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

Judge Carpenters Decision.
The reports heretofore given hardly
give an accurate idea of Judge Carpen-
ter's decision. The Judge finds as mat
tiers of fact:
l. That chamberlain was elected Gov
ernor in 1874, and duly installed.
2. That an election was held on 7th of
November, 1876, for Governor and men,
bers of the General Assembly, and that,
according to the election returns, Cham
berlain received 1927 votes, and Hamp-
ton 92,2Gl-a majority for Hampton Of
l,134.
8. That the uhole number of members of
the House Of Representatives elected at said
election Das 124.
4. That the Mackey House was organ
lied by SO members.
5. That on the 5th 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 open and publish the same that
the votes returned from the counties of
Edge6eld and Laurens were, acithout for
NAL contest, proof or debate, excluded by
separate vote of the Senate and the
body over which he presided, and there
upon said Chamberlain was declared by
said Mackey duly elected Governor for
two years. That, on the 7th day of De-
cember 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 that time has claimed to be Cover
nor by virtue of his last election and in
stallation.
6. That the Senate was organized on
the 2Sth November, and recognized the
Mackey House.
7. That on the 2Sth November the
Wallace House organized.
8. That on the 18th 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 the votes and an
nounce,l that Wade Hampton had re-
ceived majority of the votes, and that
upon the same day and in the same pres
ence Wale Hampton assumed to take
the official oath, &C., and has from that
time until the present claimed to be Gov
ernor of the State and to act as such.
Having decided these issues of fact, the
Judge then examines into the legal as
pect of the case.
He holds distinctly that "the election By
the uotei;s Of the State conters the title," and
makes it the 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 Co..
ernor.
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
eral Assembly, made up of both the
Senate and the House, and for this reason
that Governor Hampton (although hav-
ing the title) was not legally installed on
account of The absence Of the Senate.
He also decides 'that the body over which
Mackey presided was not simply illegal
from being incomplete, but actively so, vi-
olating positive law and usurping the right
fM authority Of the House Of Representa-
tives," Ii. c. the Wallace House, and
hence Chat all its. acts were illegal and
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, he now holds over under his
old title acquired by the election of 1874.
1t is not our purpose now to criticlse
this decision. We do not believe it to be
sound law; still the Senate can, through
a 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.
It is decided, on the one hand, that
Governor Hampton was elected; that his
election conferred upon him, 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 revolutionary body,
violating positive law, and usurping the
rightful authority of the House of Repre-
sentatives." In plain English, that Gov
ernor Hampton, being entitled to the
Office, cannot, in strictness of law, enter
upon the discharge OF its duties because,
and only because, the Senate refused its
recognition to the House of Representa-
tatives, and entered into a conspiracy
with revolutionary body and d. FL.
Chamberlain for the purpose of continu-
ing the latter in office.-Register.