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


In conclusion the counsel said he had, al
the outset stated that first which was patent
to every citizen, and which was the zeal ground
upon which they claim that this was an
election conducted in such manner as to rem
der it utterly nugatory and VOID. But when
they came to the investigation ofthe case then
it would seem to be proper to begin with q
comparison of the returns with the ballots and
then to find whether all the essential requisites
| of the law have been complied with by the man
ayers, which would enable the Mayor to declare
the result. IF that is not sufficient the board
should consider those particular instances of
| illegalities which he had cited here as having
vitiated the election, and then when all these
are disposed of, to consider the testimony.
They were ready to show that number Of
specific votes were cast illegally, and that the
number of legal votes excluded exceeded the
majority of the persons voted for at this cleo
tion.
This he considered as an orderly mode Of
conducting the case. They had taken this
course deliberately and advisedly, because they
were here for the purpose of showing daylight
to the country, for showing to the world what
they believed to be their rights, and their
power to maintain them. He felt it would be
needless to make an appeal to anybody to
rouse them to sense of the responsibility de-
volving upon them, because every one must
feel that it is a question whether there
maintenance of life, liberty and property,
or whether we shall be resolved into
that elementary condition in which every
nan while he has his life must protect it with
his own arm. This, said he, is the question.
Is this to be community which shall be
governed by law, or is it to be a com munity in
which the constituted authorities declare they
are incapable OF protecting every citizen,
however humble or however powerful? We
are here with no weapons but those which the
law give us, with no means OF enforcing
our rights, but to see that the laws are strictly
obsyed. I believe that every man who signed
that protest, signed u under the conviction that
he wac doing his duty to the laws, to his wife
and children, and also believe that every man
who signed it ls willing, if need be, to lay down
his life for the maintenance Of those rights.
1t is for you, gentlemen, to say, by your decls-
ion, whether the maintenance OF those rights
is sufficiently protected by the tribunals OF the
law, or whether the citizens outside shall be
invited to their own protection. II there is
any one who feels that in the position hold L
would not be thankful to escape from it. he
does me injustice; for while I would not dare
to shrink from it, I would not dare to aspire to
it. While I feel thankful for the confidence
Of my fellow-citizens who have requested me
to take upon myself this burden. feel it is by
no means an enviable position to hold. But
the great issue involved is dearer than every
thing ! hold, and in comparison with which
life is nothing. I therefore appeal to the board
for calm deliberation of the law, so as to en-
able you to decide this matter according to
right; and hope it will never go forth to the
world that in the time,honored old City OF
Charleston, which has always been noted for
good, orderly, quiet, law-abding citizens, that
under the revolution which has swept away
almost every landmark there is not left enough
OF the old spirit to secure justice, right and
fair dealing There never has been time in
the City OF Charleston when an appeal to that
sense Of right ever failed to make every man
abandon party, everything, and come up 1oT
the maintenance OF law and order. And
never will believe, until wrulg from me by the
stern necessity OF the case, that this city has
lost, or can lose, that quality of justice and
right. Therefore, we are here fearlessly TO
press and boldly to consider what we maintain
to be right.
We therefore submit that tne Act of Assem-
bly, under which you are convened, passe d on
the 25th Of September, 1868, with the resolu-
ton passed by your body, and WEIGH with the
rules your body adopted on Saturday for your
governauce in the investigation Of the election,
demand that the first step which shall be taken
by your board in pursuance Of the investigation
Of this case, in tho language OF the act, shall
be that tho returns OF the election, together
with the ballots, shall be examined by you as
an Acting Board Of Alderman, and we ask that
GudI 5teP uO uom lnhSn'
Mr.. Corbin mex addressed the Council, pre-
senting as briefly as possible the argument in
favor OF the claimants, and specially pressing
the objection to he jurisdiction.
Mr. Barker replied, and desultory discus
sion ensued, participated in by Messrs. Mem
minger, Miles, Corbin, Barker aud Bowen.
Alderman Whilden then moved that Council
proceed to the examination Of the ballots in
accordance with the resolution of Alderman
Geddings already adopted.
Alderman McKinlay (colored) moved to
amend by striking out all after the word Gre
soloed," and inserting ''coosider the plea to
the jurisdct ion."
On motion of Alderman Dereef (coored),
seconded by Alderman Potter, this amendment
was laid on the table.
The question was then taken on the original
motion Of Alderman Whildcn, and decided in
the affirmative.
Alderm IN Whilden moved that Council now
adjourn, to meet tomorrow, at II A. NJ, and
that the daily sittings OF the board be from IL
A. NJ. to p NJ.
The motion was agreed to.
Council then adjourned.