The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-03-29


islwss as his own successs., AID without
segsd TO the .ilio&a}ity of TIE, body ,hS
appeared befoEcs, I ana Of, opinion from
The an9lpgies, II. the law. that he abanI
dOned the constitutienai fsShglf % Hold
over until his islecesssgl had oquAiiadds
and. IN tho language oseItQFa Somerss il
King James caqe, "diseyged and abdit
catedn hib former 6fic9, t. I'll intc3ts1 did
PURPOSES, Md Wis thereby e5t6bped ffotrfl
ever after from qaestiouing hisftooWnedet
ibeEata oct, BigeloH ep sEstoppek, 5e2s
Bank p. g. va. Lee, ,43. Bee "a, j19;, OH
Cranch, Cir. Cf, p. 319; fyesmont VS.,
Society for Propagation, orc Gospel, I
If this be!tEuc. Wade, Ha,apton,, VIZ
had been elected by, majority of the
votes cast, would, from that moment,
upon taking the oath Of Office. Have beeri
Governor dc Jdctoif not de jurc, ssithous
regard to any formal declaration or in,
stallation. But has Hampton, at any
time, been lawfully inducted into Office
| and Is he now Governor de .jafe or tho
State Of South Carolina? Ga the 18th
Decembey, 1876, the body which had
Seen a9jldged BY the Supreme Court 10
be tho Constitutional House of Repre-
sentatives, az Is In proof before me, sent
formal notice to the Senate, r@hich was
placed in the hands of the pr.sidiug Off
Ger, lwhe for some nnexplai ned Eeason
failed to publish It, that they would ON
the next day, 14th December, 1t p. m,
proceeded 70 open and publish the returns
of tho election fox Governor. :, The Senate
did not attend as . body on that occaaion,
bvt number OF the members we're pres
ou m II, -
the Journal Of the House for that day, It
is fair to presume they all had setu,i no.
tice, as they certainly had Of the illey ality
of the House they had before been acting
with. At the hour appointed the returns. 3
which were sworn transcripts from dupli-
Gates of the originals which; sere with
held from them, obtained ,froua the Offices
of clerks of the court whore they are filed
by constitutional direction, and also a
| certificate and statement Of the votes cast
from the Office of the Secreta1- of State.
as taken from the originals, were opened
and examined, when it was ascertaiusd
that Wade Hampton had received ma
tjority of 1874 votes, as before stated,
whereupon he was formally declared
Governor of the State of South Carolina.
! On the same day he was duly qualified
and entered upon the duties of the office,
which he has continued to discharge SO
far Us permitted by surrounding adverse
circumstances, up to. the present time.
It has been stated that the returns, used
by the lawful House of Representatives
in ascertainiug and declaring the result
Of the election for Governor, where trans-
cripts from duplicates fled in the offices
of clerks of court, and it does not apIerz :
whether any effort was made, bY process
Of attachment or otherwise, to compel
tue persons claiming to. be officers OF
what is popularity known as the Markey
House to deliver the originals. Is Is
possible that by such proceeding, which
was legitimate and proper, after the de.
Pcisi6ni cf the Supreme Court had deter
mined the lawful HouEeJ the primary
evidence Of the election might have been
obtained, which wogid have avoided one
of the objections raised to the declaration
of Hampton's election. ] suppose, how.
ever, that the state of efairs existing III
Columbia at the time was q sufficient ex.
.cuse foE,resorting to seeqpdary evidence
aad therefore justifies. the action taken
Heweyey That may be. do not regard i
as affecting. the result. The transcripts
of duplicate . EeturRs, With the; official
certificate of the Secretary of-Gtate, al-
thoagh. secondary evidence, ,WasI il mdy
be presumed, the best. that ioeuld be. hpd
| and am of opinion was sufficient under
the terms of the Constitution. And go
tooa Niisit Fsssid 20 the; Tfsefeg ,pf the
Senate at the opening of the returns. II
not actually, it mUstIbe held to hASe, been
constEuctively preeent., 4 @ OthersViseS after
the recognition of the lawful House by
the Supreme Count; itsvould have wiiful-
al 1osy
thereby giving sanction to "a great wrong,
electors ns expressed through the ballot
box, which would have been repupnant
| alike to good law and good MORALS. TO
enforce right or prevent ai,YTr,g the
laW.szill, as to details az. nero matters
of fotsa, presume tn 3 dIase been done
which ought to have ibsen done.i aa;@r
/ am Of opinion, therefore, that Wade
Hampton wes made G5veFhoti In and
over the State Of South Carolina, through
The .ballot-box, in accordance with the
Tth November la5tnn JNiaSs hBi Qualified
| if not following tie letter, I'm fhsbbifii
! aid intent of the Constitution OH tlfs
1athi December last. That he has been
eiEeS that tihIe aud Is now, the Ia ta
Governoro of South Carolina, and siioafd
4be obeyed and respected saccoFii5 ~. lIs
| follows from these Views ithla ID? IA.
Chatnberlain wasi not Gt,vsfnof on the
Bird January. 1877, the date of the com.
mission Of w. T. Dover rs d rtfidl Justice
fSio che City Of Chhrlcit Z &fa tins his
appointhnensia and eUinhtlssi6iii lweTS wftaal.-
out lawful authority and void! ia. i-ofliH
It IL sfetsfoze, ordered thhh the fdlasor,
James Flynn, be discharged and gohenc6
'.@.,.9a:A@.... 4 @ -.aaiy oF' rlha7HI. sPt REED,
| ~ Match20. 1877. 81, 70 d9p,t EiN liri
BENEFIT OF BEING KNoqisEp Nc i ARoUr. ,,sf
-7Ltis o good thing fora lyapng IMAM to
Be knocked absat in, the Udria,H4 al
though his sofe- hearted pare:::...=> not
thinE so. AllyoQtha,oor ie not all cor.