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v-,. r ?*/. .?'?.?V?. >r ^ ... ; .! ,;, ??h- . i ?> . -o-.' li'-ds > .wsf/* -orti:! ?-i>; .a-iiiLjjfjji^! !fc ..Ji?i*"?.rtH?(?y? nu .,m/!.{> ; _ 4<.,*^",l7jt:_i,1Jl lS,ir, ?Jch^?niril* > j ?nfc **? ?mit?* oj tono BATHS OP 3V?3CnirT10H.-Osa DpxLAft .*A Frrrr CWT? por ?onuta, Ia advance. Two Dolt*** *? *~ ? f?SS. Os= DOUL4? for tis ^?^Iptlon? ar? ?ot taken for a lus ??ried has ?I* ?9?mu?. ?tiws cr ASfxsrr '.S^Oae r^j.^. "iuare ol ono Inch for tnt, nm insertion,aa* Piny ?-intf purfiuu? foreuhsequcntinaertfonslcMtkjui three mouths. No advertisement* count? UM thUI?r*1?ont'r?wU wUl bo mad a ?ri th tho?? withins advertise for three, alx or twelve months. Ad t.rtlsing by coo.ract mutt be cent ned to tho lov BjedUtebualneMofthenrnj or Individual contrae. U<juUuary Hollo?* exceeding; S va lia?*? Tributes of Keapect. a&d .all personal communication 1 or malters of Individual interest, will bo charged for at adrertUdaf rate?. Announcement? of man?ase* and dost^s, and nptieei pia religious character, are reapectfullT solicited, ana win bc Inserted gratia VITA TOCE TS. BALLOT. Decision of tito Supreme Court that the Constitution Require* ? Joint Ballot of th? General Assembly In the Election of Circuit Judges. lu the Suprema Court-The State of South Carolina against A. J. Shaw; Opinion by Haskell, A. J. Tue question in this caae is of the most serious character. It involves the con struction of an important clause in tho constitution of the State, and upon such construction depends the title to one of the highest and moat honorable offices in the gift of the State. Th? court, im pressed hy tho gravity as nell as tho magnitude of the matter which it has had under consideration, while lhere is division of opinion, has nevertheless ar-' rived at a conclusion, concurred in by a majority of its" members. Tho opinion of each Justice will be rendered sepa rably, and I proceed to state some of tho reasons by which my mind has reached that conclusion upon which tho judgment of thc court is bused. The action is brought in the name of tho State by the Attorney General, and is against A. J. Shaw aa occupant of tho office of Judge of the Third Judicial Cir cuit of the State, claiming to have been elected thereto on the 12th day of Feb ruary, 1876. The second and third alle gations of the complaint, and upon which the questions hinge, are as follows : "2. That the constitution of tho-State of South Carolina, article 4, section 13, provides that for each judicial circuit a judge shall be elected by joint ballot of the General Assembly. "3. That said A. J. Shaw was not elec ted Judge of the Third Judicial Circuit hy joint ballot of the General Assembly, as the constitution of the State requires, hut was elected by the viva voce vote of . thc Senators and members of tho House of Representatives met in joint assem bly." 1 In the answer of .the defendant it is alleged: . "That in accordance with tho provi sions of the constitution of this State, Bcction 24, article 2, and section ll, arti cle 4, he was elected to the office of Judge of the Third Judicial Circuit on the 12tli day of February, A. D. 1875, by the joint vote of the General Aesembly of South Carolina, the members, thereof voting viva voce, and tlleii votes thus given be ing entered upon the journal of the house to which they. respectively, belonged;, and that by virtue of said -election he now holds and. lawfully is in the czerciso of the Baid office, and has nut intruded i uto tho samo." Section ll, article 4, provides how va cancies shall be filled, and on this point there is no dispute.' Section 24, article 2, cited in tho au 8wer, is as follows: "In all elections by the General Assembly, or either House thereof the members shall vote vivavoat, and. their votes thoa giv?n shall be eh tored upon the journal of the House to. which they respectively belong." And upon ibis the defendant restb hh title to the office. ' The facts a?e admit ted, and tho question becomes ono of law solely, and briefly slated is thus : It is claimed by the State-1. That where the manner or mode o'' voting at an election is^prescribed by the constitu tion, it must be observed, and' that an election by any Other mode of voting than tho ono prescribed is null and void ; 2, thal the constitution in section 18, ar ticle 4, does prescribe the manner of vot ing at the election cf Circuit Judges; {vide above ;) 8, that the said mode or manner of voting as prescribed by the constitution was not observed at the elec tion by which defendant claims the office; 4, a:'? that, therefore, the elec tion is a nullity, and the defendant has no right to the office. On tho other hand, it is contended that the second proposition ubove set forth is, in law, not true; but that the mode ot' voting at the election of Circuit Judges is prescribed and fixed by section 24j ar ticle 2, as well as by section 18, article-4, of the constitution, and that tho former section prevails'-as to'the manner of vot ing, apd that, tho latter section ?nnltna only to tho manner in which the two houses shall assemble for the purpose of voting ; 2, that the election ot defendant was Ead in conformity to the require ments of both sections of the constitution, and-that, therefore,. tho election is good in law, and the defendant lawfully holds his offic?.< The general proposition, that where the manner of yoting is fixed by the con stitution it must be observed and obeyed, is not controverted. It is reduced, tuen, to the,.naked.inquiry, Ja the manuerot voting ?t election of Circuit .T?dges fixed by the constitution ? and if so, what is that prescribed manner, and has it beenN complied with in this case? ?j;h sides agree that the mode of assembly of tho two houses for the purpose of voting is prescribed by section 13, article 4, and that the modo is joint assembly. But, in behalf of tho State,- it is a rf ned that after the two houses have met, the voto must be "by ballot;" whereas, the dofendant claims that the'vote must be "viva voce," in obedience to section 24, article 2, of the constitution. Which is the law r The case was argued on both sides with ability, and did the time pennis * would avail myself much more than un der the? circumstances is possible of many of the suggestions and cited authorities, by which ? would bo aided in elaborating au opinion upon so grave a subject. But it is obvious that if tue court has arrived nt an unchangeable conclusion, it is its duty to render a decision promptly. While it is important; that tho reasons should be clearly ?ct forth, it is some t!n:es more important that the conclusion bo announced and uncertainty be re moved. Let us now put together the two sec tions in which the law of this caso lies. Section 24, article 2, legislative depart ment, "In all elections by the General Assembly', j or either house thereof, the memoirs BUHU vote viva voce, anti iu?st? .votes tan* given shall be entered utoon the journal of the house to which thoj respectively belong." Section 18, article 4, judicial depart ment, "And for each circuit a judgo Bindi be elected by joint ballot of the Genera! Assembly." Were the last section considered alone there could bo no doubt about ita mean' ing. "Elected t y the two houses of -th? General Assembly met in joint, oascmbh _-j;*--- \?