The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-04-18
The Chalmers-Manning Case.

The decision of the Supreme Court IN
the case Of the petition of }. X. Chal-
mers for mandamus to III. G. Myers,
Secretary of State, to issue to him a
certificate Of election, is printed in an
other column. The case, Invested of legal
phrase which mystifies the mind of the
unlearned in the law, is as follows: In
Tate county, the certified statement Of
the Commissioners of Election, set forth
that V. II. Manning received ] ,l66 votes,
and ]. r. Chalmers ,472 votes. A tally
sheet on the next page set forth that
Manning received ], l66 votes, and d. II.
ChambIess Lap votes. After hearing
argument and refusing to obey man
damus of the Circuit Court Judge
Wharton), to suspend the canvass until
the Commissioners could explain the dis
crepancy and declare what they intended
to certify, the Secretary of State then
and there certified to the Governor that
Chamblcss received ! APP votes, and that
therefore Manning was entitled to the
certificate, whefcupOn the Governor
commissioned him. Chalmers instituted
proceedings in the Circuit Court for a
mandamus requiring the Secretary Of
State to make another canvass for the
purpose of correcting the error, il any
had been made Counsel for Myers
asked for verdict by the jury, which
was composed of white and colored
Democrats, Grecnbackcrs and Republi-
cans. Under the instruction of Judge
Wharton, the jury rendered a verdict
that the prayer of Chalmers for re-
canvass Of the returns made by the
Commissioners should be granted. My
ers appealed to the Supreme Court, and
its decision is that there is no judicial
remedy. 1t has declined to express an
opinion on the main point of public in
tcrest, viz whether the Secretary of
State should have been guided by the
tally-shcct, or the statement certified by
the Commissioners, which Immediately
on discovering the discrepancy, they de-
clared by amended returns, was the true
! and correct statement of the Tate coun-
ty vote, viz: For " Fl. Manning, /, 1877
for J. r. Chalmers, l,472. The Court
holds that the Secretary Of State hay
ing certified that the mythical 81, r
Chambless' received the 1872 votes, anC
the Governor having issued a commits
sion on the faith of said certificate, the
case, whether right or wrong, is abso
lutely without remedy, and that thu
Court will not render a decision whicl
it cannot enforce. In plain words, afte
Il commission has been issued, whethe
rightfully OF wrongfully, it is irreyocei
able, and the Courts can neither recall
it nor compel the issuance of new one
The Court says in effect, it will not pla
the part of mere painted Jove withou
the power to thunder The extensive
State Law Library affords no light t.
point the way How TO Do 1t, or rather
How To Undo It. TO cut the Gordial
knot was the one thing that could no
be done. The opinion is therefore bal
rem, and brings forcibly to mind Boz
wells story of the author who wrote
book ON Ireland containing chapter o
"Snakes." He briefly said: "There ar
no Snakes on this island;" and that's a
he did say, In plain language, so far 8
the Court of highest authority is col
cerned, whether Chalmers, or "Chan
bless" got the 1872, its "a gone case" {
rcmediless as n claim on a Matrimonial Ii
surrance Company-gone like the shil
wrecked albany" the "Porpoise' {
Sir John Franklin's expedition, or tt
last aeronaut, not to be reached by ship
or Attic explorer, or snow-shoes, or di
ing bells, or telescope sweeping the nj
The public who expected a decision
the merits Of the case, will be disappointe