The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-07-21
THE OUSTED CITY OFFiCIALS.
Thcy Make an hpDoal through thoir
Counsel to Chief Justice Moses.

The following communication has been ad.
dressed ty the counsel for the ousted city
officials to MIR. Chief Justice Moses:
CHARLESTON. July 10. 1869.
non, II. Moses. Chief Justice Of Soutt
Carolina, Sunter s. c.:
DEAR SIR-Ihe City Council OF Charleston
having recently held an election for all the
cIy ohcers, we were retained by w. N.
Hughes. the Assessor, G. p. Frazer. the AS
slstant Assessor, p. G. Guerry, the Sheriff. a q.
NJ Averill, the Flour Inspector, and some
other officers, to advise them as to their rights
and duties. After examination OF tho cases,
we came to the conclusion that the above
named officers had been elected to their re-
spective Offices for terms which have not vet
expired, and that their removal by the City
Council acsMo.! cause or hearing was illegal;
and we accordingly advised them not to sur.
render their offices to those claiming to be
their successors, until the question Of their
right had been Determined by judicial author
1sy: On the 9th day of July instant, the
Council passed resolutions directing the Mayor
to expel the city officera claiming to hold. and
to employ the police for this purpose. @
On the 18th instant we addressed o comrnu-
nlcatlon to Hon., q. Pillsbury, Mayor, notify
ing him Of the advice we had given to our oil
ents. and that as citizens they claimed the pro-
lection OF the law in tho viudlcatlou OF what
we believed 20 be their rights aud they expect
cd his official assistance to that end.
We also Ted that we had advised our clients
that the resolutions Of Council would not con-
sttute valid protection to any city officer for
any forcib'e or lllegtl act. and tnat we wonld
advise them as TO the course to be pursued to
protect themselves against force. adding that
we hOped to have from him such assurance
that no violence would be resorted to with his
sanction as would make it unnecessary to in
yoke the protection Of the law against him. To
TINS communications, we have never received
anv reply. Ar 1N.L7 y
On the 18th and 10th instants the Mayor
made written demand on the Assessor. As
slstant Assessor and Sheriff, to deliver possess
SION OF their Offices to their successors. To
these communications we replied, repeating
that these officers were acting under our ad-
VICE and could not desist from the perform
ance or the duties OF their Offices until COM
manded to do so by the law. No further COM
aumcatlon was received by any Of these off,
GERS On SATURDAY., the 18th instant. JUDGE
carpenter sailed for New York. On this Mon
tn the Assistant Assessor, MIR. Frazer, and the
Sner1ns Mr.. Query. on going to their respeo-
tive Offices. found them open and in possession
sa,aH OF those claiming to be their successors
ro.cemsm ina stat1oned ct each door. who said he
entrance; Upon inquiring Of the Chief of
Po!ce, they were informed that this action
had be EN- taken under the orders Of the Mayor.
Inc doors OF the Offices had been locked on
Saturday and the keys were in possession OF
the officers; the looks must, therefore, have
been forced or picked. Each of the officers
mad private oesks and property in their offices.
~. Vo nave ADVISED our. clients that 1t lS CleArly
tner right to be restored to the possession
which has been taken from them by force and
iraud, and that those claiming the Offices can
tnen assert their right to possession through
the courts; but that they will no; be allowed
10 cake advantage OF their own wrong and
bents. '--0 'ASo"-
But this force and violence was not resorted
20 20 until one resident judge had gone away. go
thae tt my clients must seek j1dSe,to whom
they can apply for the nrOt Otection ~ kho 4. -.
they are AZ meo OF slender means, and the ex-
pense ana delay OF such an application is so
far beyond them that it would amount to de-
NAL OF justice. In addition to this. IL wonid
pc much more. difficult, II not impossible, to
fairly hear such cause away from Charleston.
Wnere ah the parties, witnesses and records.
which itmay be necessary to examine durinr
the progress Uf the cause, are
Under these circumstances we have deter
mined to apply to you, the highest judicial Of
nceR or the State, for the hearing or our case
ana the granting OF the relief to which. in our
Judgment, our clients are entitled: and are fur-
tner emDoldeneu to ask Of you the favor to
come to Charleston to hear our motion. s~This
latter we do not claim as s right, hrlt reuneSit
for the reasons given above, which we thirk
sufficient to justify us. -.
H you will consent 70 hear ms in Charleston,
p!ease inform us OF the earliest time Wkich
Will suit You, and we will give notice to the
mayor and others concerned OF the tiinasAnd
pace. i%G sSt& s&sElyh EtsssAist S& ,,. Sg1 ST'v
Hoping for yonr favorable and early replys
We remain, very tAb be0tfnl, ,s tsa sas'l -.
Your obedient servants,
lSlgnedl 80 LEsEsNE & Mites.