Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1876-12-01


to the people of South Carolina assuring
them that the action of the board could
have no legal effect whatever. He ap.
pealed to them to maintain their Charac-
ter as orderly and law-abiding people,
and said they would abide by the decis-
ion of the Supreme Court, feeling as.
sured that this tribunal will see that the
laws are enforced and justice secured.
Gov. Chamberlain, of South Carolina,
was interviewed on the 22d upon the
action of the Board of Canvassers and
the Supreme Court. DE sustains the
board and says that 1t could do nothing
else under the law. The law provides
that it shall sit ten days, which time ex
pired at twelve M. on the 22d. The
Governor does not admit the power of
the court to control the boards action
and insists that it has no power TO extend
the time. He also insists that the board
was not guilty of contempt, as the
court had issued no restraining or
der. Had il done so the board
would be clearly in contempt. He thought
the United States Courts could interfere
to protect the board, on the ground that
they were performing Federal duties.
Gen. Hampton, being interviewed, said
he had no fears of the result. He main
tanned that the board were clearly in con-
tempt and had faith that the Supreme
Court could regulate the counting. The
Democrats claim that the action of the
board has no effect, because the whole
matter was in the hands of the court,
and the Republicans consider the boards
action final. The court on the 23d is
sued an order reconvening the board.
The Supreme Court of South Carolina
on the gath issued a rule to the State
Canvassers and their counsel, U. S. Dist
Atty. Corbin, to show cause why they
should not be attached for contempt in
violating the writ of prohibition issued
on the 18th inst. and issuing certificates
in defiance of the court In response to
the rule Dist.-Atty. Corbin appeared and
asked for further time. The court stated
that if he would indicate the line of their
| defense or give an assurance that the
mandamus would be obeyed, further
time would be granted. He would
not do this, and the request was
refused. The court said they hoped
the board would in the morning obey its
mandate and purge itself of contempt.
If they did not they would be committed
to Jail Counsel for relators moved that a
peremptory mandamus issue to Secre-
tary of State Payne (also member of
the Canvassing Board) to issue certifi-
Gates to all members of the Assembly,
including Laurens and Edgeield Coun-
ties, in accordance with the order of
court of the 22d. Justice Willard said
Mr.. Payne was now in contempt, and
the court had no assurance that he would
obey, as he had disobeyed their man
date already. AS the case now stood
an incident had occurred rare
in the history of civilized society. Men
clothed with civil authority of a limited
character, subject to the courts of the
land, had placed themselves in defiance
of the highest court of the State of
South Carolina, and were jeopardizing the
security of justice and peace. Every legal
powerw would be exhausted by the court tO
compel from them what their conscience
does not yield, and whateverloyalty, fealty
and justice there is in the community
would be exerted to compel by force what
conscience does not yield The court
adjourned to the 25th. ....
The Supreme Court on the 25th pro
nounced Judgment in the case of the
Board of Canvassers. The sentence was
that they each pay fine of 81 500 and
be confined in the county jail until dis
charged by order of the Supreme Court
The Canvassing Board is composed OF
F. L. Cardoso, State Treasurer; T. @
Dunn, Comptroller General; VIM. Stone
Attorney General; II. f. Haync, Secre
tary of State, and II. w. Purvis, ex
Adjutant and Inspector-General A
five o'clock in the afternoon they re
ported at the Jail and were locked up
U. S. Dist. Atty. .Corbin, counsel of tht
board, appeared before the court ant
disclaimed any intention of contempt
He asked a postponement of the COURT
order in his case until the 9th tt
satisfy the court, and this wa
granted. The court took the orde
under advisement requiring the Board o
State Canvassers to make comparison O
the returns of the county canyasser
and the returns of the precinct manager
in the cases of Presidential electors
The court declined to issue an orde
giving certificates to the members of tn,
Legislature from Edgefield and Lauren
Counties, refused by the Board, bu
stated that such members could obtain
copy of the record from the Clerk of tn
court, which would be equivalent to
certificate. The following was receives
at Columbia on the night of the Goth:
WASHINGTON, Nov: %, 1876.--Gen Thos
RUGER, or Col. II. NJ. BLACK, Columbia,
} c.: The following has been received iron
the President:
| ERON, Secretary of War-lSir: D. II. Chamberlai
is now Governor of the State of South Carolin
beyond any controversy and remains so until
. new Governor shall be duly and legally inaugural
ed. Under the Constitution the Government ha
, been called upon TO aid with the military an
naval forces OF the United States, to maintain tn
republican government in the State against r,
sistance too formidable to be overcome by tn
State authorities. You are directed therefore
sustain Gov. Chamberlain in his authority againf
domestic violence, until otherwise directed.
In obeying these instructions you will ad
wise with the Governor, and dispose you
troops in such manner as may be deeme
; best in order to carry out the spirit of tn
above order of the President. Acknowledg
receipt. j. d. CAMERON,
Secretary of War.
FLORIDA.
The Judge of the Circuit Court of TaI
lahassee, Fla, on the 21st granted ten
porary injunction restraining the Gov
ernor from canvassing the returns of tn
ClSCloldl NObO VI issuing MS CCIbluCutS U
J any elector or electors, unless by orde
of the Board of Canvassers, and issue
an order to the Returning Board to sbo,
: cause by the 23d why mandamus order
ing them to proceed with the canvas
i should not be issued.
The case. of the injunction agains
: Gov Stearns and the mandamus agains
the Returning Board of Florida was al
/ gued in the District Court at Tallahassee
; on the 23d. An affidavit of the Gov
} ernor was presented in which he state
that he had never made up his mind :
canvass the vote; had not stated to any
one that he had done so, and up to tn
present writing had not decided that h
: was empowered to canvass the votel
| Counsel for the Democrats argued tha
Q the Governor had no right to canvas
the electoral vote, but such right re
! sided in the Canvassing BoarC
: he further argued that the court coul
= restrain the Governor from performin
r an act he had no right 10 nerforn unde