The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-09

18th December, 1865, to continue in office Tor
four years, and that the Office was his property,
which was decided as early as the case OF Mar-
bry us. Madison, and recently in the case OF
the test oath heard before the Supreme Court
Mr.. Brown6eld was therefore entitled 10 hold
Office until the 18th December, 1869, aud then
to continue in Office until his successor was
appointed, unless the Office should be destroy
ed by the Constitution of the State. This has
not been done, but the 9th section of the 4th
article Of the Constitution, which provides for
this Office says that the Clerk CT the
Court shall be elected, and shall hol1
Office on the same conditions as heretofore.
Richmond was not elected under the said
constitution, nor By the qualified electors un-
der the same. for large number of these had
been disqualified under the military orders.
1t was well known that the Chief Justice had
ruled the Reconstruction acts to be constltu-
tional, for if he had decided otherwise 1t would
have been equivalent to stating that he had no
right to his seat, and he (A1r. Cohen) had no
desire to argue this question, but desired de
cision on the point that Brownfed was clerk
under the Reconstruction acts he not having
been ousted by military authority. Again, he
did not desire to argue that the Reconstruc-
tion acts did not give the military commander
the authority to order the election OF State
officers after the constitution had been voted
ON and accepted. The presiding judge, as
Chief of the Bureau of Military Justice, knew
that prominent legal gentlemen had advised
Gen. Candy that he could not issue the order
for the June elections. Richmond did not
comply when the State was admitted at
time when the constitution was paramount.
No officer could then qualify unless elected
under the constitution, which was not the
case with Richmond, and he did not even qlaIl-
fy within the thirty DAYS allowed. 1t may DC
argued that the Legislature permitted hlch-
mond to qualify by an after act. 1he LeSis-
lature is but the creature OF the constitution,
and could not go beyond it. Under the con-
stitution and the reconstruction laws Rich
mond not qualifying in thirty days, 1t stood
as if no election had been held. Brown6eld
was then the Clerk of the Court, and could
only be removed by the Constitution OF the
State.
MIR. Chamberlain said that the opposite
counsel had admitted that Richmond's cleo ion
had failed because he had not qualified within
the thirty days. The election held on the I'd
and Sd Of June was only announced by the
military on the 1st of July, and it was only
then that he had been elected. He had no
right until that time to file his bond, but prior
to the close of the thirty days, on the 18th day
of August, an act was passed by tho Leglsla-
ture, extending the time for thirty days long
er. He argued that until the Presidents proc
lamation all acts passed we're not OF full effect,
and Offices taken previous to that would only
be provisional. The State officers we-" elect
ed by the only power that could order II forbid
an election, and they were in readiness when
the State was admitted to take possession.
In conclusion, he would ask that John W.
Brownfeld do not only vacate the Office OF
Clerk of the Court, which has been unjustly
withheld from the claimant, but from the date
of the demand account for the proceeds to that
lawful officer. This has been too long delayed,
owing to proceedings which could not be con-
trolled; but he was happy to state that he was
now here where the case could be heard, and
he asked that judgment OF custer be issued
against the said John ". Brownfeld, to take
effect from the 5th Of September
Judge Willard said that it had been already
announced that he would be in Chambers on
Tuesdays and Fridays, and his deci sion would
be given on one OF those days.