New-York tribune., 1870-12-01
POLITICAL.
ALABAMA.

MONTGOMERY, ".
which Gov smith and State Treasurer bins -
or tno ,n,unction recently issued against the newly
elected officers as follows ,.o.,or on
First. Pending the campaign preceding inc cnf the
st, S'n & or with violence n they snou o NU
the Republican ticket but IL they should ot that
Il onid ne wcu with them They were whipped Tn
and wounded IN many instances "i M ~ efaIa few DAYS
ing from political meetings; ana III n,S While around
before the election, some o. were hurt several
the speakers stand-not white man ""' "'-
OF the wounded have since died. 49,, ,3olopoe wero |
Second On the day Of election fraud and Esycrs thou
sand coored voters thereby greyene where
Third The polls were not oIeI I "n,bicans Z" and they
we're compelled 70 20 homo without % HolR Republican
ienrt: In some tS Democratic officials refused 10
certify the returns, and by tins m i1ISd ,e defcated
Fi,fb: T6e CONSTITUTION requires p ~ eoVerpment by
sealed and TRANSMITTED 70 tRe presiding officer of the
Sepa1e who durne the fret W. HoDre ~ majority Of
open sn1 puomlis,% m % General Assembly The person hay
ing the highest number OF votes Shah 10 ue'cu u'!
eiSeed ,o constitution declares that Of con,
tested R m boh houses of the General Assembly
An sgc6 manner shall be prescribed by law Athough
been iaaco conotng the Governors election before
OC.1 OSliSf There were two candidates for Governor
VIM II. Smith, incumbent, Republican and Eoo'' b'
ESSh Gov smith is entitled by he Constitution and
laws hold the Office Of Goyenor tWo years, ana uh
bis successor is elected and qualified.
GOV Smith filed his bill in Chancery stating the fore
going charges and Others in detail and praying for an
Injunction prohibiting the presiding officer Of the Senate
the Hon. Robert " Barr from opening, publishing and
declaring the vote for Governor until provision
Is made by law for eOntestlng tho election be-
fore both Houses Of the General Assembly, as
provided by the Constitution, or until further
orders Of Court. An injunction was granted by Judge
saffold Of the Supreme Court, and II duly served
ON Barr, who Obeyed it. The vote for Leut-Goy MO
ran, Dem, was opened and published there being mo no
Ubn
was declared duly elected TO that office. Moran TOOK te
oath OF Office though not in the presence OF the Senate
as that body had retired from the Joint ahC
adjourned He claimed to be the presiding Chrer or
setsIy to ofn nbs2 and declare the vote for
ernor; he declared Lindsay duly elected by Las ma
Lindsay claims that he the regular legal Governor,
nent Gov smith has refused to comply with ne de
nand. There being apprehension Of riot and an at
smith called on the sheriff Of Montgomery County 10
take steps 10 prevent such 9con TIC Shen called ON
which request the Colonel promptly compiled with ana &
troops have been WltAdIawn.
GOV. SMITH IN DEFENSE OF HIS ACrION-A MES
SAGE SUBMITTED TO THE PRESS INSTEAD on
TIE LEGIsLATURE-HIS REASONS FOR AP-
PEALING TO TIE COURTS.
EONTGOMERY, Ala, Nov. 3O.-The following
extract from message Of the Hon. W. H. Smith con-
tsns that portion Of il relating TO the contest for the
Governorshp between him and the Hon r. D. Lindsay.
The abundant references to the statutes OF Alabama and
records Of decisions omitted Gov. Smith writes as
follows:
present time deem it proper to do nothing tbat Ioa,
sgsrayatc the controversy before the LeS.sature AZ
I'm support Of the course which have deemed u duty
h adopt therefore respectfully submit the document
iStureS '''''
In the message he says:
Nearly so years ago the Supreme Court Of Alabama
announced as law the following:
AN Office Is much species OF property as a1ything
which is capable OF being nc "a or owned @ anu 10 I
Of, dDiustly withhold u ls on injury Whch ne
law can redress ample as it can any other
aDt bst Claims to The right 10 Eoid it must
be determined in the same consIto'ona manner % al
other claims respecting property
The very Of civil liberty consists IN the right
Of every individual TO claim the protection OF the laws
When irreparable injury about to be done TO an nd
ydual does not require him 70 wait until II is
DONE but WILL upon proper showing give him it's ara
TO prevent such injury Our law not 50 defective as 10
pe destitute Of preventive remedies Tlmuts in our
country in opposition TO Lawson TO rights asserted IN
the mode prescribed by those laws, neither necessary
nor justiHabe.
Honestly believing that my right to the Office OF Gov
ernor Of Alabama destroyed impaired by the
late election aud that the Hon. Il. b. Lindsay has
right 70 the Office, have Gled bin in the Clan'ery
prevent myself from being deprived of the office upon
returns to the presiding officer Of the Senate which,
dered wholly invalid by evidence which VIII be pro.
20 The Office are properly presented for trial and decision
1n any proper tribunal The facts upon which base my
claims and deny those Of r Lindsay to The office are IN
bm any injury, hut do desire 10 prevent him or mo
parable injury OF wrongfuliy depri7nc Of tie Office
upon such mere returns, before proper opportunity 10
offered TO me In proper tribunal OF ou4 state 10 prove
~ believe can-that he was not fairly and awlAIy
elected me 10 the Office.
The course have thus taken is clearly lawful and
peaceabe. 1t 10 not intended, and cannot operate 20
defeat the viii purpose the voting people of
the State. 1t nsures an injury and decision in woper
tribunal rs to what was their viii and preference be-
tween Mr. Lindsay and myself. He is not enioned
prevented from bringing ont that inquiry and decision
hold myself ready 10 meet him on that inquiry Win
IN tGis citizen Of the state Wi more cheerfuy yled
than 70 the conclusion reached IN s9eh proSet lihS M
fbsf no man obt 10 be treated os elected whose seem
ng majority Is the result OF violence, laWcssue5s,
I'D Pfic ,itont first IN him 10 institite such
proof 70 defeat his claim This duty rs most uuplean
one int II / shrink from il / Gin conscious ] would
tSsieby set most pernciOus precedent. An tho people
are Vsy Interested il fair and lawful elections, aud in
fair and lawful counts Of votes really given at elections
This great Interest Of the wiCe people IS promoted by
the course have taken. ContIry course would really
DC my part surrender Oi TINS great interest ol tho
THUS far a. Governor have tried 10 be faithful to the
people at large even with perfect knowledge thai IN
doing 30 was losing the support Of political friends,
without any reasonable prospect OF gaining an eqMFa-
lent support from political opponents shall st pur,
Will not be aeterred by any consideration rom 0srng
and everything that tends 70 encourage unian ana ul-
The duty assigned 10 the presiding officer Of the Senate
by the fifth article Of state Constitution specific
II Is 70 "Open and pUDhsh" the returns Oi C-ecu9n
for Governor aud certain other ehceIs. IAol
yidual rights depend upon the performance or
nOnperiOrmance or that duty. No discretionary power
s. conferred upon him In respect 20 IT, The duty Is bl
stedal IS clearly as the du.y prescribed by law 10
Sheriff in relation 20 property levied upon under eHcc
The IS purely political, but is examine
Die in the Courts Of the country aud Courts proper
showing may exercise Jurisdiction over II. .,.
No authority s conferred upon the senate or House by
the Constitution IN respect o. said returns except merely