The New York herald., 1876-12-13
CORBIN'S REV ARD.
A Full Democratic State Govern
ment To Be Instituted.
STARTLING ELECTION FRAUDS
Authority Of the Congressional Investigators
Disputed in Louisiana.
SOUTH CAROLINA

JUDGE BONDS DISCHARGE OF THE STATE CAM
vAssrNG BoARD-ARREsrKD FOR CONTEMPT
BIZ THE SUPREME coURr-RLEcTIoN OF
UNITED STATES sENAToR-D. T. coRBIN THE
CHOICE OF THE SENATE AND MACKEY
Housz-THE xLEcrIoN TO BE DECLARED TO-
DAY.
lBx TELEoRAPH TO THE HKRALD.1
COLUMBIA, Dec IL, 1875.
The decision Of Judge Bond Of the United States
Circuit Court dschargng the State Board OF Canvass.
srs from custody creates lively sensation here and
II considered quite curiosity by the legal fraternity
II v voluminous document, even leaving out the
authorities he cites He assumes that II motion
asmiss the petition granted by him and to remand the
petitioners TO tho custody OF the Sheriff. from whom
they had ecn taken bv his writ OF haboas corpus and
claims that section 75 title 1s OF the United States
Revised Statutes, compelled him in the frst instance
10 award the writ the petitioner set out in his petI
zion what Is necessary to give federal court jursdc
tion. Tho Judge admits that the party must aliege
that he 10 in custody In violation OF tho
constitution or of . law Of the United States
and Gays petitioners do alegc that they board
q canvassers charged with the duty, among Others OF
canvassng tha votes At general election At which
members Of Congress and Presidential electors were TO
be chosen. He ignores carefully tho fact that before
tho time at which the proceedings In contempt were
commenced against thcm by the Supreme Court OF the
Stnte this Board had adjourned sine de- claiming to
have fully performed their duties under the law and
had vet up that defence before the Supreme Court
JuDGR BoSDs REASONING.
The decision OF Judge Bond adopts tho artfu state
ment OF the petitioners framed In language 30 create
the impression that the State Court had nteriered
with them and interrupted them while they were
gagged In doing work involving the election Of elec
tors and members of Congress In the face
Of their admission that the order
Of the Supreme Court, in order to dsobey which
they adjourned expressly, in tho caso OF tho
election Of state officers and thor claim that they
had done their worg, they say that they had notice
OF application TO restrain thcm from exercising
what they thought to be their powers and that
sequence Of further proceedings against them Under
that notice thoy restrained OF their liberty
Judge Bond admits that II these parties are in
cus.ody for dlsobedence Of erdor of State court
Of competent Jurisdiction therc Is no power Of q
federal court release them, and that such order
must be not only erroneous, but absolutely void.
PRIsoSxRs' OBJECTIONS susrAIxED.
He considers the objection Of the petitioners that
She Boara part Of the Executive Department Of
shetats government and subject to the control OF
me Judicial branch and undertaken the authority
OF Gaines Thompson, Wallace to decide that the
Supreme Court had no Jurisdiction, the Supreme
Court Of South Carolina having previously construed
the State constitution and laws directly otherwise He
admits, however, that IL is not enough to release
prisoner that in custody under what he pronornccs
void judgment but ho must bo IN custody for act
done or omitted in pursuance OF law OF the United
tates a in custody violation OF Tho constitution of
the United States ON the msy protext that tho Bonrd
before adjournment had had TO canvass along with tho
returns State officers the returns Tor Presidential
electors and although tho order Of the Court required
them to do certain things appertaning solely to tho
State officers and although such order had not pre-
vented them from completing their canvass Of tho
electors returns according to their view OF their
duties Judge Bond assumes that the Board being
punished under law Of Congress In violation OF
the constitution.
CONFLICT JURISDICTION.
He affects great concern at hearing and determining
ca1se whom tho parties charged with dsobedience
10 tho orders OF State court and is happy to think
that conflict of jurisdiction may be referred to the
Supreme Court OF the United States. knowing that in
habcas corpus tho Sipreme Court has no appellate
Jurisdiction.
United States District Attorney D. T. Corbin was
rewarded to-day for his zeal and fidelity to the repub
lcans by election to tho United States Senate
Two ballots taken in the Mackcy House, 60
members being present. Of which Mr. Corbn received
IS votes In the Senate five ballots taken. On
she NTH Corbn received II, the full republican
present. Gary, democrat, IL, the full strength OF
that party In the body
CHOICE BY THH WALLACE HOUSE
Tho democratic house also balloted for Senator,
tho being divided among about II candidates. and
without making or even indicating a choice.
To-DAY's IMPORTANT EVENTS.
II Is believed that this election Of Mr. Corbin will
bring tho present extraordinary state OF affairs
focus The action Of tho democrats in ballotng for
senator today shows that they recognize organza
tion Of the Legislature the 2sth of November last
Il docs not however, commit thcm to recognition or
Tho Mackey House, against which they have pcr-
ustently recorded their protests as illegal and
unconstitutional body. On tomorrow both houses
will meet, as required by Law, TO count the votes
for senator and declare tho election. Against
this tho democrats will again protest, will
refuse 10 participate, and will claim there is ecc-
slon The republicans Of course, Will declare Corbn
elected 20 the United States Senate the OF
r. J. Robertson. In the meantime the dem ocratic
House will continue TO ballos for Senator, and to
carry out the forms OF law they must also obtain
Senate 10 do likewise
A SEPARATE DExocRArIo STATE GOVERNMENT.
Their programme has not been developed, but It
10 anticipated that the democratic Senators will with
draw tomorrow and form At least a quorum Of the
Senate by the admission Of three contestants and tho
Secession OF ono or two republicans, who will
come with them. result Of this Will be the imme-
dists inauguration OF Hampton as Governor, the
slection Of United States Senator and the establish
ment Of entire separate State government They
havo steadfssly rerancd from adopting any measures
that might bo regarded in tho leas, revolutionary
while u is claimed by them that all the acts OF tho
republicans SO far. since tho 28th OF November, arc
revolutionary and reasonable. In the above
action adopted there will be two separate and inde
pendent governments, but with tho difference that
Tho Hampton government win hsvc tho power and
ability 70 levy and collect taxes while the Chamber
lain government will bo absolutely devoid OF any OF
she functions or authority Of government and un-
less Il Is proppcd up BY tho United States Army Il
must fall.
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