Orangeburg news and times. [volume] (Orangeburg, S.C.) 1875-1877, 1877-03-24

pears that he was appointed to the
office he claims on the Sd Of January,
1877, by D. II. Chamberlain, styling
himself Governor Of South Carolina.
1t is denied by the rclator that Mr.
Chamberlain was then Governor Of
he State, and insisted that, by virtue
OF the election held Oh the 7th of
November, 1876, and o! proceedings
had i'll the General Assembly aud the
courts, Circuit and Supreme, subsa.
qucnt TO that date, Wade Hampton is,
and was, The lawful Governor, and
alone authorized by law to appoint
trial justices.
The Constitution in Section 9, Ar.
ticlc 4, provides that "thc Governor
shall be elected by Tic electors daily
qualified TO vote for members of the
House Of Representatives, and shall
hold his Office for two years, and un
til his successor shall be chosen anil
qualified" and in Section 4 ol the
same Article it is dcci,t,ca that 9. he
person haring III: hiyhca u4n,bcr of
rofcs shnN BE- Gorcruor," and that
!; . g contested elections for
Governor shall be determined by the
General Assembly"
There arc other provisions in The
same section directing how the result
OF the election Shall be asccrtainc,l
and declared, bnt | regard them or
form merely, not Of substance, cxc'ud-
ing other modes under all circun-
stances; and it las not been pretend
ed, SO far as ! am informed, tha. Il
neglect of duty, or an improper or
fraudulent discharge Of the duty i'm
posed OH them, by any of the officers
through whose hands the ballot: or
returns have to pass, can vitiatc The
election and defeat, either the express 5
cd will OF lie electors Or The right Of
the person having the highest number
of votes. An election for Cove rnor
of this Stale was hclI, according to
law, OH the 7th November last, at
which Wade Hampton and Daniel II.
Cham berlain (thc incumbcnt) were
the candidates, and on opening til g
returns OF the centy convassrrs,
which cannot be gone behind, (scc the
Report Of the Presidential Electoral
Commission i'll the case of Florida )
except by contest us prescribed by
the Constitution. 1t was ascertaincd
as IS in proof before The Court, an,l
has never, to its knowledge, been de-
MED, that there were in tho L<a Hot
boxes a majority Of ,13l votes for
Wade Hampton. This would seem
to have settled the question, unless a
contest had been male before tn.
General Assembly, rs provided f,r by
The Constitution, and there was no
contest. But, nevertheless, the 0ulli
iication Of the person elected was
necessary before he could enter upon
the duties Of the Office, and in the
meantime the incumbent would have
held over under the Constitution, if
lie had elected to do so. Did he do SO :?
When the General Assembly met in
Coulumbia in November last the
members Of the lower House divided
into two sections. One Of these, con.
sistirg Of Il less number than a lawful
quorum of. the House Of Representa-
tlvcs, ms had been previously adiudg
ed by the Supreme Court in the case
of Morton, Bliss & Co. Us. the Comp
troller- general S. G. Reports,
i3O-procccdc:l to organize by elect
ing p. w. ~. Mackcy Speaker, whilst
the other, containing a Lawful! quorum,
including ccrtnin persons who, it was
charged, secured their election by
fraud AMI violence, but who having
been returned by the county cany ass
crs as receiving the highest number
OF votes, were ir'mo ./acic entitled to
their seats. was organized by lhc c!cc-
lion Of W. II. Wallace as speaker. On
the 9Th Of December. 1876, T.. ". NJ.
Mackcy, in the presence of the
Senate, whose organization was rcgu-
lar, and Of the body over whom he
had been chosen topreside, sty!in 6
themselves the House Of RnnrnSnrta