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

snow little both of the meaning and
history Of tho word In England
"The greatest Of the Parliament men
J u this design of rotation and .ballot-
- being against their poMet.n t'No
magistrate WIS TO continue above three
years, and ell to be chosen by ballot !;
than which choice nothing could be
more fair or impartial. as twas then
thought. though opposed by many for
In Worcester's Dictionary, it Is de-
fined "a secret method of voting at elec-
uons: America-where the ballot is
practiced." And so Walker, and Sc does
Webster, and certainly had the word had
any popular aignifcatioa other thrn the
aaove, 1t would have b,,en given to uz by
Webster.
II an elaborate article on the word in
the Encyclopedia Britiann:ca. the corr
cluding 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 politi-
cal question, with fair view or the ar
gum ents adopted by either side." SO
aiso an able essay on the same subject in
the Encyclopedia Americana, presents
the word "ballot" as expressing the side
OF secrs. voting as against rita roce or
public voting. In neither of these arti-
cles Is the slightest deviation from the
dehaition above cited, nor is there an in
tiEatiOn that any other meaning has
ever been attached to the word. Ballot
represents the one policy and vira coce
the other. ~.
| 1t is to-day the question between par
ties In England. It is the main distinc-
tion between elections in England and
the United States. 1t has been charac-
tcristic 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 aud private asso-
Citations is the perpetuation of the ballot
by white stones and black stones, by
which the Oikarts casts their votes in the
judicial assembly at Athens, sui signifies
the eame as the taGuLea OK tabeliea by
which the secret votes were taken in
Rome. Thus history and literature and
the answering practice in the constitu-
tional and legislative assemblies from
1888 to the present day show one inva-
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 beginning of the existence of the
State In reference to Judicial elections.
| In 1860 the question was agitat.d, nd
as Is cited In the argument for the de-
Tense, a change was urged by tho provis-
ional Governor of the State, and finally
was carried in the convention assembled
that year. The Legislature was COM
IIianded 30 vote vivG voce in tie election
Of judges, and it was openly. declared
that it was 80 done to carry into effect
the theory of responsibility and subiec.
| ticn OF legislators to the scrutiny of thei;.
constituents. Again in 1883 tile consti-
tuition was changed, and the old method
ress,red. Is it possible that it can be
argued that the meaning os the word, 80
recently and with 30 muci. ardor dis.
cussed, was not understood? In section
J., articie 8, it is said that "in all cleo:
| tions. by the people the electors shall
vote by ballot" Gould the meaning or
the word be more sharply defined than IL
is in thatsection7 The supposition can.
not be sanctioned that the framers of the
| consultation could have 80 trifled with a
J 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 adduccd
to shew that "by Joint ballot" can mean
| Nby joint vote, nor that "ballot" means
4 tvote," without regs-! = she manner of
voting, 10 this: That in the journals of
the convention anG of the General As
Bembly, and in the reports of elections by
the publio press, the word ballot is cap
piled as q generic term, denoting the act
of voting as often as it is used as q spe-
ciic term confined to one particular
mode of voting"
There is no authority to shcw that it
has ever been SO used in any parliament
ary body in debate upon the question or
in legislation upon, the subject. The
i proposition, then, 10 In nowise sustained.
nor can think it sustainable. The use
of the word, relied upon by counsel, is a
mere abbreviation for the ccnyenience of
journalists and the press, and can in no.
wiss SO sanctioned tG establish the mean
ling of words ra'' fei fl'-tI'
The evidence in the body of the in
Iderstocd the words it. used, and upon
opehing the journal nothing is addnced
TO strengthen the defense. On the con-
tyary, almost the initfAtory debate In that
body was upon 'banot''!! as opposed TO
i voting by Viva rocc. tssiDfl,71
The fact that the 18th section, article
IA, was passed at the second reading in
the words. "by joint vote" Journal, p.
1919 and that it was subsequently,
changed. and ratified in the words aby
ljoint ballot" (Jo -rnel, p. 1867 co.npeis
us to conclude that the change was made
4 for q purpose, and that purpose can be
E..t che one indicated BY The dist; ).
between the words. -
Il Finally. the ratification and abortion
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 it must stand.
! 1t is with unfeigued reluctance that a
j majority Of the court has arrived ss the
conclusion reached in this case; but
whatever may be the Inconvenience OF
the individual hardships involved in the
decision, it is our solemn duty to declare
the law as il is written.
i It is, therefore, ordered and adiudged
!, that the plaintiff have judgment Of custer
J against the defendant, as prayed for ii
the complaint. = 8a, irs
The State of South Carolina vs. A. j
SHAY. Separate Opinion of McIver
While concurring fully in the opinier
: 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 involyed
that each OF us should formally expires
our opinions. I, tbss-efore, propose Il