Page:Southern Historical Society Papers volume 13.djvu/73

 72 Southern Historical Society Papers.

no Governor but Hampton. Tremendous was the enthusiasm of the meeting when General Conner, describing the effect of a religious ob- servance of the resolutions, said, the bayonets of the United States army may keep these men in the places which they have usurped. We make no war upon the United States. But they cannot keep them from starving. A committee was appointed to see to the execution of the resolutions. The effect of this movement was magical. It was the doom of the Chamberlain hopes. The movement was quickly followed all over the country, and by the first January the Governor could, with confidence, appoint receivers of this voluntary tax. About the same time both the legislative bodies adjourned. As the Senate would not recognize the House of Representatives, the latter could do no more than it had done, and having provided for furnish- ing the treasury adjourned. The other body, finding that they could not get at the treasury, and seeing their numbers diminishing by deserters to the true House, adjourned also. It was said that when the House adjourned its members had increased from sixty-six to seventy-eight.

THE COURTS.

The contest was now waged in the courthouses. Not long after his mock inauguration Chamberlain undertook to pardon a prisoner in the penitentiary. The governor refused to release his prisoner on the ground that Chamberlain was not the Governor and had no power to grant a pardon. The case was brought before Judge Car- penter. In this case lawyers on both sides discussed the claims of the two soi-disant Governors. After a hearing of several days the judge determined to take time to make a decision. He did take time. The case was closed before Christmas. After studying some time in Columbia the judge, still intent on a decision, went to Charleston, and unable to find there the light which he wanted he went to Wash- ington, the Mecca of all faithful Radicals. There he remained a month and on the ist of February published a decision, which, if it was to be final would have resolved the State into chaos.

As Mackey had been declared by the Supreme Court not the Speaker, he was obliged to determine that the inauguration of Chamberlain was void. The inauguration of Hampton was equally void, because, though done before a legal House of Representatives, it was not done before the Senate. Neither party, then, could claim any right from his inauguration, and as no actual governor had been inaugurated, Chamberlain was Governor until his successor should