The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-11-17


constitution, are still Of force"
He was prepared with O body of law, when
the time came, to show that from the year 171e
to the year 1858, the Legislature has again and
again passed law upon law increasing the
sLrinsency of the law preserving the purity o.
voters, or furnishing any one who interferes
with the free exercise OF the free will and
free opinion. Large and ample powers have
be,n given to managers or election for the
purpose of preserving order. He would be
prepared to show those laws are OF force to-
day; that they have been violated, and tnat a it it
the ground of the parties being here before
the board to-day He was prepared to be more
specific than this. When he spoke of the
abuse of power, of official misconduct, be did
not intend To shelter himself under generali-
ties. We are here to-day, said he, with specific
charges. One of the scenes which was most
common Id this community Was to see band
OF men, generally if not universally colored
men. designated with official badges, with
different coored ribbon, and some OF
them with the printed words, Especial
deputy sheriff." armed with Clubs, attending
at every precinct, undertaking to scrutinize
each voter who c1me to the polls; undertaking
to demand and require from him the produc-
ton OF the ballot which he was about to deposit
in the box; undertaking to require him to put
a certain ballot in the box, and in numerous
cases preventing him from putting his ballot
IN the b. X. We are prepared to show that nle1
who voted were denounced by this body Of men
in the most violent language, and in many
cases their lives imperilled. I'VE will also show
that these deputy sheriff5 were in constant
communication with the managers, were seen
to receive instructions from them TO bring GER
tain men to the polls, and that these men were
seen TO 60 armed with clubs, and enter houses in
which were defenceless women and children,
| {of forth tn
them to vote. They were seen TO enter house
holds in which there was no one who could de-
fend the sanctity of his home. This same
body of men came around the precincts, and
in tho name Of law, in the name OF the sheriff.
as officers of the law, declared that they were
required by him to take charge OF the Board
of Managers and compel them to go where
they should dictate and to take them from the
precincts to the place where they should de-
posit their boxes. We will show that these
men claimed to act under the authority OF the
sheriff.
We are prepared to show, and we challenge
contradiction, that the appointment OF that
body OF men was utterly Illegal, was an outrage
upon the law, an outrage upon liberty and or
| der: and il we can prove that this materially
altered or affected the result of the lection, it
is in itself complete, thorough and adequate
ground for setting aside the whole election.
We wls.l to be understood as stating this IN
might be unmistakable. He contended that
the law itself has made complete provision for
the maintenance of order at the polls. The
act OF Assembly, which regulates general cleo
tions and provides for the manner OF conduct
ing then, declares that "the State constable
and other peace officers OF each county are
hereby required to be present at the polls and
10 prevent all interference with the managers,
and to see that there is no interruption OF GOOD
order" [Toe counsel here quoted the law re-
lating TO the conduct OF elections
The protestants, he said, would show that
according to these laws OF South Carolina, not
only is each one Of them made SPECIFIC, and all
misdemeanors punished with fine and lmpris-
onment, but also that they have provided an
apparatus for the maintenance OF peace. 1t
will be shown that the managers are them
selves the custodians OF the peace-that they
are empowered to appoint constabos at each
precinct for the purpose OF preserving order,
and committing all those who disobey the
orders of the managers. They we're prepared
to show by the law that with this apparatus the
sheriff OF the county has nothing to dc except
in the one particular Of executing processes or
mandates. They were prepared to show under
the law, general and special, that the sheriff Is
m executive officer, that he ls to execute law
full processes, and arrest only when process
ia nut into his hands which authorizes him to
arrest; that il he arrests an individual or
attaches his property for the purpose OF COM
pellinc attendance without lawful warrant, he
can be- punished summarily by the court for
contempt. Counsel then read the law defining
the duty of sheriffs to arrest persons for mis-
demeanors committed in his presence, for
treason or for felony upon probable and rea-
sonable grounds.
Counsel contended that those persons upon
whom the sheriff deyolycd his authority be-
came amenable to the law for any illegal act
of that oi1tb
it might be that some of the outrages would
bo ehouldered by the personal responsibility OF
tie individual illegally appointed. =,
In the face OF such scenes, and in the face OF
such trampling under foot OF all that was ne
cessary for the maintenance OF order IN the
community, did it require al apology for the
excitement that ensued? Did 1t require "1y
excuse for the attention they had given this
matter? Would not lack OF earncstness be-
token lack OF manhood? Would not any one
who had the feelings OF o man, and recognized
tho sanctity OF homo, feel craven II his blood
was not stirred on such call rs this? 1t VAS
with all tho earnestness which he or anybody
could show that they proved their Devotion to
law and order, and their determination 10 dis
charge their duty rs citizens.
Counsel then alluded to the registration
law, which declares that in order to secure the
free expression of all persons qualified to vote,
the Managers of Election shall, at q certain
time, provide for o complete registration, and
that registration shall be condition pre-
ce ent an essential condition OF the voter be-
ing allow I'll to vote. We're they to say that 1t
was nothing when they found that this first
preliminary act, to secure the free expression
of the citZeis of Charleston, was interfered
with BY this very body OF men whom he had
characterized as violator5 OF the law; that
when those who were charged with the con-
duct of the election on one side addressed
n respectful communication to the sheriff
saving that citizens were prevented from regis
tcing by this very body OF men, he returns it
with the taunt that he knows OF no law which
renders him amenable to the citizens OF
Charleston. Is any officer 80 high that he is
not amenable to the humblest citizen for nm i'll
fringcment of the rights OF the citizen? He
would say they were not accustomed to such
responses to our citizens, either in the city or
Stale. They were entitled to respectful an
swer. Their communication was that that
body of men we're violating the law, and were
claiming to act under authority Of The sheriff.
This was ono of the modes in which the pre-
lminary step to secure free expression OF
opinion was carried out.
But WAS that all? Who we're allowed to re-
cister and who were not allowed to register?
They would be prepared TO show by the oaths
of five gentlemen of as high respectablllty as
can be found in Charleston that at one precinct
two hundred and sixty-seven persons register
ed, who registered and whose names are found
registered in the second, third, fifth, SIKH,
and seventh precincts. They would be prepar-
ed to show by the testimony OF gentlemen OF
the same character aId respectabillty that one
hundred and fifteen votes were deposited by
IL.