The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-03-07
Judge Wizards Opinion

Supreme Court-Er Purte Tilda Stephens,
alias Tilda Sorris-Opini0n by VII
in,'d, A.J.
A final order was made in his case on
the 9th day Of February last past, with
the concurrence Of Associate Justice
Wright, at Il conference of the court OH
that day, from which the Chief Justice
WAS absent by reason of severe illness.
The order in question terminated the
present proceedings by habeds corpus by
.discharging the prisoner. At tho request
of Associate Justice Wright, l suspended
The filing Of the order until Saturday OF
this week. On Thursday NJ opinion was
placed in my hand 10y the Clerk OF the
Court, p%urporting to be the opinion Of
Judge Wright, although not endorsed
with his signature in the customary mall
nor. This opinion was accompanied by q
memorandum having the signature OF
Judge Wright, purportingto be a cvoca-
ton of tho previous order in which he
had cOncurrcd.
Without receiving any subsequent COM
munication from Judge Wright, l attend
cd the court OH Friday, the I'd day Of
March, p%ersuant to adjournment.
1t was my intention to express orally
at that time the results to which l had
arrived as to the questions involved in
the case, but in the consequence OF the alb
sense of Judge Wright, the court was nee
cssarily adjourned, and no opportunity
, afforded for such statement. l deem it
important, in view Of the important ques-
tioTs involved, deeply affecting the iute-
rest and feelings OF the people OF the
State, and in view of the anomalous and
unprecedented character of the recent
proceedings taking place before a court
of last resort, to put on record q brief
statement of the results arrived at by
myself, intending to place them in the
form of q formal opinion ut the earliest
practicable moment:
My conclusions are:
l. That, according to the returns Of the
managers of election in the several coun-
ties, made in duplicate, and one copy
thereof transmitted, sealed to the Secre-
tary of State, and the other filed in the
office of the respective clerks OF the
courts of the several counties, Wade
Hampton received the highest number
of votes for tho office Of Governor Of this
State at the election held on the 1th day Of
November last.
That such being the fact, he became
Governor of this State by the direct de-
claration Of the constitution, contained III
the following words: 'The person having
| tho highest number Of votes shall be
Governor there having been no con-
test Of the votes for Governor, recognized
! bv a concurrent resolution of the two
houses of the General Assembly, as pre-
scribed by law, under the authority OF
tho constitution, contained in these
words: "Contested elections for Cover
nor shall be determined by the General
Assembly in such manne as shall be
prescribed by law" (Art, 3sec. 81,
That inasmuch IS no contest existed I'M
der the constitution, and no two persons
had equally the highest number OF votes,
the General Assembly had no function to
perform, except to establish by law q
day on which he should be Installed
that they being required by the constl,
tuition to be during the first session OF
the Legislature. .
That the only object Of the opening ana
publication of the returns was, in such Il
case, notice Of the facts disclosed by the
returns.
l also conclude that the provision de-
claring the person receiving the highest
number of votes, according to the returns
communicated to the Secretary of State,
| and filed with tho clerks of the courts, is
independent of that preceding it, pre-
Scribing tho duties of the Speaker OF the
House of Representatives, as 1t regards
opening and publishing the returns in the
presence of the houses; so that it the lat
ter is unpcrformcd the former is entitled
to full force and effect.
2, Iconclude that the acceptance by MIR.
| Chamberlain Of the declaration of an I'M
authorized body to the effect that he was
elected Governor. and taking the oath OF
Office hereunder, was an unlawful usur-
patton of the Office of Governor, incon-
sistcnt with the provisions Of the con-
stitltion in reference to the right to hold
over until his SUCCESSOR is elected, and
duly qualified, and does not present i
case for holding over within the contcm-
plated intent Of the constitution.
3. / conclude that Mr.. Chamberlain IS
not capable of being duly recognized as
lie |ucto Governor, rs lie is without the
recognition or cooperation OF the popu-
lar branch Of the General Assembly, and
bv reason thereof incapable in point OF
fact to execute the functions of Cover
nor.
4. I hold that no executive, Legislative
or judicial act is requisite to fulfill any
condition, or remove any obstruction,
inlucning the full execution Of the pur-
pose and intent OF the clause OF the con-
stltution declaring tho person receiving
the highest number OF votes to be Gov
crnor, and that Wade Hampton is emit
tied to claim the efficacy of that clause OF
the constitution, and in virtue thereof is
Governor of the State Of South Carolina,
and his pardon duly issued is entitled to
be respected.
A. !. WILLARD,
prnSidinr ,Julro.