~ h???it." The "/ord "joint, of necessity, qualifies the "General Aa scmbly," for were it inado to qualify thi word "ballot," it would lead to tho ab hurdity of saying "vote by a joint ball o ticket." which is impossible. Wo in forced to ?dopt the plain meaning estab lished by the common usa of the words by parliamentary usage and by legisla tivo enactments, all concurring. Indeed the phrases quoted by counsel, "by join ballot." "hv ballot ioin'.W." "jointly b: ballot/' mul "joint bY,iOt," in oonnoctioi with elections by the two houses of tb General Assembly, have interchangeabl; been so used, and v'.lh. undisputed an undoubted signification, from tho time c the adoption of tho constitution of 178 to tho time of tho adoption of the const! tution of 1865. But it is said that while "ballot" an "vote" are not eynonyaioafl, ye* that b u=ago ii uaa uce?me common to ow the word "ballot" in the serat of "rote," or the "act of Toting," without any refer euee to the manSbr of voting; or ju other word?, that "to ballot" may mean "tovote viva voce" eft "to vote by ballot " that the true meaning ia to be derive?! not so much from the word itself as from th? context and the object in view. If this be so, could not section 1, article 8, on the right of suffrage, which read?, "In all elections by the people the electors shall vote by ballot/' be construed .to mean "vote viva voter" It is argued, however, that the mean ing of section 13, article 4, ia limited by section 24 of article 2, which it is claimed is an universal rule, and controls all elec tions by the General Assembly, and an nuls any subsequent N provisions which may not bo in accord with it. The proposition, then, is that the word "bal lot" 1n section 18, article 4, is either a nullity, because in conflict with the rule set up aa universal, or inui t he made to harmonize therewith by construing the word, if it bo possible, to mean "vote." L see no difficulty in tue co-existence and operation of the two provisions, even al though the first be an universal-rule and the second an exception thereto. The first occurs in the article ou the legislative department, and define? and limits the power of the General Assem bly* with regard to electiona in that body. In article 8, the executive department, it wiil be found in section 4, that when the election of Governor devolves upon the Legislature by reason of "two or more" ot'the candidates being "equal and bighest in votes," it is provided that "the General Assembly shall, during the same session, in the House of Representatives, choose oue of them Governor viva roce. In article 4, judicial department, sec tion 2 provides that the Justices of the Supreme Court "shall be elected by a ioiut vote of-the General Assembly," and section 13, Circuit Judges "by joint bal lot ol the General Assembly. While it might be argued, and perhaps with -force, that section 24, article 2, re lates only to elections of officers ot the General Assembly, and to electiona created by legislation, there can be but little doubt as to its having relation specially to that class of elections, for in inly three cases does the constitution arder elections by the General Assembly, md in two of theso it specifies the man ier of voting, and leaves only tho third -the election of Justices of tho Supreme ?ourt-subject probably to the provis ous of section 24, article 2. And if we >vere'undcrtaking to go behind the words if the-eonstitotion to interpret its in can og, it might be very forcibly shown why i difference.is made in tho mode of vot ng for Governor and for Circuit Judges jy tho Geqeral Assembly-the former laving b?en previously voted for directly jy the poupic, aou ?b.5 electros of tbs titter having originated, in the General Assembly. This, however, ?B irrelevant, and it' is innecessary to do more ' than lay down .he proposition that any general or uni versal rule is aubject to exceptions, when ho exceptions emanate at the same time rom an equal or the same power, and hat is the present case,- Thc 24th sec ion, article 2, is of force in BO far as it is lot varied by ' subsequent provisions in he same instrument. It appears to me- to be clear that the invention so understood it, and adopted hat section to define the power of the egislative branch of the government, and hen provided by succeeding sections for he specific modes of conducting certain dections, which confer offices of great mportance. The question is thus narrowed down to he last proposition*, which is the strength >f the case. Can the words "by joint jallot" be construed to mean "by joint rote" that thereby tho two apparently inflicting sections may bc made to con* brm, and the election be conducted by roting viva voce ? This depends solely ipon the meaning of the word "ballot, [jt "a ballot" or "to ballot" can be con sidered to mean "a vote'*or "to vote," bat meaning should be adopted, for it would give tue fullest force and effect to .loth sections of the -.MS ti tut ion.. I will say here that while tho argument was able and ingenious, it did not im press my mind, and subsequent reflection lias strengthened the cr uviction that the word "ballot" has a fized, distinct and dearly defined meaning, so absolute and so well understood as not to admit of a ioub't. The learned counsel for the defendant base their construction of tho word "bal lot" upon two grounds. 1. That the theory of the State consti tution is "that in all electious by the Legislature, the action of each member should bo open to the scrutiny of his con stituents, so as to.preserve tho ncco; JL? bility of the legislator to the people. 2. That the word "ballot" must be taken-io ita "popular" sense, and in that sense its meaning is the "act of voting," without any designation of the manner of voting. However plausible may be tho .policy uf the principle set forth in the fi wt ground-and strong, had it been argued Tn the' Convention-it is of ac avail sow, When we go to say what is the law of th Land, wo must take the law as it ia ?TA not as it may have been. The rules ol interpretation are well stated as follows : "The way to ascertain * * * our obliga tions as they arise from instituted laws is to collect the meaning and intention oi tho law lake? from some outward signs or marks-the collecting such intent.or from such signs or marks is called inter predation." "Words are the common aigus Iba1 njankiuu ?i?k? ??? Oi to ucmiru ineir IQ tention to ono another ; and ?hen thi words of a man express his meaninf plainly, distinctly anti perfectly, we hav? no occasion to have recourse to any othc meana of interpretation."