The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-03-08
Judge Willard's Opinion.

parties In the past.
Judge Willard's Opinion.
Supreme Court-Er parte Tildn Ste
phens, alias Tildn Norris-O Opinion by
Willard, 4. j.
A final order was made in this case on
the 9th d:y of February last past, with
the concurrence of Associate Justice
Wright, ut conference of tho court on
that day, from which the Chief Justice
was absent by reason of severe illness.
The. order in question terminated the
present proceedings by habeas corpus by
dischnrging the prisoner. Attic request
of Associate Justice Wright, suspended
the filing Of the order until Saturday of
this week. On Thursday an opinion was
placed in my hand by the Clerk of the
Court, purporting to be the opinion of
Judge Wright, although not endorsed
with his signature in the customary man.
ner. This opinion was accompanied by
o memorandum having the signature Of
Judge Wright, purporting to be q revoca-
tion of the previous order in which he
had concurred. p
Without receiving any subsequent
communication from Judge Wright,
attended the Court on Friday, the I'd day
of March, pursuant to adjournment.
1t was my intention to express orally
at that time the results to which had
arrived as TO the questions involved in
the case, but in consequence of the ab-
sence Of Judge Wright, the court was
necessarily adjourned, and no opportuni-
ty afforded for such statement I deem
it important, in view of the important
questions involved, deeply affecting tho
interest and feelinga Of the people Of the
State, and in view of the anomalous and
unprecedented character Of the recent
proceedings taking place before u court
Of last resort, to put on record u brief
statement of the results arrived Of by
myself, intending to place them in the
form of n formal opinion at the earliest
practicable moment:
My conclusions arc:
/. That, according to the returns of
tho Taanagers oe osSotion In the several
counties, made in duplicate, and one
copy thereof transmitted, sealed, to the
Secretary of State, and tho other fiiuti in
the Office Of the respective clerks of the
courts of the several counties, Wade
Hampton received the highest number
of votes for the office of Governor Of this
State st the election held on the 7th day
OF November last h
That such being the fhct, he became
Governor of this State by tho direct de-
claratioa Of the constitution, contained
in the following words: "The person
having. the highest number Of votes ehali
be Governor !" there having been no con-
test of the votes for Governor, recognized
by q concurrent resolution of the two
houses of the General Assembly, as pre-
Bcribed by law, under the authority oi
the constitution, contained in these
words: Contested elections, for Gov
ernor shall he determined by the General
Assembly in such manner as shall be pre-
scribed by law" (Art. 8, sec. 5.)
That. inasmuch ns no contest existed
under tho constitution, and no two per-
sous had equally the highest number of
'otes, the General Assembly had no
function to perform, except to establish
by law day on which he should be in
stalled; that day being required by the
constitution to bo during the first session
oe the Legislature. ..s..'i o.t.s
That the only object of the opening
and publication of the returns was, in
such case, notice Of the facts disclosed
by the returns. .g os,. .s.s,...
also conclude that the provision de-
claring the person receiving tho highest
number of votes, according to the returns
communicated to the Secretary of State,
and filed with the clerks of the courts, Is
independent Of that preceding it, pre-
scribing the duties pfthe Speaker of the
House of Representatives. as it regards
opening and publishing the returns in
the presence of tn, houses so that If the
latter Is unperfermad the former 10 enti-
tied 10 full force and SfGsct.
2. I conclude that the acceptance by
Mr. Chamberlain of the declaration of A
unauthorized body to the effect that he
was elected GoveInor, and taking tho oath
of S.lkr thase.ndar wna an unlawful
usurpation of the Office OF Goyernor, in
consistent with the provisions of The
constitution in reference to the right to
hold oyer until his successor Is elected,
and duly qualified, and does not present
q case for holding over within the con-
temptation and intent Of the. constitu-
tion. yse lgs 4;s.
g.. / conclude that Mr. Ch9mberlain is
uet capable OF being duly, recognised as
lie .fdcto Governor, rs he Is without the
recognition or cooperation OF the popn-
lar branch of the Henarai Assembly, and
by reason thereof incapable in point Of
fact to execute tho flnctionS OF Gov
ernor.s ssf ~ ,.i,,..5 4. g.
a I held that no executive, legislative
orjudie;i acs is requisite to ,flil6l any
conditiens OK remove any Obstruction,
impeding the full execution q, ,she p,lr.
nose anu intent of tho 6lanae of The COM
stitntion declaring the peFson rece;sing
the highest number Of voseS 10 be Gov
ernor, and that Wade. Hampton q eiik-
tied TO claim the, effieaer 50 thaE cianSs
of the constitution, Lnd ia virtsS tbeSeof
is Gostreor Of the. .Stnte Of South CarosE-
ma, aud dis pardon duly ;ssned ID Satitled
70 be respected
: ~ +, .ss !, prseitl ling Justice.
Diea, ii pickahs CsuhtS, rear
Easlcy g sta.i6h, dp Jst hat, Elijah Gift.