The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-02
Especial dispatch to the Baltimore SUM-
The Pardon Test i'm South Carolina
Nnxv Points in the Situation.

NOW RO1nIS LLiG
COLUMBIA, S. c., December 31.-The
argument in the Smith habeaS corpus case
was finished yesterday. Counsel for Cnam-
berlain took the ground that chamberlain
was legally declared elected by the laWIul
General Assembly and was legally installed,
and that il not so elected and installed
neither was Hampton, and Chamberlain
therefore holds over as Governor until ms
successor be chosen and qualified. The
Democratic counsel rely on the illegal char
acter OF the Mackey House, as wanting
lawful quorum, which quorum was decided
by the Supreme Court on two occasions to
be G3, IA majority of 124), while the Mackey
House is admitted to have had only SO, be-
ing majority OF the members holding the
certificates OF the Returning Board.
They also contend that Chamberlain, in
consenting to lie i1s allied by the Mackey
House, vacated the Office Of Governor, and
if not legally declared elected and installed
cannot resume the position he held as Gov
ernor holding over, prior to that installa-
ton, any more than he could do so II be
had formally resigned and his resignation
had been accepted. They maintain further
the legality of the Wallace House, and con-
tend that the absence OF a full Senate was
the fault OF the Senate. which had been
duly notified, and that such absence could
not prevent the House from discharging its
duty of declaring the election imposed by
the Constitution. Judge Carpenter reserved
his decision. E..
one of the most interesting features OF
the situation is the general refusal through
out the State of the officers formerly APP
pointed by Chamberlain to surrender their
offices to persons now appointed by him in
There has been no pb9tcal collision so
far, although there was danger Of Il row. in
Orangeburg yesterday. An ally OF the
newly-appointed county auditor caused the
arrest of the actual auditor on groundless
charge Of larceny, and while the accused
was giving bail for his appearance the claim
ant took possession Of the auditors office.
The actual auditor, however, had secured
the books and official papers, and, with a
store of fuel and provisions, is camped in
the courthouse awaiting developments.
The point has also been made that cleo
tons of county officers held in November
throughout the State were illegal, the statute
requiring such elections to be held in Octo-
Der not having been amended when the date
of holding elections Of State officers was
changed from October to November.
This question is raised originally by the
Democratic incumbents in Charleston, but
affects adversely many more Democrats than
Republicans in other counties. Eminent
counsel consider the point we'll taken, and
il the courts so decide new elections will
be necessary, at which the Democrats can
do much better than in November, when
they were badly beaten in the coast coun-
ties. Five at least OF the eight circuit
judges are believed to be in sympathy with
the Democratic view of the law governing
the questions arising from the election.
Meetings are about to be held i'll every
county to express the determination OF the
people to pay no taxes to the Chamberlain
government.