-Rutherford? Rule*, Potter'e JJwarie, 185. And it is only where the words fail t< and perfectly, that wo can.have recours to conjecture/whether rational or proba ble. Tho first ground, therefore, is re moved, unless thc second is maintain able. To care any. obscurity over the word "by joint ballot" it must be shown tha the word "ballot" has two meaning when used in such connection, and ma have been employed in either sense b the convention. Aud this becomes nueat'an of evidence and anthon lie The "popular" meaning of a word mu; bc understood to bo its'correct meanin until the contrary is shown. Yet strongt is the presumption that in a convcntio which frames tho constitution of a Stat words aro io* their true signification, an they must bo so accepted" until the ern ia clearly proven. . ( What, then, is'thu. true and corro meaning of this word ballot? It is < .French origin, and has been adopted in! the English language, without ac change in ita meaning, so far as the ai thorities give us light. In the utanda* French dictionaries, it is defined i mean "the act of voting by balls cr r/:c! eta by putting the same into a bou < nra ;" ..secret voting by means of ball j ticket." The examples in ItichardsoE English Dictionary clearly define j meaning !/. be tho same as the Prent word, and I will quote one or two to show a little both of the meaning and history of the word in England : 4*The greatest of the Parliament men h u this design of rotation abd ballot as being against their power." "No 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 then thought, though opposed by many for several reasons." In Worcester's Dictionary, it is de fined "a secret method of voting at elec tions. America-where the bcllot is practiced." And so Walker, andr so does Webster, and certainly had the word bad any popular signification oth?r thrn the above, it would have bsea given to UJ by Webster. Ic an elaborate article 0.1 the .word in the Encyclopedia Britiamr.cn, the con cluding sentence is as fohows ; "It is one of those matters of which it is necessary in a 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-1 gurr ?rnta adopted by either side." So also an able essay on the same subject in tho Encyclopedia Americana,, presents the word "ballot" as expressing the side of secret voting aa against viva voce or public voting. In neither of these arti cles is the slightest deviation from the definition above cited, nor is tl.?re an in timation that any othor meaning has ever been attached to the word. Ballot represents the one policy and viva voce the other. It is to-day the question between par ties in England, it is the main distinc tion between elections in England and tho United States. It has been charac teristic of France in her republican gov ernment, and is to-day an open question in every constitutional and legislative bod> that assembles in the United States. Tho expression "black-balling" still used in secret votes in clubs and private asso ciations 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 tabalea oe (abdica by which the secret votes wyre taken in Rome. Thus history and literature and the unswerving practice in the constitu tional and legislative assemblies from 1788 to the present day Bhow one inva riable meaning and application of the Word.' And aa it was used iu the consti tution of 1868, so it had been used from the beginning of tho existence of the State in reference to judicial elections. In 1865 the question waa agitated, 1 nd as is cited in tho argument for the de fense, a cbaugo was urged by tho provis ional Governor of the State, and finally waa carried in the convention assembled that year. The Legislature was com manded to vote viva 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 subi ec tien of legislators to the scrutiny of theil constituents. Again in 1868 the consti tution was changed, and the old method rear-jred. Is it possible that it can b't argued that the meaning of the word, sc recently and with' BO much ardor din cussed, was not understood ? In sectioi 1, artic!? 8, it is said that "in all'dec tions by the people the electors sha' vote by ballot." Could the meaning 0 the word be more sharply defined thian i is in tbat'section ? The supposition can not be sanctioned tb at tho framers of tin constitution could have so trifled with 1 word of such magnitude as to have uses it in senses exactly contrary to ead other in two such important sections 0 that instrument The authority adduce? to Bhew that "by joint ballot" can meal "by joint vote," or that "ballot" mean "vote," without regrri tc the manner 0 voting, ia this : That in the tournais 0 the convention anJ of the General At Bembly, and in the rip?rts of electiona b the publia prc:-.!, thc word ballot is "af plied as a generic term,.denoting the 'ac of voting* as often as it is used aa a Bp? cifio term confined to ono particule mode of veting." There is no authority to shew that has ever been so used in any parliamen ary body in debate upon the question < : in legislation upon, the ' subject" . Tb proposition, then, iain nowise' suatninei nor can I think it sustainable. The tu of the word, relied upon by counsel, is mere abbreviation for the convenience < journalists and the press, and can in ni wies bs sanctioned to establish thc meal ing of wordsl The evidence in the body of the ii strument uhews that tho convention III den) to ed tho words it used, and upc opening tho journal nothing is adduct to strengthen the defense. O o the co trary, almost the init&tory debate in th body was upon "ballot", aa opposed voting by vim voce Tho fact that the 18th section, artic 4. was passed at the second reading the words "by joint vote," (Journal, .617,) and that it was subsequent changed and ratified in the words "! joint ballot," (Jc -"mri, p. 856,) comp? ?us to conclude that the change was ma ! for a.purpose, and that purpose can but the one indicated by the distinct! between the words. I Finally, the- ratification and ?dopt! of the constitution was submitted to t people of the State. The instrume was adopted as it is written, and that what it means, and so U must stand.. It is with unfeigned reluctance thal majority of the court bas arrived ti t conclusion reached in this case ; 1 whatever may bo the inconvenience tho individual hardships involved in 1 decision, it is our solemn duty to d eel the ?aw as it is written. It is, therefore, ordered and ad judi that the plaintiff have judgment of ou? against the defendant, as prayed foi the complaint -- The State of South Carolina vs. ?. Shaw. Separate Opinion of Mci' ?a. *>. While concurring fully in the opin tiled ns that of the majority of tho co it bas been thought due to the dignit; the office in question, and the importa and gravity of the questions in voil that each of us should formally exp our opinions. I, t>;-efore, propose stats briefly, some the reasons wi have brought my mind to suoh con sion, although I cannot hope to add t thing'to th* argument presented in ?:>?t,inn jjf th* mo inri Iv nf th ft COUrt rTbe sole question involved in this is, whether an election of a Circuit Jt by the General