The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-08
Judge Carpen.er,s Decision.

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Judge Carpenters Decision.
The reports heretofore given hardly
give an accurate idea of Judge Carpen-
tcr's decision. The Judge finds as mat
tiers of iact
l. That chamberlain wa, elected Gov
ernor in 1874, and duly installed.
2. That an election was held on 7th of
November, 1876, for Governor and mem
beT of the General Assembly, and that,
according to the election returns, Cham
berlain received 81 ,l27 votes, and Hamp-
ton 80, ,2Gl-a majority for Hampton Of
1874.
3. That the echoIe number Of members Of
the House Of Representatives. elected at said
election was 1874
4: That the Mackcy House was organ
lied by 50 members.
8. That on tho 9th day of December
last, the said Mackey having received the
election returns from the Secretary of
State, proceeded, in the presence of the
Senate and the body over which he pre-
sided, to ol md publish the same that
the votes returned from the counties of
Edgcficld and Laurens were, ,Cithot for
mat contest, proof or debate, excluded by
II separate vote of the Senate and the
body over which he presided, and there
upon said Chamberlain was declared by
said Mackcy duly elected Governor for
two years. That. on the 7th day of De-
ccmbcr last, before the same bodies, said
Chamberlain assumed to take the oath
prescribed by the constitution and deliver
the address usual upon installation, and
from tllat time has claimed l.. be Gorer-
nor by virtue of his last election and in
stallation.
&. That the Senate was organized ON
the 28th November, and recognized the
Mackey House.
7. That on the 2Sth November the
Wallace House organized.
3. That ON the 14th December the
Speaker, not being in possession. of the
election returns, in the presence of the
House and some Senators published the
secondary evidence Of tue votes aud an
nounce. that Wade Hampton had re-
ceived Il majority of the votes, and that
upon the same day and in the same pres
ence Wade Hampton assumed to take
the official oath, &c, and has from thnt
time until the present claimed to be Gov
ernor of tAn State and to net rs such.
Havina iccided these issues of fact, the
Judge y1ln examines into the legal as-
pect of the case
He holds distinctly that "the election 6y
the rote5s Of tie State coaters The k;tie." and
makes it tho only inquiry in the case,
whether either Of the claimants have
complied with the constitutional condi-
tions precedent to entering upon the dis
charge Of the duties Of the office of Gop-
crn0r.
He holds, in answer to this inquiry, that
no Governor can be constitutionally in
stalled except by the publishing of the
returns, &C., in the presence of the Gen
eril Assembly, made up of both the
Senate and the House, and fer this reason
that Governor Hampton (aithough hay
ing the title) was not legally installed ON
account of the :.bscnce Of the Senate
He also decides '.that the body over which
Mackcy presided was not simply illegal
from being incomplete, but actively so, hi
otating positive ia,c and ,isurY,ing tie right
JW authority Of the House of Representa-
tireS," Il. c. the Wallace House,) and
hence "that all its. acts were illegal ara
void, and the attempted installation of
Governor was without lawful authority,
and conferred no right whatever"
From these premises, he concludes that
Chamberlain's installation before the
Mackey House and the Senate being
absolutely void, could not amount to the
surrender of his old term, and, therefore.
for want of the due installation of his
successor, ne now holds over under his
old title acquired by the election Of 1874.
1t Is not our purpose now to criticise
this decision. We do not believe it to be
sound law still the Senate can, through
q conspiracy with the incumbent Of the
Executive Office, retain him in Office and
defeat the installation of his successor.
But we wish now only to call attention to
what this decision really is.
1t is decided, on the one hand, that
Governor Hampton was elected that his
election conferred upon hiIn, under the
constitution, the title to the office. and
that the Wallace House was the consti-
tutional House Of Representatives and,
on the other hand. it is decided that the
Mackey House was q revolutionary body,
Violating positive law, and usurping the
rightful authority of the House OF Repre-
sentatiyes." In plain English, that row
ernor Hampton, being entitled to the
Office, cannot, in strictness OF law, euter
upon the discharge OF its duties because,
and only because, the Senate refused its
recognition To the Hon 70 Of Representa-
tatives, and entered into conspiracy
with n revolutionary body aud b. III.
Chamt~ rlain for the purpose of continu-
ing the latter in office Register.
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