The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-03-29
settlement, there have been SO many ad-
indications directly and indirectly by
Judges on other circuits, and by the JUS
tices nf fhe Supreme COiirt.. that q recog-

indications directly and indirectly by
Judges on other circuits, and by the Jus
tices of The Supreme Court, that q 'recog-
milton by this Court Of the influence they
! are entitled to. as contributing TO a final
determination Of the controversy is I'M
,peratiyely demanded, and, on account OF
,lhe conflict of assumed official authority,
,cannot- be safely delayed longer. Fethis
end the case before the Court has been
brought, and- although a circuit decree
can have but little influence in determin-
ing who is Governor, it must for the time
being settle local conflicting claims to
official recognition, and lead to the har-
monious working, Of the Judicial system
ordained for the preservation of the
public peace, and the protection OF per-
sons and property. Having heard argu-
ment for the first time, and on but one
|, side. of the, question, / have deemed it
proper, so far, as the very limited oppor-
,tunity. permitted, to give it such consid.
Grafton as its importance demanded, and
I now, proceed to state briefly the conclu-
sions have arrived at, from. review of
the facts before me and the law applica-
BE. thereto 4 h., - 40 &: go.
+, BY. the. act of February, 1873, 18th
Statute, 355, it is provided that "the Gov
ernor do appoint, by and with the advice
and consent of the Senate, five trial. JUS
tices for the City of Charleston" which
number was reduced to four by the act of
March, 1876, 10Th Statute, 153.' Upon
inspection of the commission of W. F.
Dover, which was produced in Court, it
appears that he was appointed to the Of
fee he claims on the a3rd of January,
ils77, by d. 81. Chamberlain, styling
himself Governor of South Carolina. It
isdenied by the relator that MIR. Cham
berlain was then Governor of the, State,
and insisted that, by virtue Of the election
held on the Eth of November, 1876, and
of, proceedings had in the General As
sembly and the Courts, Circuit and Su-
spreme, subsequent to that date, Wade
Hampton is; and.was, the lawful Cover.
nor, and alone authorized BY law to ap-
point trial justices. =
The Constitution in Section q. article
4, provides that "the Governor shall be
elected by the electors duly qualified to
Yote1for membeB; of the House of Rep
reseHt Htati99es, and shall hold his Office fol
two years, and until his successor shall
be chosen and qualified" and in Section
4 Of, the same Article it is declared that
"the person haoing the highest number OF
votes shalt be Governor" and that II
Contested elections for Governor shall
be determined by the General Assem-
bly," -. ,.,,e.<.... t.
| There are other provisions in the same
section directing how the result Of the
election shall be ascertained and declared,
but regard them of form merely, not OF
substance, excluding other modes under
all circumstances; and it has not been
pretended, so far as I am informed ,that
a neglect of duty, or an improper OF
fraudulent discharge Of the dutyimposed
on them, by any of the officers through
whose hands the ballots or returns have
to pass, can l,vitiate the election and de-
feat either the expressed will of the elec-
tors or the right of the person having the
highest number of votes. An election
for Governor of this State was held, ac-
cord;ng to. law, on the 9Th November last,
at which Wade Hampton and Daniel 81,
Chamberlain (the incumbent) were the
candidatesa and .ons opening the returns
of the county canvassers, which cannot
be! gone, behind, 1{see; the Report of the
Presidential. Electoral Commission in the
case of Florida except by contest as
prescribed by the Constitution, it was
ascertained, as is in proof before the
Court, and has never, to its knowledge
been denied, that there were in the ballot
boxes majority of l,134 votes for Wade
Hampton. This would seem to have set.
tied the question, unless contest had
been made before the General Assembly
as provided for by the Constitution, and
there was no contest. But, nevertheless
the qualification of the person elected
was necessary before he could enter upon
the duties of the Office, and in the mean.
time the incumbent would have held over
under the Constitution, if he had elected
to do SO. Did he do So? When the
General Assembly met in Columbia in
November last the members of the lower
House divided into two sections. One OF
these consisting of2a less numberlthanf fs
fawfIt Quorum Of the House of Repre-.
sentatiyes, as had b. N previously ad'
Judged blythe Supreme Court; in the case
of Morton, Bliss & Co. vs.. the Comptrol.
-Ier-G General--4th S. G. Reports, 4990-pro.
Tceeded to organize by electing E. W. M
Mackey Speaker; whilst the other, con.
tanning lawful quorum, including Ger.
tain persons who, it was charged, secured
theirelection by fraud and violence, but
| who having been returned by the county
canyassers as receiving the highest mum
bersoff fFotes, were prsma .tacie entitled tc
their seats, was organized by the election
of w. II. Wallace as Speaker. On the
5th of December, 1876; 2. W. M. Mackey
in the presence Of the Senate, whose or,
ganization was regular, and Of the body
over whom he had been chosen to preside,
styling themselves the House of Repre-.
sentatiyes, proceeded to open the election
returns which had been delivered to him
| by the Secretary of State, and after
throwing out, upon motion, the entire
vote of two counties, without protest OF
| investigation, upon pertaining. the re.
snltin The other ;counties,A made formal
declaration that I'D. II. Chamberlain had
| received majority of the whole number
of votes cast, and was duly elected Gov.
ernor, of South Carolina for the ensuing
two years" Previous to these proceed.
ings resolution which vas still pending
had been introduced in the Senate, az
appears by its journal, calling in question
the legality Of the organization Of 1.-The the
| and on the same day the question as ta
which of the two bodies that had been
organized as stated was the constitutional
House of Representatives, was submitted
to the Supreme Court in the case OF eS
rel. W. II. Wallace against b. E. Hayne
Secretary Of State, and E. W. NJ. Mackey
On the next day, 9Th December, decree
was rendered and published by that tri'
bunal q decidingithat the: body Of which
W. H. Wallace had been elected to pre-,
| side as Speaker was the legal House Of
Representatives of the State Of South
Catalina and that E, w. M. Mackey