Assembly voting viva ls a valid election. To determine question lt is necessary to considei Srevisions of the constitution of tate, relating to this subject, for purpose of ascertaining whether tba , strument requires suoh election u " made in any particular mode, and i (j what .that mode is. For no one deny that, If, by tho terms of the co . tullun, tho election is required i< i made in any particular mode, that t ? is essential to the validity of such . lion, and a person who has been eh : jo any other mode hus no legal til r the omeo. , It caunot escape the attention 0 i most casda} reader of the coustiu i that, there arc twordistinct mod< veting. . - only provided for, but pre scribed by that instrument io express terms, the one by ballot and the other by the vira txce system. It Ss likewise equally certain that these modes of voting differ in one, at least, most essential par ticular, the ono-implying secrecy, tho' other involving publicity, and, as matter bf history, we know that the respective merits of these two essentially different modes of voting have been, and ups yet, the subject of discussion in every country where the right of suffrage exists. ?? Does the constitution then * prescribe that1 either of thw modes of voting shall bo adopted in the election of a Circuit Judge? and if so, which of them is so prescribed? To answer this question we' naturally turn to the fourth article of the constitution, styled the "Judicial Departo ment," And i a section 13 of that article we find it ordained in explicit terms, that "for each circuit a judge shall be elected by joint ballot of the General Assembly." bow, if'this section stood alone. I pre? sumo it could not be doubted that the' only constitu ional modo of electing a Circuit Judge would be by ballot, lout it is said-tbal in section 24, of article 2, it is ordained that "in all elections by tho General Assembly, or either house there of, the members shall vote viva voce, and their votes thus given shall be entered upon the journals of the house to which they respectively bolong," and tiiat it is necessary to put a construction upon the word ballot as used in section IS, of arti cle 4, different from its primary and well recognized signification, in order that the two sections may be brought into harmo ny upon the well recognized principle, that in construing an instrument like a constitution, we. must look at it os a whole, and so construe its several parts as will prevent conflict and. bring'about harmony ; and that for this purpose, if it should become necestary, words aud phrases may be read in a sonso different from their usual and primary r.igniOe??Jos. It is, therefore, contended that the word ballot, os there used, signifies simply the act of voting, and is not designed to pre scribe the mode of voting, and hence that the two sections, thus read together, pre scribe that the Circuit Judges shall bo elected by tho General Assembly, the two branches voting in joint assembly, bat that tho mode in which the voting is to bo done must be by the viva voce system, and not by ballot. It is- very obvious that tho word ballot is not used in this secondary Seuso my whore else in tho constitution, for the only' other place in which we havo beon able to fina it is in the first section of tho eighth article "In all elections by the people, the elec tors shall vote by ballot -and there it is undoubtedly used in its proper and legit imate sense, as no one will, for a moment, contend that, in any election by the peo ple, the electors would be at liberty to adopt the risa voce aysicm. . Now, while it may be admitted that, in a proper case, it is allowable, in construing a constitu tion, to attribute secondary significations to words and phrases, differing materially from their usual and proper meaning, in order to prevent a conflict betwe*.a the different parts of such an instrument, yet this should not be dono when such con flict can be avoided in.a more natural and proper way, especially, v/heh, as we have seen, the rule contended for involve? the necessity of giving -a word of well defined meaning not only different sig nifications, in different parta of the same instrument, but a signification practically 'the very opposite of its original ind usual meaning. Let us inquire, then, whethei this apparent conflict botweon these twe sections of the .constitution - cannot bc reconciled in a more natural and propel way than by distorting the meaning of i well defined term, and attributing to th< framers of the constitution Mich grosi carelessness and inattention to their du ties as using the word ballot in one sec tion in its proper and legitimate sense and in another section in an opposite Bense; for ce.tainly voting by ballot ant by the rim voce system are, for all praeti 'cal purnosea, ' precisely tho opposites o each other. There is no doubt of thi correctness of the rulo that where genera terms, no matter how comprehensivi they may be, used in a will, a statute o a constitution, are apparently in coaflic with subsequent special provisions, sue! conflict may bo avoided by regarding th latter as exceptions to the former, am that for this purpose courts will read th two clauses os if words of exception wer inserted. Applying this principle, thee to the two clauses under consideration there is no real conflict, and they may b read together as providing that in* al elections by the General Assembly th mermV.o shall vote viva vocet ?cc; excec in tho election of a Circuit Judge, . ...!.;"!. ,._~ ?Vi*- ~V.rU '-?- V._ V.-1I. .....v... w?C .nc. au&.l <u?u uj u.uiu The fact that tin? is not the only instanc in the constitution in which this mode < reconciling an apparent conflict betwee different sections becomes necessary, it dicates the propriety of adopting it ratl er than the one coatinded tor by defer dent's counsel. ?n at least one other ii stance tucke is au apparent conflict bi t-.rc ?n other sections of the constitutioi which can only be reconciled upon tl priar?pl? -vhich we havo adopted in th '.