The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-03-29
GOVERNOR; II 1HiAMPTON's CASE
Elected by the People and Confirmed
by the Courts. 90.

|.CH 1 IN i9tb - = --- .t'- 'it'i - a.
Elected by the. People. and Confirmed
by the Courts. ...
The following is the full text Of the
statement presented to President Hayes
by- the committee of gentlemen who were
appointed by Goyernor; Hampton to pro-
!cceed to Washington and present his
|. claims to the Gubernatorial chair OF
! South Carolina: .'shnHH - .nDi' +
E,.,,na ,f,WAsHINGToN, March s, 1877,
His Ercellency, r.. B., Hayes, President Of
the United States: On IL ...,. .:
SIR: Your Excellency was pleased to
accord us an interview on the 7th instant,
at which we had the honor to present a
letter from his Excellency Wade Hamp-
ton, the Governor of the State of South
Carolina, requesting the immediate with
drawal of the United States troops now
ouartered in the State House, at Colum-
7bia.,u In.accordance with the suggestion
of your, Excellency, that any statement
which the undersigned committee desire
toc, present, touching the subject-matter,
should properly be in writing, we respect
I fully submit the following for the consid-
Grafton of your Excellency: .s,eia
First. We do, not represent, Governor
Hampton as party to controversy, for
We hold, as in duty botihd, that the judg-
ment ofthe court of last resort ofa State
in q .cause!inyolying no Federalquestion,
but determinable exclusively under the
constitution and laws of the State, legal
ly quiets all contentious as to the issues
therein decided. ). The Supreme Court of
theu United States has established this
proposition as settled law,by an unbroken
current of decisions. ..... ..,
i That Judgment we have had the honor
! to lay before your Excellency! The title
of Wade Hampton; Esq; to the Office of
Governor is derived from his election by
the people, and the highest judicial tri.
bunal of the State has solemnly affirmed
that title He, therefore, as the Governor
of the State of South, Carolina, addresses
your Excellency, invoking the action of
the President, not for the solution of o
/ judicial question, but for the exercise of
his power as Commander-in- Chief of the
Army ,of7the United States, to terminate
van, Intervention by Federal troops, which
hinders him in the due execution of his
lawful authority as Governor, and subor-
Idinates the civil to the military authori-
Second. We are informed that it is al
legged in support of the usurped authority
of D. H. Chamberlain, Esq, and for the
purpose of discrediting the decision of
the Supreme Court;~which has adjudged
Wade Hampton, REsq., the Governor of
South Carolina, .thatiOne of the two AS
sociate Justices who composed the Court,
did, % after concurring in the judgment
and signing the final order in the case,
before the filing Of the same, revoke his
signature thereto, and did thereby render
the said order void, The presiding JUS
tics:lof the Supreme Court, whose.opiu-
ion, accompanies the. letter of Governor
Hampton, has noticed therein, that pre-
tended reyocation, as appearing in the
form of memorandum, annexed to a
paper entitled as "epinion by Associate
justice, Wright" but with no signature
attached thereto, which alleged opinion,
and the annexed memorandum are not
in the handwriting Of the said Associate
Justice. e. !. 80 - III "r''.iz
His Honor, Al J.Willard, the presid-
ing Justice in, the cause filed the final
order therein as the Judgment Of the Su-
preme Court, Notwithstanding such pre-
tended revocation. 1"i-3 --!aci':ntrf.i-
=, The .;so-oalled, revocation j is clear
ly, without legal force to annul j the
Judgment Of tie Supreme Court. The
Judgment of court of last resort can
only be reviewed by the court itself.
The .two Justices who rendered the de:
cision in the cause, constitute the Judicial
unit termed the court. Neither, sepa.
safely, can constitute himself court OF
review as to final order made by the
court in 6anc. The judgment is their
concurrent conclusion. The order is the
statement of such conclusion. Not the
conclusion Of one Justice, or of two JUS
tices separately, but of the two associated,
and constituting the judicial entity
termed the, court. 81, ..,.a; ~, =.
l.. We deem it proper to note the unde-
niable facts that the Supreme Court,
which; owing to the illness of the Chief
Justice, consisted only ofthe two Asso.
ciate, Justices, adjourned on Tuesday,
February 9th, to meet on the following
Friday, and during the said recess JUS
tice Wright signed the memorandum
which ,purports to be revocation of his
signature affixed to the final order Of the
Court on the day of its adjournment
He signed the order February 9th and
the alleged revocation March 1st, and
since the FIRST named date he has not re-
sumed his seat upon the. Supreme bench;
He left. Columbia March Sd, and is now
absent from the State. While his pre-.
tended revocation cannot avail to annul
the,ljudgment of the Supreme Court, il
yet,seryes to,reyeaE the conspiracy which
having but receptly,de6ed the authority
Of all the Justices Of the highest Court
| of the, State, now renders it impossible
for the Court to proceed with the busi:
ness of the term, by laying its unclean
hand on the ermine, of one Of its Asso-
ciate Justices. -s;...4 ,;,t.-.t ....,
Third. The present occupation of the
| State. House by United States troops,
end the attendant surveillance exercised
by them over all who enter the building
| visit upon the people of South Carolina
d most harsh Incident Of military rule,
| which, while it tends to- discredit all civil
| authority, furnishes none of the compen-
sations, that attach to, military govern
ment, in the protection of life and prop
erty, and the due maintenance ofpublic
order. = - 80 s''.'H' ''.,'a " /,
. 5 The zusurped authority thus sustained
by an exhibition of farmed forceii essen.
tally parasitical, having no sources Of
subsistence within itself, and utterly re-
pddiated by those who furnish the public
supplies. embracing almost ther entire
tax-paying citizenship of the State, and
the major portion Of its intelligence and
moral worth. The Government, on the
contrary represented BY Governor Wade
Hampton, is; ;abundantly sustained by
the, voluntary contributions Of o, patriotic
people, which are, duly applied to the
maintenance of the courts, the Asylum
for the Insane, the Colored Orphan Asy.
1,,,, tho pon;tontioru, tho deaf and