The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1900-05-16
TIE MAN VINO HELPED HAMPTON
he Was "A Carpet Dagger" hut He
Decided the Law la Favor OF his
Political Op ppunenH

hc Was Carpet dagger" But He
Decided the Law in Favor OF his
Political Op punens.
Hon. n. }. Willard, formerly chief
justice OF the suprome court OF South
Carol,ua, died suddenly OF apoplexy on
the 9th inst. AZ his home in Washing
;on, d G., ia the 10Th year Of his age.
He was born in Albany, n. Y.
Mr.. Jonn $ Reynolds, OF Columbia,
mas written the following sketch Of
Judge Willard, VINO WA once an i'm.
pUrtAnt aud spicuOus factor ip the
affairs OF SOUTH Carolina. Mr.. Ray.
noidS has written from memory, but
his statements @ro substantially cor.
rect
Judge Willard came To this State as
lieutenant CCl0pUi OF regiment Of
United States CDoucd troops. His
command took prrt N tho Oattlc OF
huncy Hiil Nov. 30, lS6l-upe OF the
hottest ana most remarkable tights in
the WHr Of Svueesion--nud wus mon
JiOned by hts commanding general in
hiS report. Tic came first into geueral
uOElGU b. his conn, CIiun with u military
commission ia Charleston in 1866,
which tried thr, = oitiHsus ui Anderson
district for the HllcEcd murder OF a
Unitgd states soldier. Col. Willard
was recorder OF tho commission, and
hls prOsCCutlOu. whilst naturally harsh.
WAS rcUnGuiEou ns cviGuuciuu much
ability Tue accused wuro convicted
anu onutenCUd - DO hnuSou. Tncy
were afterwards released under "a writ
ol hG0rHs corpus from tho Federal
court, and were ucvcr tried agaiu
Judge Willard waa elected to the
bHuch OF toe S;atc supreme court or.
uaniHCd under the constitution of 1865
10y the legislature that met acre in the
summer Of lhAJ year +. j. Moses, Sr.,
was elected chluf justice and $. l..
| Hogc the uther associate Moses WAS
for some months uuder pOlitical ais.
I abilities, 81 tnHL the court in that De.
/ Rod consisted 0f Willard ana Hogc.
/ The latter WIS so far uutit for the post
! that he never wrote u single opinion.
! Hho work OF tho court thus fell almost
! entirety upon justice Willard.
Judge Willard came most prominent.
/ ly into pubic notice in the contest for
/ thr possession Ut the State gUvernmen,
! following the election OF November I,
| 1876. That contest, in It's different
/ phases, was promptly taken by the
Democratic LEADERS, iutO the supreme
/ court. Tue cas5 most Important in its
cons, quences MAS the state cX rel.
| Wallace w. Hayne, secretary OF State,
ana T.. w. NJ. Mackey. On the lace Of
the returns the Democrats had q ma
Iority OF the III members making up
the house OF represeu eut3tives. But the
State board OF canvssSers Composed Of
Itepu ublicau Office holdors) withheld
certificates from tho members. elgct
from Laurens snd Edgetield-thus giv.
ing the Republicans majority Of the
members holding certificates. The
ltepubllCan5 organized With t.. w. Nj.
Mackcy AS speaker, but with less than
- msjority OF l2l meuibers The
Democrats organizud with Wm H.
Wallace as speaker, having IL ma jority
of the l2i members from EIgciieid and
LsurenS counied. l'ayne, secretary OF
state, had delivered 10 Mackey the re-
tarns OF The vote for governor, TO b.
aggregated and declared in jolnC ses-
sion OF the general assembly. Inc pro-
cccuinSs Ia The supreme court were
upon An application for a writ Of
manjamus to compel Haynu and
Mackoy 10 delivor to Speaker Wallace
the retucns mentioned. The case, on
the main issue, went OIL on IS question
raised by the court, and was never
afterwards presented for adjudication.
Bat Lhc court nevertheless decided
that the Waiince house was tho lawful
house Of scntativcs OF South Caro-
lina. That doci9ion practically de-
terminod the contest OF the white pco.
pie under Wade Hampton for the
possession Cf the State government
unlawfully claimed by ID. Ii. Cham ber-
lain and his followers.
There can DC ilttlc GOubJ that judge
| Willard deserved cniOf credit for The
| stand taken hy tne supreme court in
this case. Moses WAS Cumpulsable ana
| Wright was purchasabie. A decision
! contrary to precedent would not have
been difficult TO either. During the ar
| gument Willaru's purpose was mani.
! tested by ms frequent Interruptions of
tho counsel for Hayne and Mackey.
! The propositions thus advanced mot
disputed by Moses or Wright) under
| lay the judgment rendered. There can
| oe little doubt that one Of WillarG's S
| objects was 20 bold Moses and Wright
/ 10 their aCquiescencc ana leave them
| no excuse to dodge or TO recede. The
| nSclsion Of the court was only sucn as
II should have been. But an opposite
conclusion wouid have had the sanction
OF lawyers like Chamberlain aud Cor
| bln OF LhIs State, Judge Settle OF North
! Carolina and numerous legal lights OF
Republican prOcliVities in Washington.
| at ali events an adverse decision would
| nave brought no end OF trouble upon
the Hampton side in South Carolina.
Such decision would have been worth
much to Willard, had be chosen to ask
"a price fer 1t. But Ec decided accord
| lng 10 law.
! In the summer Of 1877 Judge Willard
was elected chief justice TO i'll the va.
nancy caused by the death OF Judge
! Moacs-his clcvat tion due largely to the
known wishes OF Gov. Hampton, evi-
dcntly shared by Is large body OF the
W bite people of the State. Filling the
uneXD Dtred term II Moses, Chief Justice
! Willard remained on the boLch till
July, 1880
Judge Willard was an educated law.
! yer ambitious only Of success and pre-.
| ferment 10 his profess len. His opinions
In important cases evidenced careful
preparation and labOrious research.
Many OF his citations were sucn as to
show that he had fully read every case
cited dis style was not clear--a fact
probably due TO his love OF fine distinc-
tions. His opinions nccd to be studied,
| rather Than read, in order to an apprc.
henston OF all the points made. His
| style lacked the clearness which marx
! ed the opinlons Of Moses. An illustra.
tion OF this difference may be had by
! Is com mp4riSOn OF Two upcisinns ipuoIv.