The daily gazette., 1877-03-21
Hampton Declared (OVcrntr.

IMPORTANT DECISION BY THE CHARLES
TOWN, Is. CO. coURr-HAMproN DE !.
cLARED THE LAWFUL GovERNoR--A
RADICAL PROP UPSET. .,
CHARLEssoN, 8. c., March 20.-Char-
leston has been for many weeks the only
point in South Ctrolina at. which a vest
ige remained of Chamberlain's assumed
authority as Governor. Mainly through
the boldness and persistency of the motor
ious U. Z. Bowen, sheriff, the machinery
OF justice here has been constantly and
eficaciously used as prop for the usurp
e. But the prop was removed to-day.
Judge Reed. Of the Circuit Court, has fol-
lowed up bis decision Of last week by one
much more important and sweeping, and
by one decree has established the peace
inl rule of Governor Hampton in the
Charleston circuit. a'.p- .a
The object of the case before him was
to induce recognition of one Of the two
persons claiming to be Governor of the
state, and was the first case involving di-
rectly the question as to who is Governor
that has arisen or been argued in this cir
cult. A clearly defined and well under
stood issue was made. The arguments
were elaborate and complete. Judge
Reed renders decision which not only
settles local conflicting claims to official
recognition, but gives concise and COM
plete statement Of the law of elections for
Governor in South Carolina, and logic
al and conclusive demonstration that
Wade Hampton was lawfully elected was
lawfully qualified, and is Governor ofthe
State.
Judge Reed, takes. as the cornerstone
OF his argument, the constitutional pro-
vision that the person having the highest
number Of votes shall be Governor. The
fact is indisputable that according to the
statements of the county canvassers Wade
Hampton received the highest number of
votes for Governor, and under the decis
ion OF the electoral commission in the Flo
rida case these statements "cannot be
gone behind" By simply taking the oath
OF office, without any ceremonial, Gener- |
al Hampton, having received the highest
number of votes, would have been Guali- l
fled to act as Governor.
But Judge Reed decides that he be.
came Governor according to the forms |
as well as in substance, and that both
the letter and the spirit of the law
were complied with. Not only does
he decide this, but he decides that
Mr.. Chamberlain, in suffering him.
self TO be installed for q new term,
disowned and abdicated his former |
office, and cannot question his own de-
liberate act. The effect of the decis-
ion is twofold. 1t remands to private
life every person in this judicial circuit
who has been commissioned for any
purpose by Mr.. Chamberlain since
December ID, when Governor Hamp-
ton was installed, and 1t gives undis |
puted authority to every officer com-
missioned by Governor Hapton, and
makes effective and conclusive every |
other act done by Governor Hampton
in his circuit.
The decision is absolutely final, for
there are only two judges remaining
upon the Supreme Bench, one of whom |
has already made a precisely similar
decision. Charleston county alone
contains nearly one-thlrd of the taxa
BILE property in the State, and in Char
lesion dual government is at an end.
CHARLESTON, s. c., March 20.-l
Judge Reed, in the Circuit Court to-
day, rendered his decision in the Flynn
habeas corpus case releasing Flynn
on the ground that Chamberlain has
no lawful authority as Governor. The
decision concludes as follows:
81 am of opinion therefore that Wade
Hampton was made Governor in and
over the State of South Carolina
the ballot>box in accordance
with the constitution at the election
held on the 9TH of November last: that
hequalified, if not following the letter
in the spirit and intent of the consti-
tuition on the 14th of December last;
that he has been since that time and
Is now the lawful Governor of South
Carolina, and should be obeyed and
respected accordingly. 1t follows from
these views that d. Fl. Chamberlain
was not Governor on the Sd of Janu-
Try. 1877, the date of the commission
If W. F. Dover as trial justice for
he city of Charleston, and that his ap-
continent and commission were with
)ut lawful authority and VOid -