Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-01-31

il government. When the barons Of England,
more than three hundred. years ago, wrested
magma charter from King John, they estab-
lished this pearl of civil liberty, which their
free descendants have ever since preserved.
The report finally concludes that the bonds
of York county "were issued without author
ity, and do not constitute any part Of the in.
debtedpess of said county," that "the circuit
Judge before whom the case was tried and de-
termined, had preiudged the case before hear
ing, and a fair and impartial trial was not
had;" and the decision Of the supreme court
made without general consultation of
the Judges, if decision at all, was not only
erroneous, but induced by fraud and improp.
or influences" Rather wide range this, to
include in the report of petty commission,
who had no authority in law to examine
much less to determine-such matters! After
this, it might have been appropriate to have
declared that the title of Mr.. Hayes to the
Presidency was invalid, because the electoral
commission was induced by improper in
fluences." IF the decision of Judge Mackey
is assailable, because he had previously ex-
pressed an opinion upon matter of law con-
nected With the case, am afraid ibis report
is not above reproach for similar reason.
Both of the gentlemen signing it have been
heard to express opinions adverse to the le-
gality of these bonds before their appoint
ment as commissioners, and one of them, at
least, is on record in the Office of the Cover
nor, as signer of petition declaring, virtual
ly, their invalidity; and this before MS ap'
pointment as commissioner. IF Judge Mack
ey is wrong, am afraid these gentlemen are
not in position to correct the error they as
sail. -
Again, as to the supreme court decision. If
two Judges out of three cannot decide ques-
tion-although the constitution of the State
plainly authorizes it-one might infer that
one or t,oo commissioners out of three would
be incompetent to reach a conclusion up
setting that judgment, when the act crea-
ting the commission did not authorize the two
to act. If the judgment were wrong for this
reason, it appears to the writer that the t'0o
commissioners have failed to help the matter
very materially. - /i< 80
But suppose the judgment were "induced
by fraud" it is nevertheless ajud9ment which
there is no power in the land to galnsay.
The remedy would now be too late. Rights
have been acquired under it, and it can nev:
er be overthrown. The commissioners, If all
three had sat together, and signed their con-
clusions, are wholly without such authority,
But was it 'induced by fraud ?" lfso, the
report fails to show it. The verdict is with
out evidence. The story of fraud rests only
on the testimony of F. j. Moses, Jr:, who is
contradicted by Judge Mackey. When the
report implicitly gives credence to Judge
Mackey's statement, it overthrows the state
ment of Moses. ......... ops. ....... 49,.
The writer has been shown certain anony-
nous communications addressed to person
holding these bonds. proposing to "be seen.
before the writer had committed" himself
upon certain subjects. The letters plainly
had reference to this investigation, and any
person who will take the trouble to examine
them will not hesitate to detect both the au'
thor and the subject matter alluded to. The
person receiving them declined to give them
any notice. 1t was some days after the re-
ceipt of these communications, that the testl-
mony. so-called, of F. J. Moses was taken at
Columbia by one of the commissioners, as the
writer is Informed.
But suppose that Judge Mackey and the
supreme court were all bribed or wrongly In
Auenced to reach their judgments, it is not
alleged that the county commissioners were
moved BY improper influences in voting the
subscription 1t is only said they we're with.
out authority under the act of 1873. If so,
let the decisions of the courts be thrown aside;
vet the acts of two subsequent legislatures
stand in recognition of the fact that they did
have the authority.
In conclusion, the writer desires to be plain
" understood 10 this matter. While oppos'
ing the power granted to the county commits
sioners to assume to make subscription, and
opposing still more earnestly the exercise OF
that power after it was granted, yet after the
fact has been legally accomplished, and new
rights have been acquired, most hagrant ln-
iustice-more violent than revolution, more
dangerous than robbery, and more deplora
BILE in its results as a precedent, than both
of these combined be inflicted upon
that class of persons, both at home and abroad,
who innocenty trusted what the legislative,
executive and judicial departments of the
State government had, within their proper
spheres, more than once sanctioned, and
which the people had, year after year, rati-
fed BY their acts. You had as we'll pass
law making arson penal offence; organize
a court to try let the offender be tried, con-
victed and executed; and then hang the
sheriff and Judge for enforcing the law. Such
a calamity finds its parallel in the PROPOSE
tons of this report.
Were the question simply one of undoing
what has been done, without impsring vested
rights, l would say, let it be done, ifpossible,
and if the people of the county SO desired.
The opportunity for that question to be again
raised having passed, the county should now
honestly perform its undertaking towards
those who have, in good faith, trusted its
promises and relied upon its acts ratifying
the conduct of its agents. II.
Correspondence of the Yorkville Enquirer.
LETTER FROM CHESTER.
CHESTER, January %, 1878.
John Smith, recently tried and convicted
of the murder of Bergen Conger, has made
full confession of the horrible deed 1t agrees,
substantially, with the account that has al