The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-02-12

power to say to public offcers TO on and do
your duty as the law requires. The board
made declaration, in obedience TO the writ of
neanddnaus, and declared vho hadreceived the
highest number OF votes, and the econstitution
says the party receiving the highest number Of
votes is elected. @
that the ,llegalities complained oe in this cleo
| ton nro simply nfo1 raallties. They do not
touch the substance Of the election or effect it's
results, and they are such omissions as are
| 1t now remains to inquire whethsr the General
Assembly will not, in view Of all tin rAcircumstanc-
| es, pass act or oblivion anasRut an end to
the strife. The Supreme CougE hrs virtually
settled the law of the case, WIan they say to
| the Board Of Aldermen, "You Adve certifedan
insufficient cause for setting afde the eleo-
ton" The informalities complained of were
oil set forth in general terms fiSthe return Of
| the Acting Board Of AldermeS to the al
tentative writ Of n,anddn1us. The court noe
essarily considered the same ahd III they had
been such as to make the cleation void the
ps-em1ptory writ could meyer hays been grant
ed. The return Of the Mayor, dstd Aldermen,
made on tho Goth Of January t9SSGe Supreme
Court, which declared the the cleo
act itself, unter which they wsaS pspssedlng,
declares shall be binding uron sssl Iafties.
We simply ask the LegislatuiSn5W toe oenforce
it's own laws. It is true it is 9 Hsecial case be-
worked out this result. We hayg q declaration
Of the election, and yet the AGL5ng Mayor and
aldermen of the City OF Charleston refuse to
carry it into execution. do ngt desire to re-
sions said on this question. IAave shown on
nothing new under the sun. bit tho history ).
OF oflegislation in South Carolina is full of ex-
attention to the fact that in 1873 the Legisla-
q ho es os nc ssr
also that that in 1866 1865 the Lsgisfstsre s validated
same to be as valid as though Reldat the time
and under the provisions Of existing laws. 1
now call your attention to t4s Fact that the
special session Of the LegislaAnre in 1885, by
similar acts, validated the essAsions at Mount
Pleasant, at Moultrievile anlfsat Darlington.
The General Assembly, also, ig3I851, validated
the election OF militia officers III the Counties
of Clarendon and Sumter. Hhese elections
were not held at the time noakin the manner
provid d for by law, vet theHsegislature, in
consideration OF all the crcunlstnnces. we sup
pose, exercising a wise discroSon, considered
it was best to declare those Blections valid
rather than to order new electiEns.
Thus it will be seen that woa aifayc numerous
precedents for this bill. + hHFe cited but a
few that are to be found In thsSstatutes OF the
Senate that this bill is notoEsiIal With mo,
or new to the people OF this StNtSl
Mr.. President. as a citizsnsof Charleston
desire peace The people Of hsrlestdh desire
peace. This contest has aitSady continued
too long, and with great dagger to the pubic
peace. Business has bach suspended; capi-y
taists have suspended their operations;
business has been paralyzeds saaRd it is time
that there should be amend of.atrite: Inview
Of all these things, and i'll view. of the fat
that it is shown that there has been legal
discrimination e of this ele tiolsI call upon
ths General Assembly to pass this pill.
Senators Cain and Leslie followed. in reply.
The question required on agreeing TO the
substitute offered by the senator from Barn
well.
On motion Of Wright. the substitute was or
dered TO lie on the table. 4Sy
Il Calnmoyed to substitute fo2ssa pleamble
and FDiltn Co enaolo the citsasfs Of Charles
ton to hold an election for Mayor and Alder
men.
Mr.. Leslie moved to lay the motion of the
senator from Charleston on the table.
Cain called for the yeas and nays, which
were yeoA taken, ia, aud resulted H, as Il! follows
Greene, Hoyt, Hayes, Hayne. Jllson, Leslie.
Lunney, Montgomery, Maxwell, Nash, Swails
and Wright--16
! Nays-Barber, Cain, Owens, Rainey. Reid.
Rodgers and Wimbush-7
So the motion Of the senator ftom Charles
ton was ordered to lie on the table.
The question was taken on agreeing to the
preamble and decided in the affirmative.
The bill was then taken up by sections, and
after beng amended, as stated in telegrams
The News, was passsd by the following vote
Yeas Allen, Corbin, Dickson, Greene, Hoyt,
Hayes, Hayne, Jillson. Leslie, Lunney, Mont
gomery, Maxwell, Nash Swails and Wright
15.
Mays Barber, Cain, Ovens. Reid and VIM
bush--5.
Cain gave notice that he will enter protest
to be recorded in the journal against the pas
sage OF the bill.
,Rainey, from the Committee on Finance. to
whom was referred the petition Of the City
Council OF Charleston, praying the General
Assembly to validate an act providing for the
assessment and taxation of prol lefty, rat flied
by the City Council on the 18th Of January,
1869, reported back the same, with a recon-
be granted and accompanied by bill to au-
thorize the City Council Of Charleston to levy
certain taxes for the fiscal year. The bill re-
ceived it's first reading, was ordered for a
second reading and consideration tomorrow,
and to be printed.
There was little Of interest in the House
proceedings, beyond what has already been
telegrlphed to The NEWS.
--o<~ss-.e-A-
THE LAST OF IN AIIOCIOUS Mill
TARY MURDER.
Surrender or Mrs. surratt's Body by the