Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-03-08
JUDGE WILLARD,S OPINION.

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Tilda Norris-Opinior by Willard, a. j.
A final order was made in this case on the
9th day of February last past, with the con.
curreDce of Associate Justice Wright, at a
conference of the court on that day, from
which the Chief Justice was absent by reason
of severe Illness The order in question ter
minated the present proceedings by habeas
corpus by dischargiDg the prisoner. at the
request of Associate Justice Wright, sus.
pended the filing of the order until Saturday
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 signature in
the customary manner. This opinion was
accompanied by memorandum having the
signature of Judge Wright, purporting TO. be
a revocation of the previous order in which
he had concurred.
Without receiving any subsequent commu.
ncation from Judge Wright, l attended the
court on Friday the I'd day of March pur=
suant 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 consequence of the absence of Judge Wright
the court was necessarily adjourned, and no
opportunity afforded for SUCH statement. 1
deem it important, in view of the important
questions involved. deeply affecting the inter.
est and feelings of the people of the State, and
in view of the anomalous and unprecedented
character of the recent proceedings taking
place before 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 at the earliest prac'
ticable moment.
My conclusions are:
l. That, according to the returns of the
managers 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 respec.
tive clerks of the courts Of the several coun-
ties, Wade Hampton received the big CHEST
number of votes for the Office of Governor of
this State at the election held on the 7th day
of November last.
That such being the fact, he became Gov.
ernor of this State by direct declaration of the
constitution, contained in the following words !:
"The person having the highest number of
votes shall be Governor" there having been
no contest of the votes for Governor, recog.
nized by concurrent resolution of the two
houses of the General Assembly, as prescribed
BY law, under the authority of the .constitu.
ton, contained in these words: Contested
elections for Governor shall be determined by
the General Assembly in such manner as
shall be prescribed by law" Cart. 3, sec. o.
That inasmuch as no contest existed under
the constitution, and no two persons had
equally the highest number of votes, the Gen.
eral Assembly had no function to perform,
except to establish by law day on which he
should be installed; that day being required
by the constitution to be during the first ses-
sion of the Legislature.
That the only object Of the opening and
publication of the returns was, in such case,
notice of the facts disclosed by the returns.
I also conclude that the provision declar-
ing the person receiving the highest number
of votes, according to the returns communi.
Gated to the Secretary of State and filed with
the clerks of the courts, is independent of
that preceding it, prescribing the duties Of
the Sneaker of the House of Representatives,
as it regards opening and publishing the re-
turns in the presence of the houses so that
if the latter is unperformed the former is en-
titled to full force and effect.
2. 1 conclude that the acceptance by Mr..
Chamberlain of the declaration of an unau.
thorized body to the effect that he was elected
Governor, and taking the oath of office there
under, was an unlawful usurpation of the Of
fee of Governor, inconsistent with the pro-
visions of the constitution in reference to the
right to hold over until his successor is elect.
ed and duly qualified, and does not present
case for holding over within the contem'
plation and intent Of the constitution.
8. conclude that Mr.. Chamberlain is not
capable of being duly recognized as de tacto
Governor, as he is without the recognition or
cooperation of the popular branch OF the
General Assembly, and by reason thereof in.
capable in point of fact to execute the func'
tions of Governor.
4. I hold that no executive, legislative or
judicial act is requisite to fulfill any condi.
tion, or remove any obstruction, impeding the
full execution of the purpose and intent OF
the clause of the constitution declaring the
person receiving the highest numb ber of votes
to be Governor, and that Wade Hampton is
entitled to claim the efficacy of that clause OF
the constitution, and in virtue thereof is Gov
arnor of the State of South Carolina, and his
pardon duly issued is entitled to be respected
A, ], WIL4ARn,
Presiding Justice.
@-The improvements in the long'rangs fire.
a-a.s haua poada the ha unnat and sabre com.