Page:Southern Historical Society Papers volume 13.djvu/74

 Last Chapter of Reconstruction in South Carolina. 73

be inaugurated. The consent of Chamberlain to be inaugurated could not invalidate his right to hold over, as the whole ceremony was illegal and the body engaged in it could not receive any inferred resignation. This decision gave Chamberlain a legal right to the title of Governor until his successor should be legally inaugurated, but it made it impossible that he should ever have a successor. This could be done only by the joint action of the two Houses and they could meet only at the call of Chamberlain. Now, though the Senate might obey the call of Chamberlain, it was certain that the House of Representatives would not, and so the practical effect of Carpenter's decision would be to leave the State for a year in the hands of a powerless Governor, with no Legislature, no treasury, with nothing by which the State could be saved from falling into perfect anarchy. This seems to have been the blessed result of his visit to Washington, to prolong the rule of a miserable adventurer even though it involved the State in ruin.

An appeal was instantly taken from this monstrous decision, and at the same time a case was made by the granting of a pardon by Hampton to one Tilda Norris, a penitentiary convict. In this case it was the sheriff who refused to recognize Hampton's authority, and the case was brought before the Supreme Court, whose ruling would determine who was the lawful Governor.

We shall follow this case to the end. The same wearying argu- ments were repeated on both sides, and the same readiness on the part of the court to permit dilatory practice showed that the courts were all desirous of having the decision made outside of South Caro- lina. They wanted the President to decide for them. I believe Mr. Justice Willard was the exception; that he was ready to assume the responsibility; but he was only one of them.

At last the proceedings were closed, and nothing remained but to pronounce the judgment. At this critical moment, Chief-Justice Moses was stricken down with a fit, from which he never recovered, and the Radicals made use of that opportunity to compass their ends. The third justice was the negro Wright. If he and Willard should agree, their decision would be final; if not, the matter must rest undetermined until a third justice should be elected. Every art that ingenuity could suggest was brought to bear upon the wretched negro. The choicest wines and liquors were lavished upon him. Threats and entreaties were both tried upon him. The sable sisters of the church visited him, prayed for him and with him, and used all