The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-01-31

history of the word in England
"The greatest Of the Parliament mer
hated this design of rotation and ballot
| ing as being against their power" "Nt
magistrate was to continue above three
years, and. all to be chosen by ballot
than which choice nothing could be
more fair or impartial, as twas 'the1
thought, though opposed by many fol
several reasons"
In Worcester's Dictiopary, it is de.
fined "a secret method Of voting at cleo
| ticns. America-where the ballot is
| practiced." And so Walker, and so does
Webster, and certainly had the word had
any popular Specification other than the
above, it would have been given to us by
Webster.
/ In an elaborate article on the word in
the Encyclopedia Britannica, the con.
Guiding sentence is as follows: "It is one
of those matters of which it is necessary
in work like the present to give some
historical account, and at the same time to
explain its existing position. as a politi-
cal question, with a fair view of the ar
guments adopted by either side" So
| also an able essay on the same subject in
I the Encyclopedia Americana, presents
the word "ballot" as expressing the side
of secret voting as against viva voce or
public voting. In. neither Of these arti-
cles is the slightest deviation from the
definition above cited, nor is there an in
.timation that any other meaning has
ever been attached to the word. Ballot
represents the one policy and vsvG voce
| the other. -
It is to-day the question between par
ties in England. tits the main distinc-
ton between elections in England and
the United States. 1t has been charac-
teristic of France in her republican gov
ernment, and is to-day an open question
in every constitutional and legislative
body that assemblies in the United States.
| The expression "black- balling" still used
| in secret votes in clubs and private asso-
Citations is the perpetuation of the ballot
by white stones and black stones, by
which the Dikarts casts their votes in the
judicial assembly at Athens, and signifies
! the same as. the ta6usG or labelled by
which the secret votes were taken in
Rome. Thus history and literature and
the unswerying practice in the constitu-
tional and legislative assemblies from
1888 to the present day show oneiinva-
riable meaning and application of the
word. And as it was used in the consti-
tuition of 1868, so it had been used from
the begiuning of the existence Of the
State in reference to judicial elections.
In 1865 the question was agitated, and
as is cited in the argument for the de-
Tense, a change was urged by the provis-
ional Governor of the State, and finally
was carried in the convention assembled
that year. The Legislature was COM
manded to vote viyo voce in the election
of Judges, and it was openly, declared
that it was SO done to carry into effect
the theory of responsibility and subjec-
ton Of Legislators to the scrutiny Of their
constituents Again in 1858 Che consti-
tuition was changed, and the old method
restored. Is it possible that; it can be
argued that the meaning of the word, so
recently and with SO much ardor dis.
cussed, was not understood? In section
l.: article g.; is said that ''in all. cleo.
tions BY the people the electors shall
vote by ballot.h Could the meaning of
the word be more sharply defined than it
is in thatsection The supposition can
NOT be sanctioned that the trainers Of the
constitution could have so triaed with q
word of such magnitude as to have used
it in senses exactly contrary to each
other in two such important sections Of
that instrument. The authority adduced
to shewtha "by joint ballot" can mean
"by Joint vote, e,"e or that "ballot" means
"yote,n without regard to the manner Of
voting, is this: That in the journals of
the convention and of the General As
sembly, and in the reports of elections by
the public press, the word ballot is zap
piled as generic term. denoting the sact
of voting as often as it is used as a spe-
cifc term confined to one particular
mode of voting" '.4
There is no authority to shew that it
has ever been so used in any parliament
ary body in debate upon the question or
in legislation upon, the subject. The
proposition, then, is In nowise Sustained,
nor can think itsustainable. o The use
of the word, relied upon by counsel, is a
mere 'abbreviation for the convenience of
Journalists and the press, and can in no.
wise be sanctioned to establish the mean
ling of words: i.-s.,
i The evidence in. the body of the in
Istrument shews that the convention un-
derstood the words it used, and upon
lopening the journal nothing is adduced
ito strengthen the defense. On the con-
[trary, almost the initlatory debate in that
lbody was upon "ballot' as opposed to
voting by gsvG uoce. -. is
I The fact that the 18th section, article
4, was passed at the second reading in
lthe words "by joint vote" journal, p.
l617,) and that it was subsequently
changed. and ratified in the words '''by
| joint ballot" Journal, p. 1867 compels
Jus to conclude that the change was made
for purpose, and that purpose can be
but the one indicated by the distinction
between the words.
| Finally, the ratification and adoption
of the constitution was submitted to the
people of the State. The instrument
was adopted as it is written, and that is
what it means, and so il must stand.
1t is with unfeigned reluctance that a
majority of the court has arrived at the
conclusion reached in this case; but
whatever may be the inconyenience OF
the individual hardships involved in The
decision, it is our solemn duty to declare
the law as it is written.
! It is, therefore, ordered and adjudged
| that the plaintiff have judgment of custer
against the defendant, as prayed for in
the complaint.
The State of South Carolina vs.. A. J.
Shaw. Separate Opinion of McIver
| Al.
While concuuing fully in the opinion
filed as that of the majority of the court
it has been thought due to the dignity o.
the office in question, and the Importance
and gravity of the questions involved
that each Of US should formally express
our opinions. I, therefore, propose t