The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1877-03-09
Judge Willard's Opinion.


\ final order was malc in th:s caseon thc21;;
lay OF February last past with the coAcuuence
OF Associate Justice Wright, 1T a conference Of
the court on that day, from which the thietJuS-
tice absent by reason OF severe Illness. The
o, der i'll question terminated the present pro-
ceciimss ty hdLctS corpus by discharging the
prisouer. AT the request of Associate justice
Wright, | suspended the filing Of the order ui,-
til Satuld day of this week. On Thursday
opinion was placed in my hand 10y the Clerk Of
the Court, purporting to be the opinion Of Judge
Wright, although not endorsed with his sigma
ture in the customary manner. This opinion
was accompanied by IL memorandum having the
signature OF Judge Wright, purportiug to be
revocation Of the previous order in which hc
had concurrcd.
Without receiving any subsequent communi-
cation from Judge Wright, attended the court
OH Friday, the ID day of March, pursuant to
adjournment.
1t was my intention to express orally at that
time the results to which had arrived rs to the
questions involved in the case, but III conse-
ouence Of the absence of Judge Wright, the
court was ncccSsl lry adjourned, and no oppor-
tunity afforded for such statement. | deem it
important, in view of the i'm oriant questions
invoved, deeply affecting ,hc interests AMI feel
Jugs of the people of the State, and unprccc-
demtcd character Of iEc recent proceedings tn-
king place before Il court OF last resort, to put
OH record brief statement of the results ar
rived at by myself, int niing to place them III
the form Of II formal opinion 1T the earliest prac-
ticablc moment:
My conclusions are:
|. That according to the returns Of the man
ayers of election in the several counties, made
in duplicate, and one copy thereof transmitted,
sealed, to the Secretary of State, and the other
filed in the oicc of the respective clerks of the
courts of the several counties, Wade Hampton
received the highest number OF votes tor the Of
flee Of Governor Of this State at the election held
,n the Ilh day of November last.
That such being the fact, he became Governor
OF this State by the direct declaration of the
stitution, contained in the following words -
1.-The person having the highest number OF votes
shall he Governor; = there having been no
test of the vsicS for Governor, recognized 10y u
concurrcn, resolution OF the two houses of the
General Assembly, rs prescribed by law, under
the authority Of the constitution, contained i'll
these words: "CVnteStcd elections for Cover
nor shall be determined 10y the General Asscm-
bly, i'll such manner as shall be prescribed by
law Art. 3, sec. D.
That iuaSmuch rs no contest existed under
the constitution, and no two persons had equally
the highest number of votes, the General Assem-
bly, had no function to perform, except to estab-
lish by lawaday on which he should bc installed;
that day being required by the constitution to
be during the first session Of the Legislature.
That the cnly object of the opening and pub
ication of the returns was. in such case,
ticc OF the facts disclosed by the returns.
also conclude that the provision declaring
the person receiving the highest number Of votes,
according to the returns communicated to the
Secretary of State ami fled with the clerks Of
the courts, is independent Of that proceeding, it
prescribing the duties Of the Speaker of the
House of Representatives ~ it regards opening
and publishing the returns in the presence of
the houses 50 that if the latter is unpcrorincd
the former is entitled 20 full force and effect.