The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-07-21
THE OUsEED CITY OFFICIALS.
They mako an appeal through their
Counsel to Chief Justice Moses.

The following communication has been ad.
dressed ty the counsel for the ousted city
officials to Mr.. Chief Justice Moses:
CHARLESTON. July 10. 1859.
Hon. F. j Moses. Chief Justice Of South
Carolina, Sun,ter s. O.:
DEAR SIR-Ihe City Council OF Charleston
having recently held an election for all the
city officers, we were retained by W. N.
Hughes. the Assessor, G. P. Frazer, the AS
slstant Assessor, P. G. Query, the Sheriff, G.
n. Averill, the Flour Inspector, and some
other officers, to advise them as to their nights
and duties. After examination Of the cases.,
named officers had been elected to their re-
spective Offices for terms which have not yet
expired, and that their removal by the City
Council aeiLto t 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
Council passed resolutions directing the Mayor
to expel the city officers claiming to hold, and
to employ the police for this purpose. &
On the 18th instant we addressed q commu-
nicatlon to Hon. e.. Pillsbury, Mayor, notify
ing him Of the advice we had given to our cli-
ents. and that as citizens they claimed the pro-
lection OF the law in the viudloat1on OF what
ed his Off Jial assistance to that end.
We also sta red that we had advised our clients
that the resolutions of Council would not con-
stitute q valid protection to any city officer for
any forcibie or illegal act. and that 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
woke the protection Of the law against him. To
this communication We have never received
anv reply.
On the 18th and 10th instants the Mayor
made written demand on the Assessor, As
sistant Assessor and Sheriff, to deliver posses
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 OF the duties Of their Offices until COM
manded to do go BY the law. No further COM
nunication was received by any Of these of6-
GERS. On SATURDAY., the 1Tth instant, Judge
Carpenter sailed for New York. On this Mon
day. morning, the City Assessor, Mr. Hughes.
Sheriff, Mr.. Query, on going to their respes-
tive Offices, found them open and in possession
OF those claiming to be their successors-a
policeman stationed at each door, who said he
was instructed to forbid and prevent their
entrance. Upon inquiring Of the Chief Of
had been taken under the orders OF the Mayor.
The doors Of the Offices had been looked on
Saturday and the keys we're in possession OF
the officers; the locks must, therefore, have
been forced or picked. Each Of the officers
had private desks and property in their Offices.
We have ADVISED our clients that it is clearly
their right to be restored to the possession
which has been taken from them BY force and
fraud, and that those claiming the offices can
hon n thT0nQh
the courts; but that they will no: be allowed
to take advantage OF their own wrong and
violence to prejudice the rights OF the incum-
bents.
But this force and violence was not resorted
to until one resident judge had gone away, go
that my clients must seek judge to whom
they can apply for the protection OF the law;
they are all men OF slender means, and the ex-
pense and delay Of such an application is go
far beyond them that it would amount to q de:
NAL OF justice. In addition to this, it would
be much more difficult, il not impossible, to
fairly hear such cause away from Charleston,
where all the parties, Witnesses and reoor1s,
which it may be necessary to examine during
the progress uf the cause. are.
Under these circumstances, We have deter
mined to apply to you, the highest judicial Of
fcel OF the State, for the hearing OF our case
and the granting Of the relief to which, in our
judgment, our clients are entitled; and are FUR
ther emboldened to ask Of You the favor to
come to Charleston to hear our motion. This
latter we do not claim as s right, but request
for the reasons given above, which westhink
sufficient to justify us.
II you will consent to hear US in Charleston,
please inform us Of the earliest time which
will suit you, and We will give notice to the
Mayor and others concerned OF the time and
place.
Hoping for your favorable and early reply,
We remain, very respectfully, -
Your obedient servants,
TSigne1l --'->.-'- LEsEsNE d MILES.