The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-15
Judge Mackey on Tax.Paying.

In charging the grand jury of Lancas-
ter County, Judge Mackey made the fol-
lowing tersc and appropriate remarks in
relation to paying taxes to the lawful
government of the State:
In great public emergencies, when
anxiety pervades the public mind as to
the stability of the government, and as
to who are its true constitutional repre-
seutatives, it is proper for the Court to
assume all of its just responsibilities. and
in the interest of public an, due admin
istration of the laws, to determine in the
first place wherever there is a conflict,
,chich is the la,ufui government Of the State.
This Court, in a case properly before it
has decided that his Excellency Wade
Hampton is Governor of South Carolina,
duly chosen and q,talifed-chosen by the
pc pie and qualified by taking the oath
of office prescribed by the Constitution.
He shall be obeyed and respected as Gov
ernor in the due execution of his office
throughout the limits of the 9th Judicial
Circuit, and as far as the power of this
Court extends. until its decision is re-
versed by the Supreme Court of the State,
which is the only tribunal vested with
authority to sit in judgment upon that
decision. No pretended commission
signed by the pretender D. H. Chamber
lain, after the 14th day Of December, 1876,
will be respected within the limits OF this
circuit. The position taken by those who
admit the election of Governor Hampton,
fact his most intelligent adversaries con-
cede, and yet deny he is the Governor, on
the ground that both Houses were not
present when the vote was published by
the Speaker. is utterly untenable in law:
The people have issued their grant and
placed upon it their broad seal; the
grantee has complied with all the condi-
tions annexed to the grant, but the courts
are called upon to declare it void because
small body of men known as the Senate
wantonly shut their eyes and refused to
witness the delivery.
The pretended tax levy of the Cham.
berlain Legislature shall not be enforced
in this Circuit. The Constitution pro-
vides that all bills for the raising Of sup
plies shall originate in the House of Rep
resentatives, but the Chamberlain tax
bill originated in body organized by
the corporal of the guard in the State
House, and it has been decided by the
Supreme Court to be without any legal
validity whatsoever Hence it could not
pass tax bill according to the Constitu-
ton. This decision of the Supreme
Court of the State is final upon the ques-
lion-binding even upon the Supreme
Court of the United States itself, accord
ing to its own decision-LefHngwell Va.
Warren, 2 Black, U. S. Supreme Court
Reports. Nor can what is known as the
Hampton tax be enforced in law. 1t is
voluntary contribution, appealing to
the patriotism of the people and to their
sense Of self-preservation. But he who
refuses to pay this tax OH the ground that
Hampton is not Governor will not receive
the protection of this Court against an
execution to collect the Chamberlain tax,
because he is estopped by his conduct
from denying the legality of Chamber
lain's government, and having made his
choice he must pay accordingly.