New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-12-02
VIEWS On SOUTHERN ISSUES

VIEW > ON oOO Him 1ooCL
1FGAL ASPECTS or IMPORTANT QUESTIONS.
Ilo-poH,rroN COUNSEL wuIrSEY's OPINION oE THE
POWERS OF THE socTu CAROLINA svPREME
corRr-r c. BENEDICTs VIEWS.
T., tine effort to obtain the views on the
e~,s Carolina imbroglo OF representative men Of al
s..icps. n TRIBUNE reporter yesterday called upon
(,.,,r icadiuc lawyers and JUDGES, and asked their
,rs i REGARD 90 the leeol aspects Of The question:
80 i1o i'm that state Many Of TIE gentlemen declined 20
, On the suhicct giving as reason tne Importance "I
,1o matter and the CAREFUL study required before an
i-,n could be formed, upon the soundues5 OF which
- ,,,d b., Wiling TO rest his reputation. Most o.
sstous No issue depended foc their solution upon
I,rs which they had not examined or even sccn.
v-uiou C. whitney, Counsel % the Corporation, m re-
M en- ouoston as 10 the right OF the supreme Court or
sb carolina 10 adudic3te matters that were before
trc returning Board sa'd'
think the scope and character n the decision o. The
si.--.le Cour. has been misunderstood mere ls no
g6I.t as matter of Jaw, th4t tae p7' en- 's , t
~ - 5sra0n or judgement exists in an officer, 10
rig OF m ,,ntrolIei ty tue courts. the question
t'A y, 81 Ia B5ar1 hare GHg r1y NJ judgment ~
J.,.,t,., Upon chs question - pit.le court OK
.s So. has riebt 60 - - .lsion IS final.
t,f G'.sfitutiou 0f the Ts - south Carolina pro-
49, amt each House of las - gisiatlre shau pc tle
go. ~ the =" eect9a re'j8bg' OF its members. Now If
~ ,ffr on these election eturas' 90 the Returning
Board, it contrary .aS ,S se' s p1c' ne e'-'ol
irene Court Of the state, when the n'iter
IA bropet before IT, decCeo tnat Cine board must Ger
10 Ia elected those who a.poaieJ upon tl2 Iace ol he
r1iu lO have hcca tccirli ln Cthct Nofi-' ti. que
bord lad udicial functions win reference to h'Hl-
~ of ~ Legsature-n0 Judgment and no discretion
m cx.rce 70 not unCett1dlae % review oi eoNt.I
~, SION f.ITt tIcy had mo- such powers under their law
no adudclte 9s 90 me powers ol pa3H. .l cl- ull.
~. ~ chest court IN the STATE is final II tEe l4w
linen te cousutuuohHhtF oi tne ld" WIS ll'oite. '4
tsf eg.suau Jr supreme Court 0t the cstl ls I'D. uh
ano ~. IT,, United saics how to the dgcisJn
of Inc state court upon lhat question:
F. c. BENEDICTs IMPRESSIONS.
r. r. benedict of No. 81 wa-,t talked freely on The
seet but presaced the conversation with tae remark
thar m had not examined the points carefully, nor seen
fhe laws Of South Carolina, and could give Only MS Ili
r,ns The power of the Supreme Court TO revise the
o ,f Tie Board of Cluvassers was entirely matter
of bc state laws; IL was question Of fact not OF
or.ro1 He Thought that the United States CoT, mad
mower TO interfere with the state court IN question IN
v.Ivirr the election Of Presidents ana
would be perfectly proper Tor ic''l'.
irdrc TO issue a writ OF haheas corpus IN the hel OF
the aUeeed contempt by the canyassers Tho question
of the election Of members o. the Legislature nom tAe
dis,ufel counties was one 70 DE decided ultimately by
the LEGISLATURE ITSELF but during it's organization 10 WAS
proper 20 exclude the claimants who had no ceIuhceS
FROM the floor II would have been wrong 70 ADMIT the
Mt Benedict saw reason 70 anticipate any trouble
from the existence Of two Legislatures each claiming 10
he the legally constituted body. There was no dancer OF
,,1ipg evcept a LEGAL conflict between them and tue
courts would soon settle that II House should
recognize Chamberlain and the other Hampton as Gov
r0r each would sign only the bills ressed by the House
represeuting his party, and none would De recog-
uz.d as laws until they have passed be test of judicial
decision which would De soon reached In sucn ques-
ton De sawnO right OF the United states courts TO inter
fore There was O similar case-m its legal aspect
Do flrC saw
decided by the supreme Court Of Pennsylvania There
was no danger that the troubles would not work thcm-
selves ont by quiet methods, and soon as decisions
we're reached all excitement would cease People talked
o. political crisis he had seen many worse ones I'D S
time and with 80 bad results There was talk OF there
he1ga strain political institutions it only showed
how much strain they could bear wit-out
injury The representative OF Austria remarked
10 him, after an I exciting mayoraity eieclon
i1 this city So years ago. that he was umA4eh no tLe
readiness with which Americans accepted results ana
7uhsded into quiet from the excitement Of cam
usrn 80 other nation the world could pass through
such periods Of excitement without tuHut and blood
she'd Mr. Beuoiict recalled an election held in TINS
CITY many years ag8 when the polls were open for three
days Great anxiety felt aud so serious were 'he
suurebensions Of disturbance that stores were
closed and business streets were almost deserted III
The Courier and Enquirer Office arms were stored and an
attack Ou The building was ted. When the election
closed and the results were announced every one seemed
oou.euted and the city was as quiet as ever. II would
De tie same in South Carolina, Louisiana, and the
nation no lar,s tie wanted the VINO were right
fv elected 20 De placed u Office and he believed they
would be- Il was nonsense 20 talk Of election being
ytated bv fraud there seldom au election with
on. fraud on sidr, on both sides. PARTIES htd
tIwpt@- by rand and over AGAIN; our own state
showed instance In some of ltt uLlcfh
States the law eHve the returning hoard~ power %
cvtrrne NOT rnereV the number OF ha o east "u also
s nies,ls-s Of rsB any county prcciuct ln slru
he BUssld OuEst % tNrci.s tss power "ft i'
Thought 90 that Tie right OF revision should pe
vested somewhere.
Mr. Beuedo5 was asked his opinion of President
Grants dct.an u paclg troops iu South Carolina tll
Louisiana previous te election, and OF the cordnr' ~
Gen. Ringer ia Jolumbl. He answered thai he u"n-As
they "a Gen. Grant has never SHOWN tItii'ft
staesmtnslip than ina of the array ln Louisiana
lew years ago % prevent bOOdshcd ana secure tiu-
guilty. He could Jat there nal been any li!r-a!
a.tDl a show or strength was needed, ana ObFlaiDo
e necessity OF its employment. The same objections
which have been made 10 these measures were m"te
AGAINST e ne - troops bv Sheridan % preserve order
after the burning OF Chicago; puf the wisdom OF ms
course was soon manifest, and an complaints were
sieuced 'r Benedict closed as DC begun WIN an cA-
preston o. confident assurance that there would ne no
serious c8guIe and that the different states anu tue
Lltl0u were slI- To come out All Esht.
SENATOR ALLISON or THE SITUATION.
III Is SURE THAT HAYES Is FAIRLY ELECTED-NO
SERIOUS TROUBLE APTBEHENpED, But