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


naee of the answer, that the protest is irregu
lar and insufficient in law, and should be dig
missed. The counsel for the claimants respect
fully asked therefore That this plea might b!
considered at once, and that they De hearo
upon the subject. IF the counsel on the otnel
side proposed to be heard, they were Wiling 5e e
hear any suggestion in advance as to the mode
of procedure.
MIR. c. Richardson Miles, ct the counsel, on
behalf of the protestants, said that they ac'
cepted the proposition OF the counsel for the
claimants that this paper should be put IN as
O plea, answer and demurrer, aud they pro-
posed to so consider it not as any one, but as
annnswer. o. plea to the jurisdiction and q
demurrer to the suficlency of the protest
which is in the nature of declaration. they
proposed to consider it in that shape Ihls
board had already determined to consider the
protest, and was then sitting by virtue OF the
resolution unanimously adopted at th2 hrs'
meeting. r,
Mr. Miles then read the resolution as fol-
lows:
Resotued, That it is the duty OF his Honor
the Mayor and Council to appoint an early
day to verify the ballotings in the various
wards as legally rsquired-to take under oat1
evidences of fraud and other illegal acS sald
to have been practlced in the recent munlclpal
elections, and in all needful ways w conform
to tho Act of Assembly as an Indispensable
| nreimina1y to an official annunclatlon OF the
said election.
Under that resolution the board had adopt
ed rules and organized. Under it counsel had
been appointed in pursuance of their rules to
apDear in behalf Of the protestants and coun-
lin behalf OF the claiman's. motion IL
made to give counsel time to appear, and the
board adjourned 10 meet again for the pur-
pose of hearing the case. When again
assembled as board, paper IS read
and admitted without objection, which
| QllcPQ-
tions of the protest Seriattna. At the same
time they incorporate therein q plea to the
jurisdiction of the board, and also demurrer
as to the suficiency of the matters charged IN
the protest. Upon the discussions Of the
questions thus raised the counsel for the
| protestants were prepared to enter.
1t might bs we'll understood that he felt op-
pressed with the sense OF the deep RESPONSE
| bility involved, sustained though he was by the
respectful confidence placed in him BY his fe-
| low-cltiZens.
He stood there not only for himsslf as citi-
zen of Charleston, he stood there to speak not
only for the fifteen hundred citizens whose
names appeared on that roll, and who, as his
Honor well remarked, in word, represented
the character, intelligence and force OF this
community, but he stood there in the name OF
the law which had been violated. He stood
there in the support Of that order which had
been trampled under foot. He stood there in tho
opOOu
there having the responsibility upon him OF rails
ing his voics in behalf Of that liberty at which
deadly blow had been aimed. Nay more. if
possible, there is something stronger than
that-stronger than law, it might be asked
Yes; he stood there for the maintenance Of
civil society, which is involved in this issue.
Self-preservation brought every man to find
his place to-day and arraign himself on one
side or the other, for the issue is whether we
live in civilized community, in social order
whether there is any tribunal which can enforce
the mandates OF law and preserve order.
This community has recently gone through
scenes which have agitated it to the very bot:
tom, and the surging waves OF which ore still
swelling around us-scenes which may have
been seen six and thirty years ago-the image
Of which may exist in the memory of those who
participated in the fierce conflict which then
rent this community in twain, but which never
have been enacted since until within the last
ten days. What has been the spectacle in this
one of the first elections held under the new
Constitution of South Carolina? What meets
US at the threshold OF that constitution
What sre we to look for under it?
This constitution solemnly recogniz ,s the
necessity Of protection to the people in all that
pertains to safely, tranquility and good order.
Had the scenes we had just gone through
been consistent with freedomp Had safety
been assured 10 every man, however great or
however humble? Are the women and children,
whose lives have been endangered by the
very fears through which they have gone, Sc
cured? Hls that tranquility which the con-
stitution declares as the primary duty of every
officer to enforce been secure? Let every
citizen answer. Let him say wfather, ire
spective Of race or party, he did not put his
head on his pillow the night succeeding the
election with q feeling Of indellible shame
tor tho scenes through which we have
hat n
tlonal government. and under form OF gov
ernmen. protesting to be Republican,; tho pal
ladum OF our liberties that which is higher
than the jury-box-the ballot-box-has been
surrounded by scenes which brought shame to
every cheek IN the community OF country
protesting to be free and civilized. Freedom
Was there freedom in the fact that no man
could 60 to the poll with the feeling that be
could come away with his life safa? Security,
when no man felt that if he veatured to deposit
his ballot he might not be struck dowI by the
hand Of the ruffian; tranquility, when the air
was rent by the shrleks OF an infuriated
crowd, whose whole reason seems to have de-
parted from them in the violence of their
fury. But what is more, whom that most
dreadful sorm Of all in which tyranny
and misrule can come, when it comes under
the form of law, when those who should be
the sacred ministers of justice, when those
who should be the protector oil the weak and
feeble ana right against all OQQS, arc lnOSe
who have prostituted their power to the vilcst
purposes of evil, when the arm Of law is it'2!f
made the instrument of violence an O)I:cs-
sion, when that craftsmanship wh.ci should
pause ON the threshold in1lc.Iccs the actions
of the very person whose dutr i; is to preserve
the law invioabe, and he uses his power for
the purpose Of violating the law which he was
sworn to preserve and protect. These arc the
scenes which have stirred up thispeople.
He spoke not so much otindiyidual instances
because, to the honor Of South Carolina,
there are abundant laws upon our statute book
which give protection to the citizen. Let it be
understood throughout the length and breadth
of this land that everl act ofinterference with, or
intimidation Of, o voter, is in itself mlsdemea-
nor and a crime under the law The individuals
who have been guilty of this can and will be
brought to punishment. Our statute book
teen with laws upon the subject OF preserving
the purity Of elections, and enactlns heavy
penalties against all those who affect that re-
sult either ny force, bribery, fraud, or any
undue means. Each and every one OF these
constitutes O. well-defued crime for which an
individual is to be punished. So also heavy
penalties against official misconduct are laid
down in the statute book. These crimes can
not be committed with impunity, because the
parties can be brought to heavy reckoning.
He did not speak SO much of the individual as
he did OF the spectacle Of partisanship present
Ell to our community on that occasion, in the
mode ofconducting the election, when there was
nothing which was ever read OF or which ira
dition speaks but what was unblushingly pub
lshed, and in the face of day. When they saw
scenes which they had read of as occurring 10