The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-17
SOUTH CAROLINA.


CORRESPONDENCE. BETWEEN THE REPUBLICAN
STATE OFFICIALS AND GOVERNOR HAMPTON
REFUSAL TO SURRENDER FOLLOWED By
CLOSING OF THE OFFICE ROOMS.
lBY TELEoRAPH TO THE HERALD
COLUMBIA, April 10. 1871
After prolonged consultation this morning. at which
Mr Chamberlain was present and is thought 10 have
taken prominent part the republican officials decided
to decline 10 comply with Governor Hampton's de-
mand for the surrender OF tho Offices occupied by
them. The grounds upon which they base their refusal
fully forth In the following letter addressed 10
the Governor to-day
LETTER OFFICIALS.
EXECUTIVE DEPARTMENT, J
OFFICE or ATTORNEY GENERAL,
CoLrxnA, S. c., April TO- 1871 J
To WADE n. MANNING, Private Secretary
SIR-Aftcr confcrrng July with each other we have
concluded 10 reply Jointly 10 the communication ad-
dressed by you the l4th INST as u comparison
Of Their contents indicates that the subject matters OF
each are varied only to the extent OF their personal
applicability on the 9TH day OF November last we
legally elected tho several Offices tho functions
OF which wo respectively exercise OF this fact
We were duly appraised by The state Board OF Canvass
crs who aono were competent by law to determine
tho result OF the election. Upon receipt
OF the notification to that effect through
the necessary bonds and taking the Uahs
OF ONCE, and were thereupon commissioned by tho
then undisputed executive OF the State Having
thus complied with all the requistons OF tho law
the subject, we entered upon tho discharge OF our
duties enjoyment OF officers OF
State subsequently, contests Tor the possession Of
our Offices wcro made by those TO whom had rc-
spcctively been opposed as candidates TOR clccion
anu proceedings in quo warranto were begun in tho
Supreme Court OF tho State test vaiidity or
titles TO such Offices. No Judicial determination OF
the matters controversy has vet been reached, and
untii such determination is had conceive OF nc
reason OF law tact which would justify In CON-
plying with tho wishes OF the Governor Indicated
your communication.
We arc IN no sense claimants Tor the various Offices
which we HiL wo arc lawful possessors aud are in
maintain them against those who as plaintiffs are Ask
Ing that we should DO oustcd In this phase OF tho
case, and Il is the only which DO properly
scntcd TO the Governor, II would be legal absurdity
for US to voluntarily shit positions with our con-
tcstants and would result logically In complete ADAM
donmcnt OF our rights
We, therefore, respectfully decline to comply with
tho request indicated by the Governor. We are not
inscnsibe fact that 1t is physically competent
for the Governor 10 carry his wishes into effect by
records While we shall mako resistance to such
process that, should he determine to initiate
II. wc trust that the same scnse Of ''respon-
sbility for the proper discharge of tho admins
tratIon," which he pleads IN advance As a
justification TOR tho covert threat OF force, will inspire
HIM 10 pause before taking step that will obviously
trench upon rights guaranteed by tnas constitution
which he has sworn 10 obey Very respectfully your
obedent servants.
ROBERT b. ELLIOTT,
Attorney General, south Carolina
JOHN X. ToLBERT,
State Superintendent OF Education.
JAMES KENNEDY,
Adjutant and Inspect or General
The remaining officials returned separate answers,
tho points OF each being substantially tho Same as
those Of the lcitcr above given. Immediately upon
rcceip. OF those sevcra! communications from tho rc
publican secretaries Governor Hampton addressed to
each tho following further and final document tho ad.
dress alone differing in each easel
LETTER OF yms GOVERNOR.
STATE SouTH CAROLINA, l
EXECUTIVE CHAMBER, COLUMBIA, April ia, 1871
Hon. I. q. DUNN, Columbia, :. &. -
SiR-l am directed by tho Governor TO acknowledge
your reply TO his communication OF the l4th inst In
that communication he discaimed any desire 10 pre-
| judge the claim you arc asserting in the courts
| To have been elected Comptroller General, but
stated that nohng la present position
tsing you In bis Judgme The custody the records
and use OF the rooms Of tho olicc referred to. He
further suggested as tending 10 disern tho
operate ion OF the Executive Department OF which no
Is undispricd charge AMI IN tho unobstructed
conduct OF which tho public welfare Is so largely in
voved, that you turn over subject, II you desire H.
the decision OF the hereafter rendered.
the and records TO Mt. hngood, whom he had
recognized and stoned. Your refusal To adopt
the suggestion renders u obligatory on him TO
adopt the necessary means OF protecting tho state
property and records pending the controversy. In
his judgment this best DO done, with due regard
to the personal rights insisted upon by scaling UP
rooms now occupied by you ana instructing tho
Keeper OF the state House TO allow tho part
OF them Till tho legal issues decided. Ho
objection to your locking the rooms bcforo the
seals applied and retaining tho keys Instructions
to this effect will he gwen tho Keeper the state
' WADE H. MANNING. Private Secretary.
| Tho correspondence between tho Governor and Mr..
Cardozo tho republican State Treasurer. varied
somewhat from the above account OF q statement
In his letter Of what had passed between them an
interview few days ago. The Governor replied, cor.
rccting tho Misrepresentation the Secretary laborcd
under Otherwise TINS portion Of the proceedings
conformcd literally to that given above
Tho controversy closes at this point for the present.
as the secretaries will interposc further resistance
All OF them, indeed, to-day removed their private
papers from their Offices to their respective residences
in anticipation Of assured cjectment tomorrow.