*r?ru>. Tn section 10 of article 14 it is o dained that the election for all State of] eera shall bc held at the s&rae time ?? provided for that of members of the Goi eral Assembly. It is very manifest thu I in order to avoid a conflict with otb sections of tho constitution/ this sectic most be read in'connection with sui other sections, by incorporating-words exception, e. g. except such : as are x quired to be elecved by the General A sembly. It does Seem, therefore^ that tl correct view to - take of the two sectio of ibo constitution which give rise to ti controversy in this caso -(section 24 i article 2,-and section 13 of article 4) is regard tho former as Simply declaring general rule for the guidance ot the Ge eral Assembly, to which tho latter fin ishes an exception, and that while, ai rule, the viva voce system was to be t iniuln nf vnlincr in ?Iwfinna by tlio Cit eral Ass ?mblyj yet, >that, ia case of t election of a Circuit Judge, an except! &SS established, requiring that sach eli tion should be by bailo. This vie* sustained by reference to tho' Journal the convention which framed the oom tu tion, to which we arcat liberty-to re in-casca of doubt, in order to asteria if practicable,'!what intention was in 1 minds of those who nsed the words question. This journal shows; ?, tl I the distinction between the differ I - . J-_ - *__._.? -- - .1 1... Uiuuca ui ivuiig-rmi VG" Zlitl Uy ?Xi. -wa* fully understood and appr?cia in that body; 2, that the 13th section article 4, ? originally adopted, contaii the words "joint vote" instead of "jc ballot;" 3, that it wan finally adopted its present form. Why*, then, .iras change made from "joint vote" to "jc ballot," if these words are now to be c s trued as meaning tito same thing? rJ conclusion is irresistible that the fran cf the constitution, appreciating, as have seen they did, thc distinctive feat of the-system nf voting by ballot, making the.chaogo from "joint vote1 "joint -Ballot," intended to make a t jitantinl and not a mere verbal alt?r?t For, in substituting for (he word "vo which was equally applicable to ci -torfe of voting, tho word "ballot," api .late only to one of such modes, t unmistakably indicate their purpose th?* I iv ch mode only should be adopted, so far as that particular ?lection was concerned. ' It is said, however, that tho words "joint ballot" must v>? construed as mean ing merely tho act ot voting rather than the tnooV of voting, in order to .avoid an absurdity, inasmuch as there can be no such thing as a Joint ballot ra the primary sense of the term ballot-a small ball or ticket-and, therefore, as here used it must bo given its secondary, meaning. Without stopping to confider whether the word ballot bas ever acquired such secondary meaning except in the looso and careless language of the public press, or in the journals of deliberative assem blies, where abbreviated forms of expres sion are quite common, no-instance of such meaning having been found in any work of authority, emanating either from lexicographers or legal writers, or to show that tho phrase '"joint voto" as found in section 2 of article 4 is open to the same criticism, as it is quite as absurd to speak Of joint vote as of joiAt ballot, it being just as impossible for two persons to give a joint viva voce vote as it is for them to put io the ballot box a joint ballot, as they can no more vote with a joint voice than they can with a Joint ball ot ticket, it is quite obvious that the phrase "joint ballot" means jointly by ballot just as tho phrase "joint vole" m.uns jointly by vi po voce vote. In other words, that the word joint was inserted in each instance merely for the purpose of showing that the two branches of the body which was to elect should act together and not sep arately as they do in performing their usual and ordinary duties. Accordingly we find, by reference to the constitutional and legislative history of this State,-as cited in the argument, that the phrases "jointly by ballot." "by ballot jointly" and by ";oiut ballot" li av o been indis criminately used as interchangeable terms, signifying always tho same thing a? that above attributed to tbs words ."by joint ballot" in the clause of the present constitution now under consideration, ( I am, therefore/most reluctantly forced to tho conclusion that the defendant in this case, uot having been elected in the mode prescribed by the constitution, bas no valid title to the office in question, aud that upon the domaud of the State, through its Attorney General, judgment of ouster must go ?jgainst the defendant. Tho 8tate of South Carolina vs. A. J. Shaw-Opinion by Willard, C. J. The constitution (article 2. section 24) provides that in all elections by the Gen eral Assembly, or either house thereof the members shall vote "viva voce," ano their voten, thus given, shall be entered upon the journals of the house to which they respectively belong. Again it pro vides, (article 4,. section 18,) ''the Statt shall be divided into convenient, circuit : and for each circuit a judge shall be elec ted by joint ballot of tho General Assem bly." ' lt is contended by tho State thai th< provision as to electing by joint ballot ii equivalent to.a declaration that the Cir cuit Judges, ahall be elected by ballot and thti3 creates an exception to the gen erality of the words declaring that al elections by the General AssembW abai .be by "viva voce-' voting. Therospon dent, on the other hand, contends tha the sole object of tho declaration as t< electing by ioint ballot was to d?sign?t tho- body that should elect the Circui Judges, namely,- the united .bodies coo sti tuting the General Assembly, join ct together for that purpose in one body. The rule of construction applicable b the case recognises the fact that word expressing the universal application of i Statutory requirement to all cases of thi class to which it relates,-may. be resfrie ted, not only by tho use of techuica words, importing exception or limitation and by moro rrencral expressions bavin, nu equivalent effect and directly diedos ing an intention to create exceptions c limitations, but alco by implication, ic ferring su?h intent as a necessary moan bf reconciling provisions otherwise ic consistent. It is only, as a necessary implicatic that auch a conclusion can be drawn it fe rc? tinily. It is only the impulsive fore of ncecsoi'.y that can justify an er.croact rr.cnt upt?r. tho direct terms of a rule < universal application, j It Hows that when the law-makin authority has established a rule in tera extending to all cases of the class sn braced iu it, and - has not subjected it I express limitation or exception, an o? cc-pU?? Or limitation canputy be impiie where the provisions from which th implication is sought admit of no .-easoi bio interpretation consistent with tl direct sonso of tho term of the goner rule. It would also follow that where tl sense and intention of the words claimi i to operate as a limitation are of doubtf import, admitting of different coaslru tiona some consistent with the goner rule and others inconsistent with it, ? exception or limitation cannot ' be ii plied. ' I am satisfied, that at the least the i tention of the constitution involved the present case is doubtful. Thi- mig be inferred from the fact thai the Leg laturc for eight years immediately ci (seeding ibu udopliou of tho constitu?! adopted the sense' claimed for it by t respondent, and that tho entiro cfrci udiciary was organized during that til upon that understanding of the constil tion. It is not an unreasonable construct! that the framers of the constitution ra have, intended by the language of secti 13, article 4, to mere'y designate tho bo hv which tho Circuit Judges (should elected, leaving the mode of. election be determined by that article aud secti that dealt directly with that subie Whether such was tbeir actual Intcnti it is not important, under the view I Xx of the case, toinquire, it being auffiel for tho, purposes of the present'ease