The New York herald., 1877-03-21
SOUTH CAROLINA
JUDICIAL DECISION AFFIRMING HAMpToN's 8
TITLE TO THE oovERNoRsHIP.


TITLE TO THE GovERNoRsHIP.
[BY TELEGRAPH TO THE HERALD
CHARLESTON, March 20, 1871.
Charleston has been for many weeks the only point
in South Carolina at which a ves,igc remained Of
Chamberlains assumed authority Governor
Mainly through the boldness and persistence Of
the notorious c. q. Bowen. Sheriff. tho ma
chinery OF justice has constantly and ecacously
used prop for the usurper but the prop was re-
moved to-day Judge Reed Of the Circuit Court has
followed up his decision OF last week BY one mucn
important and sweeping, and by one broad de-
cree has established the peaceful ruio OF Governor
Hampton in the Charleston Circuit The object oil the
case before him was induce u recognition OF one OF
the persons claiming TO be Governor OF tha State
and was Judge Reed remarks the first case involv-
ing directly the question TO who Is Governor that
has been argued in this circuit clearly
de1nca and well understood issue made The ar
eumcnts werc elaborate and complete. Judge Reed
renders decision which not only settles local con-
fcl:ng claims to Official recognition and leads to tho
harmonious working Of the judicial system, but 70
In itself concise and complete statement OF
the law of, elections for Governor in South
Carolina, and a logical and conclusive demonstration
that Wade Hampton lawfully elected was lawfully
qualified and is Governor OF the State.
TIE LAW CASE.
mcut the constitutional provision that the person
having the highest number OF shall be Governor
There are provisions directing how the result Of the
election shall be ascertaincd and declared,
but these Of form merely, not OF substance;
Tor 1t has not pretended says Judge Reed, that
a neglect OF duty improper or fraudulent dis
charge OF the duty imposed them by any OF the
officers through whose hands tho ballots returns
have pass vate the elections and defeat either
the expressed Will OF the electors or the right oil tho
person having the highest number OF votes.
rhat t.nft tnnis all mn
ments Of tho county canvassers, Hampton received
highest number OF votes for Governor and under
decision o; the Electoral Commission ~ the Florida
case these statements cannot DO goae behind. But
these county statements had been delivered by tho
Secretary OF state to f. W. NJ. Mackcy claiming to be
Speaker OF the House oI Representatives,. sworn
copies of these statements we're Obtained,
and this secondary evidence o, o, 'ne election ,.,o
Reed sufficient under the terms CT the conslitu-
tion. The body which mad been decided by the Su.
premc Court To be The legally constituted House OF
sent notice TO the Senate that
they would the next day proceed TO open and pub
sh the OF the election Tor Governor and the
failure Of the Senate to attend ip u body did not
affect tho lawiulncss OF the action OF the House
and the lawfulness OF tho installation. The
senate, Il not actually must be held to have been
constructvely present for TO enforce right or pre-
vent wrong the law wili us details and such
t,rs OF form, presume that to have been done which
ought to have been eone. BY SIMPLY taking the oath
Of oce whou. ....n any ,S S"ns. General
OF votes, would have been qualihed to net
as Governor But Judge Reed decides that he became
stance and that both the letter and the splt OF the
law were complied with.
cnAMBERLAIN's STATUS.
Not only does he decide this, but he decides In ac
cordance with views already familiar to the public
that Mr. Chamberlain, IN suffering himself TO lie installed
Tor u new term, disOwned and abdicated his iormer
office and cannot question his own deliberate act
ON STATE oFFiCEks.
Tho effect oil the decision is twoiold II renands to
private lie every person IN this Judicial circuit who
has ueen commissioned for any purpose by Mr. Cham
bcraIn since December IA, when Governor Hampton
Nyac
every officer commissioned by Governor Hampton, and
makes effective conclusive every other act done by
Governor Hampton In this circuit
DECISION FINAL.
In ordinary cases the decision OF circuit judge Is
There only two judges on the Supreme Bench One
them Judge Willard. has already rendered decision
similar TO that which Judge Reed has flcd The de-
cslon oil the circuit judges therefore, cannot DO re-
verscd. Charleston county alone contains nearly
o1ssha Of 'ns taxable property iu n0v.rn ,ne
ment is at an end. But not only in the Charles
circuit is Hampton everywhere acknowledged
as Governor, with one exception; the eight Circuit
Judges have all acknowledged Governor Hampton In
circuit save Judge Carpenter. Even he could not 80
SerIan be I'M tsA Was elected ~ WHAT % he he decided
was" was that Governor Hampton, although
receiving tho highest number oi votes was duly
declared elected and installed and that Mr. Chamber
lain continued 10 DO Governor until his successor
should be chosen and quaihed. In fine the law has
done its work in South Carolina without agitation,
WITHOUT excitement, without bloodshcd. Wade Hamp-
ton has won. The ballot box made him Governor.
not by vote of eight 10 SEVEN Lu by vote OF seven
Judge Reed, in tho Circuit Court, to-day, rendered
his decision the Flynn habeas corpus case, releasing
Flynn, the ground that Chamberlain has lawful
authority Governor The decision concludes FOL.
Iows:-I am of opinion, therefore, that Wade Hamp
made Governor and over the state Ot South
Carolina, through tho ballot box Ia accordance
with the constitution, ut the election hold on
the 7th OF November last that he qualified II not fol-
lowing the letter. the spirit and intent Of the consti
the l4tn oi December last that he had been
W.
south Carolina, and should bo ooeyed and respected
accordingly Ii follows from these views that ID. II.
Chamberlain was not Governor ON the I'D OF January,
1871 the dato Of the commission OF w. +. Dover u
trial justice for the city OF Charleston, and that his
appointment and commission were without lawful
authority and void.