Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-11-25
SOUTH CAROLINA.


New YORK, November a. A Columbia, Is. Ca
despatch to the Herald says:
III. w. PurSis, adjutant and Inspector general
and member of the board of State canvassers has
resigned, but not before he had signed the certii-
Gates for presidential electors, congressman and
State officers. The remaining certificates he re.
signed, alleging frauds in the election of members
of the Legislation and county officers to which he
would not be party.
The Times Columbia despatch says the leading
democrats are getting tired of imperiling their
own chances for governor in a vain effort to help
northern democrats elect president. 1t was said
to-day that the democratic executive committee
were in favor of issuing ali address, saying they
make no issue with regard to presidential electors,
bat only claim they have eec.ed Governor and
majority of the legislature.
There was not the slightest grounds for the re-
port that orders for the arrest of members of the
board of canvassers have been issued by the court
and that they had fed TO Washington; nor for
the other report that the board acted under orders
from Washington. No lawyer from WASH ngton
or any where outside the city has given them any
advice on the subject.
They acted on their OWE. motion backed by their
counsel, that The law required them to finish their
work, yesterday, and that it would be hazardous
TO give the democrats any technical advantage by
falling to comply with the strict letter of statute.
COLUMBIA, November "A. The Court convened
at T.. NJ, in response to the rule issued at the
morning session TO the Board of Canvassers, to
show cause why they should not be attached for
contempt of court in refusing to obey its man
date issued on Wednesday. United States Dis
trict Attorney Corbin, council for the Board in
troduced an affidavit asking for further time.
The Court stated that if he would indicate the
line of their defence the court that they
would obey its mar damus, further time would be
granted. He would not do this and the request
was refused.
The council for the electors were instructed to
draw the order, but as recitation of all the pro-
ceedings was required as preface to the order to
commit the board for contempt, they requested
until tomorrow morning to file it.
The court said that they hoped the board
would in the morning obey its mandate, and
purge the contempt. If they do not they will be
committed to jail. The counsel for the REALTORS
then moved that peremptory mandamus be is
sued to H. f. Payne. Secretary OF State, to issue
certificates to all members of the general assem-
bly, including the counties of Edgefeld and Lsu-
rens in accordance with the order of the court
of Wednesdays session.
Associate Justice Willard said that the re lators
ought not to pray at this stage Of the proceedings
as Mr.. Payne was now in contempt, and the
court had no assurance that he would obey as he
had disobeyed their mandate.
Already intimating that the counsel ought there
fore to await the result of the rule before moving
this order, Judge Willard said here we have just
made a solemn decision in which he (Payne) is q
party as a member OF the State canvassers, and as
secretary of State. If the order in that case, an
order directed TO him well as to the Others on
the board, had been obeycd this question would
not have arisen. As the case now stands an incl
dent has occurred rare in the history of civilized
society. Men clothed with civil authority of lin
tied character, subject TO the courts of the land,
have placed Themselves in defiance of the highest
court in the State of South Carolina and are now
jeopa' NJ the security of justice and the secur
ity of peace.
We are now gravely considering the question of
issuing another mandate to another of this board.
cannot believe that when these gentlemen come
to consider the sanctty of their oaths of office,
do not believe they will longer resist the power OF
this court. Every legal power will be exhausted
By the court 10 compel from them what their con-
science does not yield. And whatever loyalty,
feality and justice there is in the community will
he exerted TO compel by force what conscience
does not yield We should take into considera-
ton the bearings to this question. The action Of
this board in my opinion will do more to call up
generous spirit in the people and 50 far forgetful
of part slnshp as to cause them to unite up
on the high ground of justice and truth than any
thing that has been done in the history of the
country since its first origin. Has this court any
reason to believe that its proceedings will be re-
spccted