The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-11-26
THE CONTESTED ELECTION.
Proceedings of the Board of Aldermen
NINTH DAY-WEDNEDSAY, NOv'R IS, 1868.


Potter, Cunningham, Lindstrom, Dereef,
Wall, Olney, Honour, Whilden, Voigt, How
ard, McKinlay, Marshall, and Moore-14 mem
bers.
The journal of the previous days session
was read. and the following corrections made
Ward 8, Precinct Result of count: Lesesne,
49, Ward 8, Precinct 2-Result of count:
Lesesne, 270. With these corrections The jour-
nal was approved.
The Mayor-We have now, in conformity to
the law investigated and examined tne returns ms
have been able. 1t is for the board to deter
mine at this time, what action they shall take.
They may. il they desire, first hear the areu-
ment of The counsel on both sides, and then
make I'D their decision. would like to hear
the views of some OF the members on the SUBJ
Alderman Dereef offered the following:
Resolued, That upon the evidence thus far
taken. and the examination of the returns and
ballots, the board will now proceed to hear
argument upon the case under investigation.
The resolution was seconded by Alderman
Whilden, and upon being put, was unanimous
ly adopted.
ants, and said he gladly accepted, in behalf OF
the protestants in this case, the opportunity
afforded by the resolution of the board Of
shortening the process in this trial, aud would
undertake to satisfy the court upon the evi-
dence, as far 1s developed, that there has been
no valid election for Mayor and Aldermen OF
the Civ of Charleston. held on the second
Tuesday in November, in pursuance Of the
act passed by the General Assembly OF South
Carolina-the provisions of that act not hav-
ing been complied with in those essential par
ticulars which would constitute valid election
The process which constitutes valid election
consists in certain important steps, commenc-
ing with the act of the General Assembly. pre-
scribing the time, place and manner OF hold
ing the election, down to the point at which
the decision Of the judges is finally rendered.
The principles of representative government
and constitutional liberty require the utmost
fairness and accuracy, and that strict obser-
vance Of the law which will make each
step in the process O. solemn act, binding
upon the parties interested.~ There must be
absolute freedom, no restraint whatsoever,
upon the free, unmolested approach OF the
elector to the ballot box to make his choice OF
those who are to stand, by virtue of his act, the
future governor of himself and the rest Of
the community in which he lives; and if these
are not complied with, it becomes the duty, OF
the judges to declare the election invalid.
And the protestapts contend that there
is abundant proof evolved from the testimony,
80 far as this case has progressed, to show that
the free expression OF the people has been
grossly and unlawfully interfered with to IN
extent which will prevent this board, as honest
judges, from declaring this election valid. The
first question to be considered Is, has the cleo
ton been held by those whom the law points
out as the proper persons to take it in charge?
1t is not the managers of the general elections
who happened to have held that election, but
the managers appointed in pursuance OF the
act of the General Assembly providing for that
election. According to the act mentioned
(Which he then ready, the managers OF the city
election were only to be those who were ap-
pointed to act within the territorial limits OF
the city.
He then took into consideration the quAii-
cation of the managers and the organization OF
the boards. He said that it has been shown in
the evidence as heard by the board that ID
many cases the managers were not sworn; 10
some instances merely subscribing paper
which was not read to them; sometimes taking
an oath before parties whom they could not say
we're authorized by law to administer oaths in
South Carolina, and sometimes before each
other without knowing whether the manager
giving the oath had been previously qualified.
The question would arise, would persons not
qualified to administer oaths at the time fthe
passage OF and Independently Of the act, be
competent to administer the oath of Office to
the managers? He stated that, in his judgment,
argument before any court of justice, that
those who were recognized as officers Of the
law at that time, such as magistrates appoint
ed to act within certain limits, were the per-
sons, and the only ones, authorized to
administer the Inception oath OF Of
hce to the managers appointed by the
County Commissioners.
He then proceeded to the subject of The Or
ganization of the boards. The Board Of AL
derman would remember in the course Of the
testimony it was shown in how careless and slov
enly manner this process has boon perform
ed. The law required that the managers
should meet and appoint one of their number
as chairman, who shall be empowered to ad-
minister the necessary oaths. The constitu
ton looked upon them as priests in the temple
of Liberty, sancti6ed by their Office; and yet
how carelessly they have regarded the process
of their sanctification.
The ignorance of the managers in regard to
the law governing the election was brought to
the attention Of the board They had never
read the proclamation OF the Governor, many
being ignorant Of the fact that the Governor
had issued any proclamation. All seem to rely
for instruction upon Mr.. Corbin. Whenever
anv doubtful case would arise. his opinion was
consulted andimplcitly obcycd.
He would impress upon tho court the lmpor-
tance Of adhering strictly to the provisions OF
the law in this matter, especially at this time
Wucu SO uduy PS1oOuS uOA AC0o]oAO uAuSSuc-
toned to exercise this sacred privilege would
come forward to deposit their votes. And it
was o wise provision of that Legislature which
undertook to prescribe the process OF regis
tratlon, and to impose upon each and every
voter, irrespective fcoor or class, the duty OF
registration under oath taken and subscribed,
because it was necessary to educate every
man who had not the privilege heretofore of
exercising this function, and carefully gradu-
ate the steps in the process of their approach
to the sacred goal which the constitution had
opened to them, and to require that every
man should furnish the evidence OF his own
conviction of perjury, if he attempted to vote
fraudulently. There could not be devised q
more VARIABLE and important check in this
business of the city election than this provi-
sion Of the Legislature, and yet there are on
record hundreds OF instances Of persons being
allowed to register without taking the oath,
the managers requiring no oath whereby they
were registered at the general election. The
law allows manager no discretion IN the
matter.
Mr.. Barker then referred to the illegal man
ner in which the returns OF managers were
made in scarcely single instance dld any
comply with the form prescribed.
He called attention to the fact that to fulfil
the requirements of the law the managers
should act as body the votes to be counted
IN the presence of the whole body the sepa-
rate reports sent in to the County Board of
Canvassers, whose business it was to aggregate
the votes and report upon single return to
the Mayor. There has been no such report
received in that respect, also, the law has
been entirely disregarded. 1t is requisite also
that votes should be cast at the polling pre-