ascertain that such is not in itself ??tCha??iliLfiti tXlUnliiidiui?. If this bo tho case we are bound adopt that construction which is iu b rtony with the antecedent provision j scribing the modo of voting in all'cr of election by tue General Assembly, order to warrant an encroachment U] tho terms of the general rule we m find a construction inconsistant with t general rulo,. for it is only by the fae such inconsistency that we can com the ttf?? ?? the gene/al rule tr? give i before external iore'e. We are nnl liberty to raise np a force to antagonl , great fundamental provision of toe < etitutioh on speculative grounds or 1 ba* refinements', especially where \ -coital provision is intended to i-t\ a principle inherent in the na1 of ?he exorcise of representative pot io government. ' lt is easy to see that the provisio to viva voce voting by the repr?sent?t nf th? n?nnl? or OM h a my I ttpAtj tl>? gen idea that'the v?tiog of repr?sentai should be open and responsible, as ! set, not in their own interest, but in interest of the public. Thi* princip put in opposition .to that of secret vu! ; which is clearly appropriate when voter acta from bia' individual cb arising solely from his sense'of pera ' duty or interest. It hes been said that this to a spot tive opinion merely, about which there hare been differences of opinion, but it is clear that the constitution of 1868 took this question out of the forum of sp?cu lative opinion and placed it among the cardinal principles on which the govern ment should be administered, and we are bound to consider it in that light. ? regret that I am compelled to differ from thc majority of tho court, but it seems to be the inevitable consequence of my understanding of the rules and Bpirit of constitutional construction. Volunteer Forces and National Guard. The report of Adjutant and Inspector Qjnera! Moioo recently presented to tbe General Assembly, while it presents a most melancholy picture of the wretched state of inefficiency to which tbe State military organisation was reduced under the Republican Administrations, shows a wonderful amount of work douo by tho new Administration, and a moat en ~ur eglng reconstruction and reorganization of the entire system. Gen. Moise, judged by what has actually been donp, ?SL tue right man in the right place, and it is sincerely to bo hoped that his recommen dations will meet with such attention in the Legislature as will enable him ta complete the work so auspiciously be gun. The report shows that, when General Moise took possession of his office, all tho buildings belonging to the State and in ase for military purposes, wera in a most dilapidated and filthy condition, having been constantly diverted from their lep'timate use for service as dance halls and places of publie entertainment for the lower classes. Two hundred State arms were all that could bc found, and the records of tho otlico failed to show who had possession of the vast military property of the State. That the term vast is net incorrectly used is proved by a table, which shows that the cost of ab utterly worthless militia*to the State was $407,098.26. . ??31, Since the new State Government went into operation the military buildings have boen thoroughly cleansed and re paired, and turned over to the caro of tho proper officers. The State has been divided into three military districts, com manded by Major Generals B. H. Rut ledge, John D. Kennedy and Thns. J. 1 Lipscomb. The old Fourth Brigade has [ been thoroughly reorganized, and ie now ; in splendid condition, and the same may ! bo said of Ii uti edge's cavalry brigade, I now commanded by Brig. Gen. William ? Stokes, which comprises some forty com I panics, aggregating 2,000 men. There I nave been - partly organized; though not I yet completed, twelve other brigades, [ eight of which are commanded, respec tively by Gens. Bamberg of Barnwell, ; Izlar nf Orangeburg, Stackhouso of Ma ? rion, itichardson of Sumter, Fono of 1 Newberry, Nicholson of Edgefiold,Hemp i bill of Abbeville, and Humphreys of I Anderson. The remaining tour wore ; bong formed, two io the middle and two i in the upper counties. \ In order to obtain arms for the cavalry , a quantity of old and useless cartridges have been exchanged for 850 new Pea body carbines, ana 300 new sabrer, and' belts. There have beon- colloete'j, re paired and roissuod 2,000 stand of arms and equipping somo fifty companies of \ infantry. Many of tho companies own their arms. It te recommended that 1 these be purchased by the State at a low I price, i Efforts have.been made to obtain ? arms due to the State from tho United , States, but owing tb an over-issuo of arms to Governor Scott, Tor political pur j poses, the General Government has de clined to give the usual quota. As Gov ernor Scott had no right to draw those ! arms for tho Stato for such uses, and os they were mostly very inferior, the Ad jutant General thinks that, by proper action on the part of tho Legislature, nid con be had. from the General Govern ment sufficient (with an appropriation of $9,537.04, which the report asks for) to pay all deficiencies and sustain the militia in a proper degreo of efficiency for the year. Of the National Guard (the colored militia,) the Adjutant General says that ho found it to be an organization exist ing only on paper. .Out of fou: divis ions he could find only enough troops to make one good brigade. Ho recom mends a thorough reorganization of the colored troops, and tho revocation of all commissions over a year old. He thinks that, with careful and judicious manage tsont, a respectable colored militia,..or National Guard, can be Ttablished, and that such a body -rill be an element of strength to thc government and of value to the colored population. ' The appendix tb the report contains a complete roster of the officers of the mi litia and much other valuable informa tion. The whole report should be in the hands of every citizen, who takes an in: terest in the military system of tho State. Gen. Moise hos done his work both cour tcoualy and welL-Nhw c~:d Courier. THE BLUE RIDGE RAILROAD.-South Karelins bas seen woree days than the press?t, by far, and. she will no doubt see better ones. Arising from her Iou* prostration, Bhe already begins to feel the quickening of ber former vigor. One of her cheri*b?d enterprises in tho dayB of her prosperity, and one that she' would have "ompleted lor>? ago but for the calamine that fell upon ber, was tho Eiue Ridge Railroafi. It is not sur prising to find that among the' first things to attract attention, dow that she has entered Upon a new life, is that long neglected schemes upon which she for merly expended so much ireasnre. Wo copy this morning an article from the AN DERSON INTELLIGENCER that breathes a spirit of courage and hopefulneasji (The Charleston Newt and Courier, reprodu cing the same article, observes: "Tho ANDERSON INTELLIGENCER in a clever article whioh we publish in nn n?h?r rrdnmtf thia morning, hos an ?ut? eel lent suggestion in regard to the dee to be raadb of the convicts who yearly de vour the substance of the State. The INTELLIGENCER thinks that they might be profitably employed in resuscitating the Blue Ridge Railroad, which, it truth ful'/ *aTC* uaR 6081 MT State t o much uicney to be entirely abandoned. This ia one subject at ?east on which the up country and Charleston cab Work In happy accord, and it is to bo hoped that it'will receive the serions, nod favorable! consideration of the Legislature." The Blue Ridge Railroad waa tho road of Calhoun ana Hay ne, and of Frost and Gourdin, and South Carolina has never lost faith in ita ultimate construc tion.