The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-01-18
A Bold and Decided Stand.

The following is an extract from the
charge of Judge Mackey toFthe Chester
grand jury:
A condition of affairs exist in this
State without a parallel. Two separate
organizations claim to be the lawful gov
errment; c.two bodies claim to be, the
Legislature. There eau be but one Gov
ernor, one House and one Senate ateone
and thessame,tipe.,, A body of men as-
sembled at the State House, guarded by
the military force Of the United States
government, and claiming to be the law
full Legislature of the State, although the
Supreme Court of South Carolina had
declared this body mob, and. although
the Supreme Court of the United States
had declared that tile judgment Of the
highest judicial tribunal OF State with
respect to questions of this kind is bind
ing even upon the Supreme Court of the
United States: .
The presiding Judge Of this court,
therefore, decides that no act or pretend
ed act of this so-called Legislature shall
be obeyed or have any force lin Chester
County, or anywhere within the limits of
the eSixth Circuit. No commission issued
by D. H. Chamberlain, the pretended
Governor of South Carolina, viii be
recognized. Any person " l1o may at
tempt to read any such pretended com
mission in this court will be promptly
arrested and committed to Jail for con-
tempt ofcourt.: All officers holding over
under the law, without regard to COM
mission, must await the decision of some
competent tribunal. One of these gov
ernments must be recognized. The dam
ger to the citizens lies not iiTrecegnizing
the one or the other, but in recognizing
neither. Recognition of one or the other
is essential to the maintenance of order.
Prisoners committed to Jail blythe sell.
tence Of this court cannot be released
under any pretended warrant of pardon
issued by D. H. Chamberlain.
The opinion Of the presiding Judge of
this court is asked as to whether, if a cit.
tizen pays the ten per cent tax calledifor
by Governor Hampton, such payment
will be good as an Offset when tax bill
has been passed. In the judgment of
this court it will. The constitutional
House of Representatives has passed a
resolution calling, upon the tax payers
for enty.fEesperT cent. ofthe taxes paid
last year. Governor Hampton asks for
the early payment of ten per cent. for
tho relief of the charitable and penal
institutions of the State. This is vol.
untary tax; the call for it reposes upon
the patriotism of the citizens. No exc
cution can be issued against property to
compel the payment of this ten per cent.
The citizen is not confronted by penal
ties. But a greater danger threatens
the danger that civilization itself may be
expunged and that the bold conspirators
against the welfare of the State may be
encouraged to carry out their plots.
| a. This court will not permit the tax at
tempted to be imposed by Chamberlain's
so-called Legislature to be collected.
The Supreme Court having decided upon
the illegality of the so-called House of
Representatives, the circuit courts are
relieved from all the responsibility in
the premises. and have but to yield obe-
dience to the judgment of this the high
| est tribunal in the State.