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

phens, alias Tilda Norris-Opanaon 6y
Willard, A. j. - s
A. final order was made in this case on
the 9th day of February last past, with
the concurrence of Associate Justice
Wright, at conference Of the 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 ha5eas corpus by
discharging the prisoner. -Atthe 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
memorandum having the signature of
Judge Wright, purporting to be revoca-
ton of the previous order in which he
had concurred. - -
Without receiving any subsequent
communication from Judge Wright, I
attended the Court on Friday, the I'd day
Of March, pursuant to adjournment. SOL
T It was my intention to express orally
at that time the results to which,I had
arrived as to the questions involved in
the case, but in consequences of the abb
sence of Judge Wright, the court was
necessarily adjourned, and no opportuni-
ty afforded for such statement. / deem
it important, in view of fthe important
questions involved, deeply affecting the
interest and feelings of the people of the
State, and in view of the anomalous and
unprecedented character of the recent
proceedings taking place before court
of last resort, to put on record brief
statement of the results arrived at by
myself intending to place them in the
form of q formal opinion at the earliest
practicable moment:
My conclusions are:
1. That, according to the returns of
the managers of election in the several
counties, made in duplicate, and one
copy thereof transmitted, sealed, to the
Secretary of State, and the other filed 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 at the election held on the7th day
of November last. :.
That such being the fact, he became
Governor of this State by the direct de-
claratioa of the constitution, contained
in the following words: "The person
having. the highest number of votes shall
be Governor;n there having been no con-
test of the votes for Governor, recognized
by a concurrent resolution of the two
houses of the General Assembly, as pre-
scribed by law, under the authority of
the constitution, contained in these
words: Contested elections, for Gov
ernor shall be determined by the General
Assembly in such manner as shall be pre-.
scribed by law" Art 8, sec. 81 III -.
That inasnuch Us no contest existed
under the constitution, and no two per:
SONS had equally the highest number of
votes, 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 be during the first session
of the Legislature. .H.5
That the only object of the opening
and publication of the returns was, in
such case, notice Of the facts disclosed
by the returns. a
I also conclude that the provision de-.
claring the person receiving the 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 of the Speaker of the
House of Representatives, as it regards
opening and publishing the returns in
the presence of the houses so that if the
latter is unperformed the former is enti-
tied to full force and effect.
2. conclude that the acceptance by
Mr.. Chamberlain of the declaration of an
unauthorized body to the effect that he
was elected Governor, and taking the oath
of Office Hereunder, was an unlawful
usurpation of the Office of Governor, in
consistent with the provisions of the
constitution in reference to the right to
hold over until his successor is elected,
and duly qualified, and does not present
case for holding over within the con-
temptation and intent of the constitu-
tion. gs.sr,,,.
8. conclude that Mr.. Chamberlain is
not capable of being duly. recognized as
de facto Governor, as he is without the
recognition or cooperation of the popu-
lar branch of the General Assembly, and
by reason thereof incapable in point Of
fact to execute the functions of Gov
ernor. ~.
4. 1 hold that no executive, legislative
or Judicial act is requisite to fulfil any
condition, or remove any obstruction,
impeding the full execution of the pur-
pose and intent of the clause of the con-
stitution declaring the person receiving
the highest number of votes to be Gov
ernor, and that Wade Hampton is enti-
tied to claim the efficacy of that clause
of the constitution, and in virtue thereof
is Governor of the State of South Carroll