-Knoxville Tribune. -- Senator Jones, the loader of thc silver man in Congress, says that bb hopes of a satisfactory silver bill art ?trnncr?f than ?vor,- ??d tb?t the delay ?S i the Se?alo will strengthen the movemeni r rather than weaken it. He says tbt ) hard times are bnt jnst begun, and thai j the people will soon demand silver it , every State of the Union. - Governor Wado Hampton, of Sou tl I Carolina has been selected to deliver th? annual address at the next cooininee - ment of the University of Mississippi The Anderson JReeolnUoas. From (he Charleston News aid Ouurlcr. Anderson County, did gallant, sor vico in tho Is-t State election, and tho repre sentatives of the County in the Senate and House of Representative* fill high petitions with cr?ait and success. .Sena t jr Cochran is Chairman of the famous Committee on Public Fraitds. Mr. Simp son is Chnirrnan of the Committee of Ways and Means.. Mr. Orr is Chairman of: tho Com'.wit too on Privileges and Elections. Anderson County, therefore, bas come quickly to the front in Slate affairs, and the wishes of the Anderson Democracy will always carry.welght, and their opinions will haye careful conslde j ration; Otherwise, it would be unneces sary to Uko more than passing notice of the resolutions adopted last week by the Executive Committco of tho County. These resolutions are as follows: j "Resolved. That this Executive Corn I mittee hereby expresses its opinion that the Senators and Representatives th the General Assembly should closely scru tinise the State debt, with a view to se lecting the valid and honest portion of it from that which was created in fraud, and which was squandered by officials kuowu to be corrupt. "Resolved, That we favor the repudia tion of all of tho debt which was created in fraud, and of all the bonds which wore sacrificed at nominal prices; and further, that we favor the repudiation of all bonds, the proceeds of which were squandered by Republican officials, inas much as their character as public plun derers was notorious, and those dealing with them did so at their own risk. "Resolved, That we favor the payment of the valid portion of the debt, for which the State received a valid conside ration, according to tho rate of composi tion agreed upon between the creditors of the State under the Consolidation Act." The debt has been closely scrutinized by the Bond Commission, and the report of thc Commission will be closely scru tinized by the G-moral Assembly.' It Is reasonable to expect that the manner in which the debt of the State was created, under Scott and Moses, and the way in which the proceed? of tho bonds were squandered, will be more clearly and satisfactorily explained than in any of the preceding reports on tho same sub ject, i Nor will this exposition be without practical value, for It will indicate what officers were engaged in unlawful acts, and are liable to punishment for their misconduct. It ia a different matter when it is proposed io repudiate all bonds "tho proceeds of which were squandered by Republican officials," inasmuch as*the disposition made of the proceeds did not. and could not, affect the character of tue bonds, ssThia io too evident to need explanation. The debt created in fraud and which remained fraudulent bas been 'repudia ted, via: the Conversion bonds, to the amount of $5.?Mi5,000. There .we/s irrogi ularities of different kinds and degrees In the issue and hypothecation of otbei bonds; but tbcao irregularities were re moved by the Validating Act of 1872, Buchan Act could not .remedy any. de fect, in any bond, arising from a failure, on the part of the Legislature or thc State officers, to comply with the require ments cf the Constitution ; but it coule and did, as decided by the Sepremi Court, in the cwse of Morton.. Bliss & Co., waive.; on the part pf tho State, an] objections,that the State else might havi raised on the score of a. failure to com' ply " with -the terms of the Acta undo; which the bonds were issued. Whatavt?i was within the,power of tho Legislatur? when the original Acts were passed wai within its power when the Valldatlfcj Act was passed. And, excepting alway) the Conversion bunds, the honda sm stocks validated by the Act of 1872 an the bonds fundabta under the Consolida tion Act. It is trne that the holders nf unfunded bonds may not be able to ?tue the Stat? although the Acts under which the bond were issued contain a provision for th - levy of a tax for the payment of tates est. The holders of Consolidation bond occupy a different position. They ca < take proceedings to compel a complianc with the terms of tho contract betwee the State and the holders of such bond which contract includes both the l?7y < an annual tax of 2 mills tor interest an th? :eceivabllity of the cou pons for taxe Tbs State could sat plead that there wes irregularities or illegalities in the issue, < disposition, of the* bonds for-which tl Consolidation bonds bad been issue inasmuch as by .tho Validating Ant tl State waived that right, as against euc bonds, freed them from taint, and mai them, ?? the' wo'rds'of the Act, "legal ar valid bonds of'the State of South Car lina, for the payment of whihh tho Tait credit and fund:*, of tho ,State have bee and are hereby, pledge*?.". Tilts Act overlooked by tfyo Anderson Committt The Committee declare themselves favor bf the p1 ay mc nt of the valid port! cf the debt,-'for which the State receiv a valid consideration,".according ta t rom pr. ut ion mule v tho Cons.??i??l; orv ? Wo cannot' conceive this'to mean tl the Anderson Democracy wish" tc'wj .diate any bond lawfully issued, une tho Consolidation Act, in exchange bonds f?ndanla by that Act. This wot involve a repudiation of tho action tho Democratic members of the Gene Assembly who voted for the Consoll lion Act. It would involve r?ipud lion of the State Executive Commit of the Democratic party, wb-j deda tho adjustment under tho Oo-asolid?t -Act "final." aud pledged the Deehocri party of the whole State "to abide by i ind it would involve a repudiation the action of the Houso of Itcprener tives, including the members from i dorson, in rVterating on -December 1876, their "pledge" to pay the intel on the bonded indebtedness of tho Si n__ ^_:J_-t I_i_i) n\\._ A -J son Democracy will not set the exam of repudiating the pledges of tho Dei eratic party, io the most formal man made and declared, at a time when ! of supremo consequence to maintain solidarity of the party and discoui dissension; What Demdcrat can, v decency, bo held up to public scorn declining , to be bound by the rata no-orations of the party, when (u0 P itself gives him encouragement, and him thc exar.?p?e of r?pudiattnarplei more emphatic and more precise t a..y that tho individual Democrat ls peeled or invited to make I . Unless 1 party ia bound, the members oF the ' ty are not bound. ."The Democratic p cannot blow hui and oom wno tb? s breath. > These considerationa ought to 1 i weight, for nona know* better than > Anderson Democracy how restive ar'' _. ^ ^ ?