The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-25
THE QUO wARHAMTo CASE.
EoFoxo MIR. Associate Justice willard
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At 10 O'Clock Yesterday morning, the time
appointed for hearing the return to the writs
of Q@o soaryanto served on Aldermen Barrow,
Il. j. MaCkey and Greene, the res oOndents ap-
peared through their ooNnsel before MIR. Asso-
cate Justice Willard, sitting ia Chambers.
MIR. Tharin of counsel for Aldermen Barrow
and T. j. Maokey. moved that further proceed
ings under the writs be forthwith quashed, and
was proceeding to quote authorities in support
of that cour so, when the Court interrupted
him and declined to entertain the motion.
Mr.. Bowen. the senior counsel for the same
respondents. then proceeded to read the re-
turns to the writs in their respective cases.
The returns are substantially the same In pur-
port, and recite that the said David Barrow
and 7. j. Mackey were duly elected Aldermen
for the Oity OF Charleston on the 10th day Of
November last, for term of Office which has
not yet expired; that they duly qualified and en-
tered upon their duties on the Sd day OF May,
inst, and that they hold and exercise their
Offices as Aldermen Of right and by warrant of
law. And in reply to the suggestion filed by
the Attorney General, on behalf Of tho State,
they make s. general denial OF the allegations
therein contained, Alderman Barrow affirming
that he was. at the time Of the election, and
has been ever since. and is now, resident OF
Ward No. 8; and Alderman Il. j. Maokey affirm
ing that he was resident Of the State ut tho
time OF the adoption Of the constitution there
of, and exercised his right as an elector by
voting at the election for the ratification OF
said constitution. All Of wh,oh statements
are duly supported by che sworn afHdavits OF
the respondents aforesaid.
Mr.. Z. B. King, Of counsel for Alder nan
Greene, read q return TO the writ ISSUED
against that Alderman, which generally de-
MES the allegations contained in the sugges-
ton, and objects to the Same on the ground
that they are unsupported by affidavit, and
claims that the relator was not in fact the At.
tornoy- General. but some private person OF
persons. and that the signature of the Attor-
ney- General was only affixed to the suggestion
pro Jo7ma.
Mr.. King was proceeding to argue this lat
ter point, when he was interrupted by the
Court. who decided that there was no ground
for going behind the signature Of the Attorney
General. unless counsel were prepared to show
that the same was unauthorized.
Mr.. Kinr then proposed to offer afidavits in
support Of the alleg contained in the re-
turn OF Alderman Greene.
Mr. Presley, in behalf of the relator, said that
if the counsel for the respondents proposed to
try the case by afidavits. the counsel for the
relator would assent to that proposition.
Mr.. King explained that he meant only to
present the affidavits as basis for quashing
proceedings under the writ. Otherwise his
client wished to put himself upon the country.
Mr.. Bowen said that Alderman Barrow and
7. J. Maokey also desired to put themselves
upon the country. He contended that an AS.
sociate Justice, sitting in Chambers, had no
right under the Constitution Of the State to
try and determine questions of fact.
Mr.. PRESLEY, in reply, argued at some
length to show that by manifest implication
the court. In some cases, had clearly the right
TO try and decide questions Of fact as we'll as oi
law. He urged that it's powers in this respect
were analogous to those of chancellor under
the old judicial sytem Of the State, and cited
precedents to show that in many cases such q
right had been claimed and exercised by the
chancery courts.
| The Court said that this was o question O
vital Importance, and one by which many In
terests would be seriously affected. He would
therefore suggest to, counsel that an occasion
should be fixed when the matter could be fully
discussed. Thls could not be done now, az
the session OF the Supreme Court was about to
open. He would frankly say to counsel, ow.
ever, that his prepossessions were adverse ia
the concession that such a right belonged to
the court. Ill A VI
Mr.. Pressley said that he desired q full ar
gument Of the question. and If the decision Of
the court should be adverse, he would move
thatleave be granted to transfer the cases tc
the docket Of the Supreme Court, in order tina.
the question might be brought up before a full
bench.
BY consent Of counsel it WAS then arranged
that the hearing Of the argument on the con.
tested point sh ould take place at 4 O'Clock this
(Tuesday) afternoon, Tho court then ad.
journed.
LARGE LAND SALE NEAR CHAnLEsroN-THr
BLAKE BARoNY AND OTHER VALUABLE Property
SoID. The changes which have been brought
about by the revolution through which we
have passed, have rendered many alterations
necessary in the conduct of a large planting
interest in the South, and the improvements
demanded to produce successful result, will
induce many large landholders olessen their
interest in order that the remainder OF their
estates may be conducted with more undivided
attention. A sale has just been completed Of
one of the most extensive and valuable plant.
ing interests on the Southern seaboard, TIE
tract being principaiity in size and composed
of splendid rice estate and an immense body
of valuably upland. This princely domain has
been purchased BY the well known commercial
house Of our city. Messrs. Willis & Chisolm, who
are associated with Henry Hart, Esq., OF New
York, and consists first of the Blake
barony, late the property Of Daniel Blake
Esq. situated on the Combahee River, aud
which has been In that family since the Colo.
nial times. This tract, 70 which some additione
we're made from time to time, has, sn area
Of about fourteen Thousand six hundred acres
OF which fourteen hundred and dtty is fret