Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-03-22
GOV, HAMPTON TO THE PRESIDENT.

The contents of the official communication
addressed TO the President by Gov. Hampton
we're the subject of an interview had with
Judge Mackey, who was one of the commit
tee entrusted with the delivery of the COM
munication to the President. Judge Mackey
sums up in one sentence the argument which
is made in behalf of the recognition of the
Hampton government. He says: "
"Governor Hampton does not address the
President in his magisterial or civic capacity,
bu. solely in the military relations as Com
mander.in.C Chief of the army and navy of the
United States By the words of the Cousti-
tuition the President shall be commander of
the army and navy of the United States In
this capacity the President is requested to act
to the extent of terminating the military oc-
cupation of the State House, by withdrawing
the troops quartered therein, and to the end
that civil process may be made effective for
the eviction of D. 81. Chamberlain from the
Executive Chamber, and securing the books
and records which he now holds with an
armed force of Federal troops"
Judge Mackey goes, on to say: This re-
eues. is made on the decision of the Supreme
Court which has adjudged Hampton Cover
nor. Since my arrival Associate Justice
Wright, who is in highly peripatic state,
has come to Washington and published in the
Republican denial that he intended finally
to concur in judgment in favor of Mr..
Hampton. In answer to this state the un-
deuiable fact that on Tuesday, February 81,
Justice Wright drew two months salary from
the Hampton government, commencing on the
18th day of December, the day of Hampton's
Inauguration. The money was drawn on a
check countersigned 'Wade Hampton, Gov
ernor of South Carolina We expect Presi-
dent Hayes to comply with the request of
Governor Hampton. For to refuse it is to
deny to the people of South Carolina that
right of local seltgovernment which the Pres
ident, in his inaugural address, pledges him
self to recognize and respect. This is certain,
that the people of South Carolina, throughout
its whole tax-paying citizenship, will resist the
domination of Chamberlain everywhere, and
continually, always, however. within the lin.
its of their duty to obey the Constitution and
the laws of the United States. Owing to the
practical dissolution of the Supreme Court by
the death of the Chief Justice, leaving but
two Associate Justices, the Circuit Courts, of
which there are eight, are virtually our Courts
of last resort. All the Circuit Judges have,
directly or indirectly, recognized Hampton as
the Governor of South Carolina, except Car
penter, and even he has decided that Hamp-
ton was elected, but denies that he was legally
installed"
On the subject of the collection of the State
taxes, Judge Mackey says: "The Senate,
which is Republican, having refused to attend
in the House at the publication of the vote,
Chamberlain's Treasury presents "a beggarly
account of empty boxes, while that of Hanp-
toms government is full through the volunts-
ry contributions of the taxpayers. The Col
ored Orphan Asylum, the lunatic asylums and
the penitentiary are all being supported from
the Hampton Treasury. Chamberlain's au-
thority exists as an obstruction. He is sim
ply the ward of the Sergeant-of:the,G Guard,
while Hampton's is active everywhere in NOV
ing the machinery Of government, having the
support of the property-holding, intelligent
and moral element of both political parties and
races. Chamberlains must fall by the law
of gravitation. Hampton has authorized the
committee of which I am now Chairman
General Kershaw having been obliged by
business engagements to return, to say to the
President that he is willing to be held respon-
sible for the maintenance Of public order in
the State and the enforcement ofthe rights of
all classes by due administration of the
laws, without regard to race or color, if the
military intervention is terminated. He de.
mands that the judgment Of the Court of last
resort shall be respected in accordance with
the decision of the Supreme Court of the
United States, which has decided in the case
of Lefingwell Us. Warren, 2 Black. that the
judgment of the highest tribunal of a State
upon question arising under the Constitu-
ton or statutes of such State is as binding on
the Courts of the United States as the text it.