The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-02-11

10 saw on which side the signers properly ar
range themselves. However, | will base my
reasons for the objections I shall offer to the
bill, on the majority report, and the act OF the
was held. THE speaker here read from the
act, section fve.l That says the candidates
receiving the largest number OF legal votes
shall be declared duly elected. Now the act OF
the General Assembly expressly says tho
votes shall be legal. The officers named IN
the act arc the judges as to whether
the votes are legal. If upon examlna- @
ton the votes are found to be leSai, tlcu
the rarties elected have the right TO en-
ter upon and exercise the functions OF the
Office to winch they were elected, and not Dec
fore. Now, by the act, the Acting boara ol
Aldermen were made judges OF the eiectlou,
and they have said there were no legal VOTES
cast When they made their return TO tne
writ OF nldndamuS. to the Supreme ConrI, tnoy
said according to the count. Giloefc fiilsouIy
had majority of votes, but that majority were
;lieeal yotes and hence they SAID tho election
was invalid. That was their answer. upon tnlS
noint hinges the whole case, that il. as to the
legality OF tho votes cast. When II snall pe
proved that the votes cast wero legal, men
Shall be prepared, as quick as any man, 10 as
sert the TACT and the right OF these genflomen
to take their seats.
II ia REQUIRED by law that these gentlemen
shall be legally elected. | know gentlemen
here differ on these questions with myself. 1t
IS proposed by this bill to coUirm what the
committee admit in their report to be frauds.
Do they really desire the Senate TO confirm
frauds? They have also stated That the ques'
ton can go before ths courts and the claim
wings its way too slowly to meet their wants
and accomplish their purposes. Hence they
want the Legislature In its sovereign capacity
To come here and confirm frauds.
The gentleman from Marion assorted that
five hundred men were driven from the polls
or not allowed to exercise their rights Ii SO,
there must have been some force or some
power to drive them away, otherwise they
staid away themselves. II 1T be true that thcy
were locked up in mills, then there is every
reason whv they should have another election
to let them out OF the mill.
Apain. he saws frauds wero committed by
The Democratic party. If there were fro uds
committed by either party, then, as an honest
man, want an honest expression OF the Will
Of the people. believe the cest way lor par
ties to succeed is to succeed uIon the lmmof-
tai principles Of justice and equity. 1t mas
bccl said that this protest was put in after all
the returns were made. will state that the
nominee of the other side made no protest,
and that it vas entered by sundry citizens.
am prepared to prove that the protest came IN
when returns from seven wards only had been
test was entered only after au tde returns
were in IS not proved by the evidence.
Another point. Tho rer1rt goes on to say
the, conducted the election in good falth, but
admits that the oath was not administered.
What right had they to enter into an election
without all parties taking the prescribed oath,
when one section Of the law says they snal DC
sworn ? II the managers or voters were not
sworn. they violated the law. Yet they come
here and ask us to validate n lic-to make per-
manept. strong and valid violation OF the oct
passed by the General Assembly. never can
and never will give my voice or vote Tor such
proceedmgs. When the law is specific and
clear, it is the duty Of every man t. Irry out
that law, to per.orm his duty according to law.
II he violates it one jot or little, he violates
tue whole OF that law. The report says THIS
was done wltuvu, any wrong intent. That was
written by learned zen in the law, attorneys
and United States attorneys at that.
I have nothing tC. say as to tho fairness OF
thot election, I was there. I know too much
of this election. I was down by the City Hall
and I witnessed good part 0f IT. But the
committee say the Acting Board OF Aldermen
had no right to declare tho election void. i
wonld like to know how you can legaliz frauds
unless You can make right wrong and wrong
right. The mana gers and the committee say
1t was fair election, yet those persons dld not
takc the prescribed oath 1t not, couid tney
not have committed any amount CT frauds!
This committee themselves have acknowledged
il TO BIS wrong, and they know by virtue of the
fraud committed the election was nun and
void.
do not believe that when this bill n.sscs.
as have no d1ubt you will passlt: i. viii effect
it's purpose. Iknow III taking the posltlon DO
shall be branded as desertcr from my party;
I shall bs charged with having sold out and
gone over to the Democratic part,; that l am
.tS L
will be said that I havc :ece'iei money, per-
haps q thousand dollars toc lu.. speech IN de-
fence. But, whatever NAV b: an'd, Will not
shrink from doing what decr nv lndispen-
sable duty to those [ represent. white and
colored. I believe the bill ca:c1.Ated to DO
more harm than good. It Las been asserted
that If tLis bill does not pass 1t will be re-
garded as Democratic victory.
But who are tho men you desire to oust.
There are but three known Democrats III that
Board OF Aldermen. AL the rest are Kcpubll-
cans, and, what is moro, seven or nine were
elected ut tho recent election. But as honest
men they were coli .;elled, after lengthy ex-
animation, to declare upon their m oatn that Inc
election was illegal. No man will presume 10
doubt the Republicansm Of Mr. Robt. Howard,
Mr.. Richard Dereof, Mr.. Potter, or Alr. Ged-
dings, MIR. Wall, and other gentlemen on that
board, who have pronounced the election null
and void. Seven of those Aldermen, as have
said are elected, and they were appointed
under General Canby's order. Would they, II
not compelled by the evidence, make q declara-
ton which puts themselves out OF oihce! II
thew were not conscientious men would they
declare the election null =? The present in
cumbeuts in office hold their positions
to some extent under tho renure-of-ofiice bill
passed at the last session. They were appoint
cd under the Reconstruction acts, Which say
they shall hold Office u.tll the machinery of
civil government ls in operation, and some
persons are properly elected to take their Of
hces. I holl that Sir. Clark and the pre- cDt
Aldermen cannot relinquish their seats until
their SUCCESSORS arc duly aud + gula.ly quail
fled by the law lnaSmuch as the Legislature
Lave made It the duty Of the Mayor aud Alder
men TO declare the election, say there is 10
nos cr to oust thes, men out OF the,r offices
uutil they nave declared their successors duly
qualified. Until fair unbiased election Is
hei. and legal declaration mado by the pro-
per authority, care not hos many tickets YOU
approve, Mr. Clark can hold his cffce under the
Reconstruction acts uutil it is decided that
his successor has been legally elected. Iknow
tho argument is that the Reconstruction acts
have ceased. they have ceased oaly as far as
they have done so, legally Claim, air. Clark
has not been superseded legally, and un Il the
election has been declared legal AID gular,
according 10 law, hlr. Pillsbury or any other
power cannot get into that offico.
In tho return to the mand0msuS. it is said.
Mr.. Pillsbury received the highest number OF
votes cast, but 1t ID also SAID those votes were
not legal.
I know the learned counsel has told US the
courts have decided that question, but if re-
member rightly, the court said that the claims
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