The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-01-29
FROM THE STATE CAPITAL.
Chc Charleston Election B1ll--Spcech or
RIr. Corbin--Whot was Dono with tho
Bill-The General Proceedings.
[FRoM OUR OWN CORRESPONDENT. !

lFROM OUR OWN CORRESPONDENT.
COLUMBIA, s. O., January Ex-senator Cor
bins Charleston Election bill is the principal
subject of interest now before the General AS
sembly. The motion by Mr.. Corbin that the
bill be taken up for second reading aud con-
sideration to-day, raised some unexpected op-
position.
| Mr.. Leslie said he was unprepared for any
discussion to-day, not knowing what legal
one of the most important bills ne thought
that would be brought to the attention OF this
General Assembly, and it was desirable that
| vote with full understanding OF the many
doubtful questions involved in the bill. One OF
| the questions would be, can the party claiming
Assembly if he was not legally elected. He
wanted the bill referred to the Committee on
the Judiciary.
Wright, OF Beaufort, also opposed any hasts
ment that the bill be referred to the Committee
on Elections.
MIR. Corbin m owed to amend the smendment
OF the senator from Beaufort by adding, with
instructions to report tomorrow" Mr.. Cor
bin said
I have no obj ection to the reference Of this
bill to the judiciary or any proper committee
But it is very simple bill, and | desire that it
" well that it is bill that is going to- excite
the opposition Of some Of the gentlemen on
this floor. know it is bill that excites the
feeling OF great many in this State.
will state to the Senate in advance,
that have been advised that might expect
opposition to this bill. It is well known
to the 3. nate that an election was held in the
passed at the special session under an act to
regulate elections in Incorporated cities
and towns OF this State. The election Was
in that election, certain persons were elected,
and certain other persons, after the election
was ascertained, got up protest. That cleo
tlon had passed off quietly but as soon as it
were elected, all at once there sprung up, on
the part of the Democrats, tremendous fu-
rore and an effort to set it aside. They insist
ed then, that the election was illegal and void,
and this tremendous protest was sent into the
City Council to arrest the declaration Of the
election.
Swails--I would like to ask the Senator, did
he not, in public argument, published in the
papers, pronounce an opinion that the muni-
gal2
MIR. Corbin-I never did. expressed the
opinion that certain sections of the election
law were unconstitutional. will point out to
the Senaseswhat portion Of the constitution 1
thought was and ls in antagonism with that
election law.
After the protest was sent into the Mayor
and City Council, he and they refused to pub
lish the returns. They refused to make decla-
latlon or the election as required by tho law.
It will be seen that it is the duty of the Acting
Mayor to make such declaration. He refused,
and called the City Council together, and said
to them: "Here is protest; it is very grave
and solemn matter, q matter OF the gravest
Importance to the City Of Charleston. Here is
the tn protest; let us go into an examination"
They did SO, and spent two or three weeks in
the investigation. The result was when thew
got trough they said: "We declare the cleo
A certain oath contained in the act had not
been admi tered in ell cases. a ,rogistra-
tion had been made, and the election was fair
~ conducted, but it was ascertained that the
quired by the third section Of the act. An
other ground was that some Of the managers
did not make their returns III sealed en-
velope. We said that part Of the law was sim.
contrary to the constitution. The oath re-
quired the individual to swear that he had re-
sided IN the county one year. The constitu-
ton says that the individual must have re-
sized in the State one year, or have been
q resident since the Adoption of the constitu-
tion. All that the voter was to show, accord
ing to the constitution, was that he had resi-
ded in the county since it's adoption, and the
truth was the City Council had got completely
into the hands of the Philistines and took their
advice. and accordingly declared the election
void. The party who felt themselves aggrieyed
by this course appealed to the courts and OBJ
tanned writ OF r,edsedanaus. commanding the
Acting Board OF Aldermen Of the Oily or
Charleston to declare the election as the law
authorized and required them to do. The
no right to say. the election was void A
peremptory nadndan,us was issued commanding
them to go on and declare the election,
which they finally did, just as set forth in this
1t they did, it would be in contempt of the
court, and they would have to 20 to Jail. This
much was extorted from them. The act saws
they shall declare the election, and their de-
cison shall be binding upon all partles. They
have declared the election, aud say the per-
sons herein indicated received the highest
number Of votes. The Supreme Court have
said that was equivalent to saying that these
persons were duly elected Now, what hap
pens? After the declaration has been squeez-
ed out Of them, a demand is made upon the
Acting Mayor and Board of Aldermen for the
offices. They reply, Notwithstanding, we de-
clare you are elected, but we refuse to give you
the Offices
We then find ourselves in this position. We
have to again appeal to the Courts. There is
elected. The Board of Aldermen settled that
question. Their best advisers, on the other
side, admit that the question is practically set
tied as a matter Of law, and that the parties in
claimants have to resort to the Courts to drive
or smoke out the acting Board of Aldermen
What is the result ? Why they can raise tech
MICA nical I. objections, and the Courts are SO orRan-
may be kept out Of their Office whole year.
Now what we want to do by this act is to stop
all delays from naere technicaIitles, and q long,
laborions, tiresome litigation. We simply want
to deprive these gentlemen Of the opportunity
OK enjoying one half Of the term Of Office be-
longing to others and to keep the claimants
out Of Office for that time.
II the case is brought up on quo aoayvanto.
it must go before tho Circuit Court of Charles
ton. That court meets on the first Monday Of
next month. The criminal business is sufficient
to occupy the time OF that court for at least
four weeks; there having been no courts held
there for nearly year, consequently the jails
are crowded to overhowing. There are sone
two or thee hundred persons waiting TO be
tried. We cannot, therefore, probably get q
hearing until March or April. Then the ianal
settlement Of the question involved would 20
to the supreme Court, and it will be utterly
impossible to get q decision OF the case in that
court before December next. In this opinion ]
am sustained by the Attorney General. Ii this
was not the case, would much prefer the
courts 10 compel these gentlemen to yaoate the
Offices they now hold. But the Legislature is
in session. and can say that, according to law,
these claimants are entitled to their seats.
They are only kept ont of them, by the insa-
nous conduct Of the Acting Board OF Alder
men. ,S
would not introduce this bill had not nu-
To - r