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

THE quo WARRANIO CASb-1nS AA "
IKE. W. BRowNF1ELD.-The arguments in this
case we're heard yesterday by Chief Justice
Willard, in chambers. j. Barrett Cohen, ESQ
OF the firm of Duryea & Cohen, appeared as
.connsel for Jno. ". Brownfeld, who was elect
ed Clerk Of Court by the Legislature IN
1866: and D. n. Chamberlain, Esq, the At1or-
nev-GeneraI. Appeared on behalf OF MIR. a. U.
picbm onJ. who claims the office OF Clerk OF
Conrt by virtue of having been elected IN June
last at elections held under authority OF an
order OF Gen. Candy. Mr. Richmond in his
suggestion says that he duly qualified as Clerk
of Court on July LIST last, and subsequently
demanded possession OF the Office and records
which demand was not complied with. Inc
writ WINS then issued summoning Mr.. Brown
field to appear before the Chief Justice, and
show by what authority he retained the Office,
Il having been decided that the Court had full
Jurisdiction in the case. The following vas
the answer of Mr.. Brownield by his eotasel to
the suggestion of Mr. Richmond
STATE OF SOUTH CAROLINA CHARLESTON COUNTY.
The answer of J. W. Brownfeld to the writ of
MN 1nnrrdnto is sued in re the State eI parte
the Attorney General rs. J. w. BroWnheld,
commanding the said J. W. Browntield to show
ri the Court of Common Pleas and General
Sessions CT Charleston County, as prayed IN
fhe suggestion of the said Attorney-Ge
The said J. w. BrowDfield, as to his aforesaid
authority, comes aud says that he was duly
elected as Clerk of the Court, and was duly
commissioned by his Excellency James l.. Orr,
then Governor of the State of South Carolina,
which commission, bearing date the 18th day
of December, 1866, is in the possession OF the
said J. w. Btownfeld, ready to be produced at
auy and all times, and now produced before tins
honorable Court, and by this warrant the said
I. ". Brownheld has exercised, and still exer-
.cises the Office Of Clerk OF the Court as afore-
said.
swers, says that the acts known as the Recon-
struction acts, passed by the Congress- OF the
United States, have not vacated his ONCE OF
deprived him Of the right to execute the same,
but that, If the said acts have done so, they
could not have affected his rights to the same,
as the said acts are unconstitutional, as he is
advised. And the said J. ". Brownfeld fur
ther shows that If the said acts are constitu-
tional, then, under the Constitution OF the
State OF South Carolina, ratified on the l5tE
and 10th days of April, 1853, he, the said j. W:
Brownfieid, has not been ousted from the said
Office as he is advised, and that under the said
constitution he ls still clerk OF the SAID court
and that no successor has been constitution
ally elected, and by this warrant ne holds tne
And the said J. W. Brownfeld further shows
that the acts known as the Reconstruction
acts conferred on the commanding general OF
the military districts no power to order elec-
tions after the ratlfcations Of constitutions by
the States known as said military districts, and
that if the said military commanders dld issue
such orders, they were issued In VIOLATION OF
law, and, therefore, absolutely void; but now,
IL such orders were not absolutely vold, tnat
any party elected under such military orders,
was OF necessity compelled to comply literally
with such orders, and tina. their baving failed
TO comply with such orders, according to theT
tarms. was q forfeiture Of any office that may
have been organized under said orders. And,
further. that as soon as the constitution OF the
the State was accepted by Congress, and the
senators and represen, atives we're admltted 70
Congress, the constitution Of the State became
the paramount law Of the land, and the Con-
qon Of the State State pF9vdsss pSo se hSw os snd
The said J. W. Erownfeld further shows that
the said A. G. Richmond claims to have beon
elected under military order, which the said
J. ". Brownield is advised is null and void;
that the sold Richmond did not comply with
the terms of the said order but claims to
have been qualified under subsequent act OF
the Legislature. which the said j. w. Brown
field is advised by his counsel is contrary to
the Constitution Of the State of South Caro-
lima. The said J. W. Brownield, therefore,
shows that the said A. @. Richmond has never
been at any time entitled to claim the Office Of
the Clerk of the Court, and that the said j. w.
Brownheld is still the said clerk.
DURYEA & COHEN,
Counsel for the Respondent.