The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-01-18
COLUMBIA, S. C.
Sunday Morning. January 10. 1874.

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In an article OF the Constitution of
the State Of Texas tits provided that
''all elections for State, District and
County officers shall be held at the
County seats Of the several Counties
until otherwise provided by law, and
the polls shall be opened for four days,
from 8 o'clock A. NJ. until O'Clock P.
M. OF each day" The Legislature, nt
it's session in Jannsry, 1873, passed an
election Law, which changed the places
where they were to be held back to tho
old precinct Cystem, and reduced the
time from four days to one day. It is
made q question whether the clause in
the Constitution. ''untii otherwise pro.
vided by law" can be fairly interpreted
to justify change in the time within
which elections are to be held, as we'll
as to the places whore they are to be
held. The now law expressly repealed
the old law, and there is no doubt of its
oonstitutionality il this respect. There
is, therefore, no election law in exist
enoe but that passed in January, 1873.
1t was acquiesced in by all parties in
the State, and the Governor (Davis) ap-
proved of it without a murmur. The
general elections were held under it last
December. and resulted. by $4,000 ma
jority, in favor Of tho Conservatives.
Davis suddenly saw new light. The
election law was branded with being un-
constitutional, and fictitious case was
made up TO test the question in tho
Texas Supreme Court. The court, Of
course, ruled against the law, and has
attempted to set aside the results CT the
recent election. It is thus attempted,
by legal machinery, to defeat the clearly
expressed judgment of. the people at
the polls, and to continue in Office, for
another two years, those who have
failed to command the snffrages of tue
people.
Taking hint from the action of the
President and the Attorney General, in
the similar case of Louisiana, Davis,
Few ;asys ago. telegraphed to, the Presi-
dent. asking the Csc of troops to pre-
vent apprehended violence. The Pre-
sident replied that the call could not be
granted, and intimated, further, that,
as he (Davis) had approved the election
law, and both parties had made nomina-
tions, and conducted political canvass
under its provisions. it would be only
prudent and right to yield to the verdict
OF the people. It appears that Davis
has seen ft to Disregard this wholesome
advice, and has Issued proclamation.
forbidding those who have been elected
ss !esislstors Or for other Offices to
assume the positions they claim. Not.
withdrawing. the Honse and Senate
met in joint aession on Wednesday last.
and. upon count of tho vote, declared
Coke electsd Governor. and Hubbard
Lieutsnant-G Governor. The oath of
office was duly administered, and the
Governor delivered his inaugural ad.
dress. Davis had his men armed with
muskets and bayonets fixed, standing at
the base OF the capitol, to prevent in
gress and egress OF members. The
United States Marshal telegraphed to
Washington that conflict seems in
evitable. In reply, the Attorney. Gene.
raj limits him to the exercise of O
merely moral influence. Davis again
asks for military assistance, but in reply
it is stated The. ''.hs policy OF the Go
vernment, in this regard. has not
changed since the telegram of President
Grant to Davis few days ago." These
facts We have thought it necessary and
proper to present in their order.
We have not usually taken favorable
view of the pnblic conduct OF President
Grant. Hs hns appeared to us TO be
arbitrary III his appointments and gcno-
ral policy. He has been too prone to
indulge the predileotions of the cliques
about him. But we know that he has
generous impulses, from his conduct at
Appomattox. We know that, when un.
obstructed, he is capable OF justice.
Ills report upon tho condition and feel
ing of the people of the Southern
States soon after the war, was fair and
L..