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


Iftda Norris-Opinion 6y lPatard, 4.J
A final order was made in this cnse tae27,a
day of February lust past with The coIcurIence
of Associate Justice Wright, ut conference OF
the court on that day, FROM which the ChiefJus-
tice was absent by reason OF severe illness. The
OF der in question terminated the present pro-
ceedings ty hd6eas corpus by discharging the
prisoner. At the request OF Associate Justice
Wright, / suspended the filing of the order ui:-
til Satul day Of this week On Thursday an
opinion was placed in my hand by 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
accompanied by memorandum having the
signature Of Judge Wright, purporting to be
revocation of the previous order in which he
had concurred.
Without receiving any subsequent communi-
cation from Judge Wright, attended the court
on Friday, the I'd day Of March, pursuant TO
adjournment.
1t was my intention to express orally at that
time the results to which had arrived as to the
questions involved in the case, but in conse-
quence of the absence or Judge Wright, the
court was necessarily adjourned and no oppor-
tunity afforded for such statement. / deem 1t
important, in view of the i'm, ortant questions
involved, deeply affecting the interests and feel
ings of the people Of the State, and unprecc-
dented character of the recent proceedings ta-
king place before a court Of last resort, to put
on record brief statement of the results ar-
rived at by myself int, nding to place them in
the form of formal opinion Mt the earliest prac-
ticabe moment: 'sst
My conclusions are:
/. That, according 10 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 Office of the respective clerks of the
courts of the several counties, Wade Hampton
| received tho highest number of votes for the of
flee of Governor of this State at the election held
| tn the 7th day of November last.
| That such being the fact, he became Governor
of this State by the direct declaration of the con-
stitution, contained in the following words:-
''The person having the highest number of votes
| shall be Governors" there having been no con-
test of the votes for Governor, recognized by
| concurrent resolution of the two houses of the
| General Assembly, rs prescribed by law, under
| the authority of the constitution, contained iu
| these words: Contested elections for Cover
! nor shall be determined by the General Assem-
| bly, in such manner as shall be prescribed by
| law" Art. 3, sec. 5.)
| That inasmuch rs contest existed under
| the constitution, and no two persons had equally
| tho highest number Of votes, the General Assem-
bly, had no function to perform, except to estab-
| lish by law day on which he should be installed;
| that day being required by the constitution to
| be during the first session of the Legislature.
That the enly object of the opening and pub
| Hcation of the returns was, in such n case, no
tcc 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. and filed with the clerks Of
| the courts, is independent Of that proceeding, it
prescribing the duties Of the Speaker of the
| House of Representatives, rs it regards opening
and publishing the returns in the presence of
the houses so that if the latter is unperformed
the former is entitled 20 full force and effect.
2. l conclude that the acceptance by Mr..
Chamberlain of the declaration of an unautho-
rizcd body to the effect that he was elected Gov
crnor, and taking the oath of Office Hereunder,
was an unlawful usurpntion of the office of Gov
ernor, inconsistent with the provisions Of tho
constitution in reference TO the right to hold o7er
until his successor is elected and duly qualified
and does not present for holding over
within the contemplation and intent Of the con-
| sitution.
| 3. conclude that Mr.. Chamberlain is not ca
!, Rpble of being recognized us de Cacto Governor,
u Il he is without the recognition or cooperation
Of the popular branch Of the General Assembly,
and by reason thereof incapable in pcint Of fact
TO execute the functions of Govcrner.
! !. hold that no executive. legislative or ju-
dicnl act is requisite to fulfill any condition. or
: remove any obstruction, impeding the full exc
cuiion Of the purpose and intent Of the clause of
the constitution declaring the person recciving the
highest number of votes to be Governor, and
that Wade Hampton is entitled to claim the off,
cacy 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. j. WILLARD, ,
| Presiding Jus ticc