The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-01
WHO is GOVERNOR OF SOUTH
CAROLINA?
PARDON OF coLoRED PRISONER BY HANP-
ToN-rHE SHERIFF REFUSES TO RELEASE
THE PRIsoNEn--JUDaE MAcKEYs INTERvFN-


ToN-rHE sHERIrF REFUSES TO RELEASE
THE PR1soNEn--JuDaE MACKEY's INTERvFN-
TON.
lBY TELEGRAPH TO THE HERALD
COLUMBIA, Jan. 81, 1877.
Governor Hampton having granted pardon to
Amzi Rosborough, q colored prisoner In the jail OF
Chester county and the Sheriff refusing to release tho
prisoner on the ground that Wade Hampton is not
the Governor OF the State, Judge T. Mackcy Issued
writ OF habeas corpus the petition OF tho prisoner
and tho case argued to-day at Chester on tho
turn to the writ The Judge rendcgcd his decision i'm.
mediatey upon tho conclusion OF the argu-
ment It is very elaborate. and abun-
dainty fortified by citations from legal author-
ties Tho leading issue whether the publication Of
the returns for Governor by the Speaker OF
the House. In tho absence the Senate, and In tho
presence OF tho House only, was sufficient, under tho
constitution, to invest tho person who had received
the highest number oil votes with the Office Of Gov.
ernor upon his taking the oath. Judge Mackey held
hat II sufficient publications. that the words Of
the constitution that the Speaker shall open the
returns and publish them In the presence OF both
houses directory only, and are not TO
DO considered condition precedent to tho
installation OF the person who has been duly elected
that the House having given tho Senate due notice
that tho Speaker would the day designated. open
and publish the returns oil the vote Tor GOVERNOR tho
disregard OF Its constitutional duty by
the Senate cannot operate to annul the will OF the
people expressed at the ballot box; that to hold
otherwise Is rcpugnant TO the theory OF our elective
system OF government by confcrrIng upon
one branch OF the General Assembly. partially,
the power TO veto tho popular Will
in the choice of chief magistrate by
simply refusing to be present the publication Of tho
returns, showing that the candidate opposed by tho
majority It's members had been duly elected by tho
people, that II the essence must yield to the time or
method, and tho substance to the form, In constituting
the constitution, then d. H. Chamberlain himself has
been the constitutional Governor OF South Caro-
lipa for tho constitution expressly declares That tho
Governor elected after Its adoption 10 1868 shall
be installed on a day provided for by law;
and no day has yet been designated by law.
Tho Judge held that Wade Hampton having received
the highest number Of cast Tor tho office of Gov
ernor at the late general election, and having been
duly installed such, the warrant Of pardon
under his hand, and the seal OF the STATE issued TO
Amizi Rosborough herein, and delivered 70 and &C.
ceptcd by HIM must be obeyed, and the prisoner Is
accordingly discharged.
Judge Mackey announced that he would flo his
written opinion on next Saturday.
Notice OF appeal at given by the counsel for
the Sheriff ana tho will DO taken up Immediately
to the supreme Court. This presents the dircct
whether Hampton is tho Governor Of South Caro-
lima