The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-12-28
Especial dispatch TO the Baltimore SUM-
An Interview with Chamberlatn--.Fh<
Pardon Test i'm Court.


COLUMBIA, S. c., December 26.-ln an in
terview with your correspondent this eve
ming Chamberlain denied in the most posi-
tive terms that he is about to issue procla-
nation commanding the Hampton govern
ment to dispcrse. He says he has no inten-
ton of further complicating the situation il
he can help it. He denounced as absurd the
rumors OF Il compromise, and says there is
nothing in it as to either party. He is
especially disgusted with the talk Of making
him United States senator. He says Corbin
is properly elected, and will get his seat
without serious opposition. Even II there
was vacancy, he says he would not accept
the place to make way for Hampton or any
compromise. He SAID he was not trading
| himself, and did not mean to allow others TO
trade for him. Since the adjournment he
| is evidently very much stit1ened in his de-
termination to fight it out on the present
| line.
The hearing of the petition for habedS
corpus in the case OF the convict pardoned
| by Chamberlain, but whose release was re-
fused by the superintendent of the pcni-
tentiary, took place this afternoon. Elliott
and Corbin appeared for Chambcrlain-the
former assuming to be Attorney-General.
The superintendent Of the penitentiary.
who was represented by General Conner
and strong array OF counsel, submitted
return to the writ, stating that on the 10th
day Of December, the date OF the alleged
pardon, D. II. Chamberlain, whose sig
nature is attached thereto, was neither
in fact nor in law Governor OF South
Carolina; that Wade Hampton was the
lawful Governor at that date In fact and in
law, and the alleged pardon is OF no force
or validity. In support OF this position the
return reciteS the well-known facts in rela-
| tion to the election and subsequent inaugu-
ration Of General Hampton and OF the pro-
ceedings of the illegal House and its illegal
Sneaker, by which Chamberlain was inau-
| curated, all of which proceedings have been
adiudged null and void by the Supreme
| Court; and the respondent submits that he
cannot lawfully recognize the said alleged
pardon.
Elliott asked that the further hearing be
postponed until Friday. Upon this some
discussion arose, in the course OF which
Youmans objected to Elliott's claim to re-
present the State. In this case the Attor-
ney-General can only appear to object to
| the discharge Of prisoner. He read from
the Revised Statute, page 545, that "the pri-
soner shall not be discharged until the At
torney-General has been notified to appear
and object if he thinks fit" II Elliott
were Acknowledgement he could not be
heard here for the prisoner. He could
not come here and defend the prisoner
against the lawful officer OF the State seeking
to retain him in custody; but the ques-
ton as to who is Attornev-General is also
involved in this case, and il Chamberlain is
not Governor, then Elliott is not Attorney
General. Elliott could not see that this lat
ter question was at all involved here. 1t
was sufficient for the opposing counsel that
he claims to. be Attorney-General and no
body else does. He was in court in obe-
dience to notice requiring him to be here
to represent the State, and he claimed that
it is equally the duty OF the Attorney-Gene-
raj to defend a prisoner uniustly detained.
The magnitude OF the question demands
full hearing on both sides.
Judge Carpenter: 81 would be glad to
take the cursory view adopted by the counsel
for the State ii l could. / ain not anxious
to decide that question. The interest OF
the prisoner is very small one compared
to others in this question, as is evinced by
the array of counsel on both sides. The
question is really, Who is Governor OF the
State and this issue>is made the test. II is
an important case, and l am disposed to
give counsel all the time they want"
Counsel for the prisoner asked that the
prisoner be discharged upon his own re-
| coSnlZance penang the cOnSluerar1On OF
his case. 1t was pity to make him o scape-
goat.
Judge Carpenter said this was impracti-
cable, and gave counsel until II O'Clock
Friday.
The House congressional committee spent
to-day examining witnesses, mostly ne.
groes. regarding alleged intimidation. The
fact was developed Of the existence Of an
extensive organization called the Laborers'
Union League, members OF which were
sworn to vote with and support the Repub-
lican party. Major Kellogg and Lieuten-
ants Hoyt and Anderson were among the
witnesses, but their evidence was very un-
satisfactory to the Republican members OF
the committee.