The news and herald. (Winnsboro, S.C.) 1877-1900, 1877-02-08
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WHY HAMPTON rs GOVERNOR.
JUDGE lACKEY IN9ERPREI,S TIE
-. CONSTITUTION
A Review Of the facts Tho pretensione
of Chamberlain Exposed Sound Law
and Sound Policy.

ana Sound Pol1cy.
Judge Mackey has rendered a
decision affirming the constitutions
ality of Governor Wade Hampton's
election and installation as Governor
of South Carolina. Tho opinion is
written out at length and synopsis
only is here given. The decision
was rendered in the matter of a
ha5cas corpus m@do W AMI Ros-
borough, colorod man sentenced
on tho 22d September. to sixteen
months Imprisonment in tho Jail of
Chester, for assault and battery
upon white man. A pardon was
issued by Governor Hampton to
Rosborough, whith the sheriff Of
Chester refused to recognize. w.
A. Walker, Esq, appeared for the
prisoner, and Solicitor CASTOR for
the sheriff Tho wit was mado
returnuble on tho 31st January.
The opinion was fled on the Sd
l'ebruafy
Judge Mickey declares that tho
issued involved in the petition is
three-fold-as 10 tho right of tho
people to have enforced their will
expressed at the bnllot-box, as to the
right Of personal liberty Of the pris-
oner, and us to the right of II citizen
to hold, and exercise tho duties Of
an office to which it is alleged he
has been duly elected and into
which it is alleged he has been in
stalled
The Court find as matters of fact :
That D. H. Chamberlain was elected
governor in 1874. That an election
was held on the Tth November, 1876,
at which there were only two candi
dates, Wade Hampton and D. H.
Chamberlain, and that by the re-
turns of the County Election Com
missioners, Hampton received
92,2Gl, and Chamberlain 91,127
votes, being a majority Of 1884
votes for Hampton.
That one hundred md twenty
four members we're elected to the
House Of Representatives. That of
these tifty-nine having canyassing
board certificates claimed to or
ganize under r.. w. NJ NIackcy as
Speaker, and fifty seven holding
| said certificates, and eight having
, certificates from the Supreme Court,
but who had been debarred from
entering the hall by tho troops,
sixty-iivc in all, met in Carolina
Hall and organized with w. II.
Wallace as Speaker. That Mackcy
declared Chamberlain elected by
arbitrary thowing out the votes Of
Edgeiield and Laurens, without
tgoing through the formality of a
contest. That the Supreme Court
decided the MacLey House unoon-
stitutional, thereby rendering all its
acts unlawful That Wallace can
vassed the votes for governor in
! the presence of the Constitutional
House and of such Scnators as
attended. That,tho failure to at
tend in bodysyy the Senate after
notification from the House was II
icFolutlonafy act' unprecedented III
history. That Wade Hampton was
declared elected, by Speaker Wal
lace, and thercupon took the oath of
Office and was qualified. '...
a Legal INAUGURATION.
The vote was declared upon
certified copies Of the county re-
turns, and upon certificate of the
then Secretary of State, II. T..
Hayno, that Wade Hampton had
received, including the returns from
Edgetield and Laurens, 92,261
votes, and D. II. Chamberlain
81, ,127. The Constitution provides
that when original returns have not
been received, certified copies may
be received from the Clerks of
Courts Of tho Respective counties
Much more should they be received
when the Secretary of State, by o
revolutionary act, and q Gagrant
contempt Of Court, withheld the
returns,
The declaration of the election of
Hampton must stand until O. formal