The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-03-21
EVENING SESSION

An act 20 regulate. reduce aud cause cone
! formity in tho TOLLS aud charges Oh thu
Mobile and Ohio Railroad and for other
/ purposes, was taken up.
Mr.. Marrnicrc moved % refer thc hlll Co
| the judiciary Committee.
Mr.. sullivan moved 90 amend hy striking
out the word "Judiciary' aud inserting
Unfinished Business" Lost; aud che moo
ton TO refer the bin to the Judiciary Come
mittce was tabled.
Mr.. French moved o. indefinitely po.t-
pone che bill.
Mr.. willing moved % reconsider thc vote
whereby the motion a refer uie OH to thu
Judiciary Committee was tabled. Carried.
Mr.. street moved 90 amend thr motion to
refer the bin 90 the Judiciary lumuiittcr
! by adding Instructions that if thc commit
tee deem legislation necessary 90 report re-
general bill. Carried.
An act 10 amend Article Z. Chapter B. of
the Revised Code of Mississippi was taken
up.
Mr.. Carter moved go refer the bin ro the
Joint Special Committee on Public l'rint-
Ing.
Mr. IIuggius moved 10 lay che motion go
refer the bin tO the joint Special Commit
tee on Public Printing ou the table. lnHti
and under The operation Of tho previous
question, the motion to refer Wts carried.
Yea, a.; nays a..
PROTEST or THE coNsERyAuva AND
pEMoCHAIs-
The following protest la the contested
election case from topiah county was or
dered 90 bc spread upon tho Journal
Mr.. SrEAKER The undersigned mem
ber- of the House oi Representative dc.iIo
70 enter this their earnest protest against
I the action OF this body in denying tu Messrs.
/ King and Afford, the legally elected Repre-
sentatiVc- of the county ui tupithi UN "a
majority of two hundred aud thIrty-nYe
/ votes, their seats. aud awarding thr same
to Messrs. willing and Handy che defeated
/ candidute.. Accomplished as this result
/ has been in thc face of overwhelming aud
/ undisputcd authority upon tlc legal uucs-
/ ton ln the case, aud regardless ot tno th-
/ scnce OF evidence OF tho least Importance or
| significance, We are forced 60 conclude chat
! the majority have been Influenced hy polite
/ zealand partisan feeling, Instead 81 proper
/ regard for thc law aud evidence. a prcnre
| dent OF this sort we deplsre and uuquHlit-
/ cdly rcpudlatc us subNcfsiNc OF itrpuplirtu-
/ ism, and iu Keeping with the evident design
/ Of "a large element of the Republican party
| 10 subyert our existing Constitution, and 90
/ rear in its stead centralized and cousDli-
dated Government. which movement We
regard as none thc less dangerous because
| IL is insidious.
In tie Coplah case thc legal question made
10y the majority OF thc Board ui Eegitirnrt
was thar thc Inspectors and clerks ut trya-
tai Springs box, east ~ thc railroad, Hnd ht
BurtoutOu. were not sworn until about MI Or
l2O'clOck during the dayof ClCutiOut ulhuuUh
the oath was signed by them ut the time of
the opening Of thr polls. we refer ~ ine
authorities cited iu the report Of Mcssrs.
Sessions aud Goar, Of the Contested Election
Committee, al well as many other author
titles, embracing every state, from Oregon
10 Maine and from Michigan io Lounl-
ana, forming AN unbr0ken current oi dcci-
sions Ia favor Of the validity of such eiecr
lions.
But even aside from an adludlcati0ns, tho
following section, in thc Code Ot lelli Dry
conclusive:
..5ec. 3l7. The official acts Of any person in
possession Of any public office, aud oNpr-
cising the functions thereof shall De- valid
aud binding as lawful Official acts Doc regard
10 all persons Interested or Affected thereby
whether such person shall bC lawfully cu-
titled 10 hold such Office or not; add
whether such person De lawfully
qualified or not; but such person
shall be liable % ali the penalties
imposed By law, for usurplng OF unlawiuly
holding such Office, or rNerritlnn thc lunc.
tions thereof without lawful right 0r with
out being qualified according tu law lu-
dependent, however, Of Jaw aud authoutlcsi
the cTudcst ideas Of justice and equity
would lead ~ the conclusion Chat innocent
voters who Deposited their ballots orderly,
quietly. and in good ialtli SHAH not lose thtlf
votes, or be deprived Of their voice. ln Che
Government, on account Of che corruption
or ncglig cnce Of the Boards of Inspector 0r
officer charged with the duty OF ndmlulsttr-
ing the oath 20 them. WecaunOt avoid the
conclusion, from the evidence Boz thc cases
that a majority Of the Board Of Registrar
In assuming judicial f@ctiOns, when, under
the law, they were only ministerial pMrerst
acted either in gross Ignorance OF lhclt
duties. or corruptly and frauduieuuyi III not
In collision with the candidates tO De- lcnc-
fitted by their violation Of the law and dis
regard OF their duty.
The attempt OF the contestees 90 show in-
tlmidation, fraud and violence. amer have
ing failed upon the legal proposition, can,
looking &C the testimony produced, only
excite wonder and contempt-WOudcr at che
audacity and contempt for the mis-
cradle subterfuge. The principle testimu-
ny relied upon by Messrs. willing and
Handy was that OF Che brother and brother
in-law Of one Of the cuutestues an of which
we regard AZ absolutely frivolous. lu iact
nothing scarcely appears ia the record ca-
cept statements Of occurrence during the
years 1861, 1868 1865 aud 1870, having no
relevancy Whatever improperly admitted
By the Committee, and brought i0r"aTu lt
seems, for no other purpose tlan ~ fAclle
the prejudice Of such ns are easily lnuutuc-
ed la that way. The result has shown ulal
the attempt was not made WITHOUT cue cone
Alteration. and has wlndicateu the nhrDW0e
mess ~ thoae who conceived g. M nny-
thing further was necessary - show chat
the cOntesrees were not entitled 90 their
seats. IL was clearly demonstrated when the
DroDOsitlOu was made ln the House, that if
Willing would make an afidnVit that Do
believed he was entitled % his seat that AN
opposition would be- Withdrawn, aud Dec Do
be accorded 20 him, which BE- declined to DO.
Awaiting ourselves OF the only privilege
left us As a minority, poweriess % cohtlot
name M the vrooged psople on C0plnh
comfy ana M ne probie of the whole
state. moet soicmnlv protest against thn
revolutionary. Unconstitutional hhQ un-
warranted action Of this ttv.se iu aaaNh
tors OF Coplah county, in the seating OF thc
defeated candidntce4
i kimbrOugh HOLLOWAY
G q buchanan i \ Applcwhitc