, liberty and American
civilization u not the growth of day.
When the heroes Of the revolution and the
aages of the thirteen colonies assembled 20
lay the foundation os the temple Of libe ty
upon the American continent, they were
there there to take advantage of the situation.
r 0" applicable Is the language OF ipspira-
tJi. even to that body which framed the
{ iprt OF American liberty There was o
: !, when the sons of God CAME to present
! nt n,selves before tho Lord. and Satan, came
a. among them" REASONABLE designs
against the government Established by-0ur
forefathers have marked the-EiBtory 6f-her
progress down to the present. moment.
And II there Is no inherent selEeKeeutiag
virtue in the consti: ution Of 1858, we are to-
day as vessel, without chart or compass,
stripped Of her mag. and rndder, drifting nt
the mercy Of winds and each angry waYe
upon the quicksands Of utter ruin as . state.
But such IL not our hopeless condition. IL
the letter or spirit Of the constitution il to
prevail, and nothing but successful resolu-
tion can prevent, we have MI that could
possibly have been provided for the present
contingency. The constitution declares
that the person receiving the highest num-
Der OF votes shall ,a Governor. The len-
sunge OF the constitution Ii lniperative4-
'.shall be Governor" And the failure of
the Senate to be ;i;;.e=7s.ss 1hhvTi the Speaker
of the House OF Representatives declared tie
result OF tile election held for Goveynur -pn
the 9TH Of November, 1875, can in no wise
invalidate what followed, TO wit: the in
stallntion of Wade Hampton, Esq, as Gov
ernor of the State of South Carolina. 1t wna
the duty OF tine 6ennis 10 ae present. 5ifwa55
revolutionary IN chg Senate. to- eziist,s bb
present. A wrong which the inW sNiil not
permit it to take advantage of. In such
case the constitution executes itself, and to
hold otherwise Is but simply &c aed::::it the
doctrine that the Senate, une-helf of o ro-or-
dinate department. Of the 6teth gavernIhe enk
might, by Its eouuteracticns and TevoldtEel-
ary conduct. 6efsat the will of the people for
oil time to come. Il L. folly and mac. ess
to contend for such "a doctrine. The em-
phatic declaration Of the constitution IL that
the person receiving the highest number of
votes '.shall be Governor" end Wade Hamp,
ton, Esq, having received Of all the votes
cast o majority OF 1 ,i34 votes, 40 protest nor
notice Of contest having been filed and he
having taken the cath Of Office - provided
for In the constitution. was prdrs=!y in.
stalled in the office of Governor on the l4th
day Of December. A. ID. 1876. Wade Hamp-
ton. Esq, having received tho highest nuii,-
Der Of votes casS and having taken the oath
of Office IL the Governor of the State Of South
Carolina, and his acts % such must be re-
spected and obeyed accordingly. The re-
movl1 of Thos. J. Webb rs County Auditor
for Anderson County - binding and effect
ual, and he cannot longer exercise the duties
Of said Office unless Teinstated 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 60 look after snd take'e charge OF the
public property Of the iC5uhty where, from
any reason, Il may be without proper Gus.
todian, and win therefore direct the late
Auditor Of this County TO turn over the pub
lie property in hia Office to the Commission
ers. Ho has been properly removed or sls.
pended, and therefore hHs no right TO retain
possession Of the property and records :, To
saT chat his removal is illegal because he has
dor . no wrong Is as idle as to say that this
bar might meet and levy an cesse5stnene
upon the peopio Of tha State when Court ad-