Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-03-31

The South Carolina contest promises, lot the
next week at least to be the leading topic OF dis
| cussion in the political world of Washington
Such being the case it will not be amiss to orieny
review its history and present condition Al
every election held in the Palmetto state since
1868, the republican party had maJorities ranging
from % 900 to $4,000. These were honest MAJOR
tiles, and represented the real sentiment oil the
State There is no evidence that this sentiment
has changed during the past year, and the small
majority given for the republican candidates last
November cannot be taken as an indication that
the party named has lost any Of its strength. The
nomination of Wade Hampton for Governor was
distinct announcement, in plain terms, OF
a purpose to carly the State on the
| Mississippi plan. This was announced by speak
ers in the nominating convention and at the rat-
fcation meetings held Immediately after, and no.
tably by one Gen. Fergerson, who appeared at
Columbia at the time Of the convention, and va
rious points in the State subsequently. as the ex-
ponent of a system of outrage and intimidation
The canvass from this time on was simply an ef-
fort to overcome the republican majorites by ter
rorism, intimidation, and all forms of violence.
Events like the Hamburg massacre, the Ellenton
riots, and other incidents Of open and widespread
violence were simply the salient features 10 the
general campaign. The election took place under
these influences, and a result the democrats
claim to have majority of the votes for Cover
nor aud Lieutenant Governor upon the face of
the returns. The Returning Board of the state,
upon canvassing the returns, finding evidence OF
fraud and violence prevailing most widely 10 the
counties of Edgefeld and Laurens, declared that
no legal election had occurred in those counties,
and gave no certificate of election to members OF
the General Assembly or to the county officers IN
them. In this way only ll6 out of the ia mem
: bers comprising the House OF Representatives
were furnished with certificates by the Returning
Board and Secretary of State. The canvass OF
, the returns for Governor and LeutenantGover-
nor, under the Constitution of South Carolina is
made by the General Assembly in Joint Conven-
ton On the 2Sth of November, when the Leg
islature met, members from Edgefeld and Laurens
claimed their seats on the ground that upon the
: face of the returns they were elected, but were
excluded from the House of Representatives.
Whereupon the entire body of democrats elected
J to the Assembly seeded and organized what has
since been known as the Hampton House. The
: remaining so members met in the State house, in
! the hall OF the House, and organized, and have
since been known as the Chamberlain or Mackey
? House. The Senate has never been disputed A
majority of that body, Is out of 81 elected, are
republicans. This Senate, acknowledged to be
republican, and the Chamberlain House met in
joint convention on the 9TH of December, and pro-
Lieutenant Governor under the provisions of the
Constitution, and rejecting the vote OF Edgefeld
and Lsurens Counties upon the same ground as
they had been rejected by the Returning Board,
declared Chamberlain elected by Q majority Of
5000. On the l4th of December the Hampton
House alone, without pretense OF Senate, and
without any lawful or regular returns of the cleo
ton, proceeded to declare Hampton elected. The
legal grounds upon which the republican case
rests easy TO be understood. The party named
, claim that Chamberlain has been consttutionally
, declared elected Governor by lawful Joint As
sembly, consisting Of the Senate and House of
Representatives. They claim that the 90 members
who organized the Chamberlain House constituted
q quorum of all the members elected, only lie
having been declared elected by the Returning
, Board. This claim is in accordance with we'll
known preccdents occurring in Congress under
the provisions of the United States Constitution,
which are in terms identical with corresponding
provisions in the South Carolina Constitution.
The power Of the General Assembly. in joint con-
venon to reject illegal and fraudulent votes rests
upon precisely this same grounds that the right of
Congress TO reject illegal or fraudulent Electoral
votes rests, and under recent discussions and de-
cisions is too clear for argument. Chamberlain
was duly inaugursted under this declaration of
his election, and has since been in the active
ercise Of the duties of his position, and in full
possession of the executive office and archives.
There would seem to be no lawful ground want
ing to complete the legal validity of this claim.
There is another view that republicans put for
ward, which is, that if Chamberlain not duly
elected, and has not been constitutonally de-
csred elected under the recent election, he is,
nevertheless, Governor "until his successor shall
be chosen and qualified" They say that il there
is defect in the Chamberlain House of Repre-
sentatiyes which tends to invalidate the claim of
Chamberlain TO be Governor under the recent
electiop, Hamptons claim being evidently Of even
less value, Chamberlain remains Governor for
want of a successor. This view has been sus-
tanned even by Judge Carpenter, one of Governor
,hn. MI
presides over the Columbia Circuit, and also by
Associate Justice Wright. of the Supreme Court,
in habeas corpus case brought for the purpose
of obtaining decision upon this question Re-
publicans claim, therefore, that under any posi-
bic view of the law and facts Chamberlain is now
the lawful Governor Of the State.
On the other hand, democrats claim, a. has al
ready been stated, that Hampton is elected upon
the face OF the returns. This Is not true, as a
matter Of fact. Upon the face Of the returns, in
Guiding the well known Robbins box, in Barnwell
county, the legality of which was doubted by the
Returning Board, at the time of their canvass of
the votes, to such extent that they omitted it in
their aggregate Of the votes, Chamberlain still has
a majority. The only irreg ularity connected with
the Robbins box. by the way, consisted in the fact
| it was not returned to the Board of County Cam
vassers at the county seat until after that board
had commenced to canvass all the county returns.
This delay was caused by an armed force of men,
who met the messengers in charge Of the box on
their way to the county seat, and compelled them
to turn back. BY reason of this delay the box did
| not reach the county seat until o'clock of the
night on which the canvass took place, and even
then the County Canvassers were afraid to receive
| it on account Of the threats of armed men who
surrounded the building in which they assembled.
The box was therefore taken charge OF by the mes
sengers. who brought it to Columbia where the
return was made to the Board of State Canvassers
As has been said, owing to the irregularity attend
ing it and the want at that time Of sufficient evil
dence to establish its validity, it was omitted By
the State Board in their count of the Electoral
vote. rs we'll in their canvass of members of the
General Assembly. This resulted not only in Civ
ing the county of Barnwell, unjustly, to the dem
ocrats, but did give Hampton upon the face OF the
returns an appsl ent majority of 1874. Whereas, if
this box, which had majority of 347 republican
votes, had been canvsssed, the result would have
been that Chamberlain, upon the face Of The re
turns. would have had majority of ll3. The re-
publican members of the House Invcsti-
eating visiting Committee which visited
Columbia and Charleston in December, as well az
the Senatorial committee, which spent six weeks
in Columbia during the past winter, both have
made full reports. Including the testimony taken
upon the Robbins box. and both have reached the
conclusion, without hesitation or doubt, that the
Robbins box was valid, and ought to have been
canvassed by the Board of State Canyassers 1t will