- O .... V. _t !.. - _1 " ? . - a pCuj.io vi uuuiu v?viiUB| aiiu now ' t cult it is, under the most favorable > cumstances, ta make them submit wit I a murmur to the decisions of the p t Let the party be true to it-valf and people will b? true to tho party 1 The resolutions of the Anderson < : mittee must, in view of what we 5 said, bo understood ea requiring th . knpwledgment of the bonds ant. i . itisued in conformity with the (Amsc lum kmihU?a\^K^arW;j^^ aecMaerjr ?Uns? ?te furuUh** to repay the partage JS* v>s tia not wpoiwibls for tbs -?-Vs?oS oplnioBacf oaroorrwpoaa^nts. . AJI ?>mmunlcfttk>ra?h3?Jd b?eMre*eedto"l'r4 I to/3 To trillas f?r,w Ma'.il ttl *clu. anita, laonof order?, ?c., ?boola ???^S|^?g^0toe^'<'e.r : - ?-.-<? A^erwn.?l'o. I Uon Act. Wo cannot, ?nd will not, be-^ i ltevQjth?t? they rncap^any, uo^th illness to,peon]? or to party.. THE W)T?NEa??0 CaiKF. The IMfaMtnt KocoUscliona of HU Heron* I Sojonra tn SOBUI Cerolfrta. The Wioosboro. Jfetra prints an inter esting toter to KP], Thomas W. Wood ward, which has been lately received by him from Hon. Henry P. Klmba?l/of Winnebago County, Illinois, ?rom which we mako the following extract : Major,, I give yon ?ny assurance that I , have become devotedly attached to the people bf Sou.n Carolina. They aro just the -most generous, whole souled, mag nanimous, hospitable and cultivated people that over honored our country,; There is not a trait in their character that is mean,'selfish or parsimonious. Their latch-string is- always out/ and chivalry and a paramount desire to make tho very beat use of natute's gifts and favors, inspires them to a nobility of friendship and liberality that is almost sublime.. My - acquaintance with your Ecople. and my observation Of the slum erina resources of your .coil, and tho capabilities of your rivers for manufoc turing industries, the salubrity of your climate for' uninterrupted labor during almost the pntiro year, have established thc conviction . in my mind tbat douth Carolina is an exceedingly charming and . favored locality,holding in the plenitude of its resources tho boundless possibili ties for the* comfort ?nd inspiration of man. . No portion of tho country pos sesses greater facilities sud advantages for landscape adornment. The commer cial intercourse of our nation with Ja Ean and other-countries of the Orient as been, and will continue, to be, the means of extending your lists of valua ble fruits and ornamental plants and. shrubbery. When I reflect upon the luxuriant growth of your roses-the beauty and perfection of your shade trees-tho bril liant tints and colors of your flo were, and the limitless range ana diversity of your horticultural' products, my conclu sion ls, that so section of thc South presents such inducement? for men de sirous of establishing beautiful homes and surroundings as the Palmetto State. There are also social elements nod1 asso ciations which give tone, dignity, ?nd fascination to your domostio relations. I refer to the brilliant attractions, un paralleled sweetness of temper,' and the 'calm;' herbie patience of your true ?nd devoted women. A beautiful woman, ? weaving, the tendrils of her, affections and ideality about the rugged outlines of our humanity, is symbolized I? the ivies which cling to your evergreen Oak*.' preserving their vitality, youth end comeliness- in thc fall conree of .their growth and development. Trusting, clinging, loyal womaaj brightening the home circle with tho sweetness and di vinity of ber influence, JnBluuating into our harsh,, mat+c?-?f-faci UM tu rea ino subtle elementa of her spirituality and idolatry, distilling upon our lives, as the flowers breathe ?rhg?nuco os "a free-will offering, the blessings of unwavering sympathy and allegiance, ia the. master piece of the Almighty-tho crowning mirado of Nature's incarnations. : My visitation at the South is framed in my experience as ? beautiful picture. It wast en .oasis in tho desert of lifii-a sunny,?pot.of memory, endeared with sweet and imperishable rcaiu^tions. I ?ni drawn t?'yb?r people frith strong ties f^respee? and fellowship.-'lMay a full Compensation : ba vouobsafed ? them for their trials, losses and'sacrifices. i A PERFECTED COTT?K HJUVVESTER. 4-Mr. O. E. Smith, bf Raleigh, N. C., has invented and patented a cotton picker which promises. to work a revolution in tho harvesting of cotton, and it ia said will dOjthe work of 100 laborers in the/ field. Th", machine is about tfa'size and, weight of ? twb?horse' wagon, ind ls upon three wheels, the centre ene mn* mug between two rows and tho other two : Outside of th?m. Tho two driving wheels (rom which is worked the machinery, are hi(jh enough io carry, everything abovo1' the cotton.. Th? front wheel is about half the, height, sud. works under : tho machine on a pivot joint,, to which aro . attached the horses, which walk between tho rows. The pioking machinery con sists of two hundred fingervshapea cards ?r. India-rubber. Tro.lting up any.'1 dowu through .the stajlr? aa tho machine advan ces, Tneso cards will hot take hold of anything but the lint cf the open cotton, ?nd takes thai whether it is upon the ground or tho top of .tho stalk. . Leaves, . twigs and hulls will .hot stick to them, but tho cotton touched, lb ever so small a dcgreS iaatantly adheres, and'will not let ?' 9 until bruj&ned off 6t tli? top. byi? - rusher, whence it ia taken on an. aprpo bf b^r.d". and dcnpaited in a receptacle to the rear in a lK-?c straight form, entirely . : free fromdirfi.' The whole machifi?'fa reduced to its.!owe?t simplicity,has justablo wurta, ia very durable aad.eai^*^ managed.,' ?he driver by leaning ,b^Y in hi? ?eat can stop tho picking in order ' to drive to tho place of dopbs?t and s& load. This'is done Without throwing tho wiiaoi. out sf *~*sr. Thc hsrv^sicr iz ssr 'timatcd to pict? out thc cotton-st a costi of one dollar per bafy and in every way is a~ complet? machine, a? has been . proved by practical use. Mr. Smith prc*1 poses introducing his machine as!thor; ougbly practicable for tho ensuing crop, ana to this end wilt sell it in each ce tho cotton States atmnj?facturePac?3?,&H?O," so as to establish its worth, ahbOagh?SOO i? the price. Or the patentee willsclHo who?e.or in part his .invention,' isking. a * small per cent, in cash with tho balanco to be>roado out of tho machine. <u-- , -..j .i i ?J-? ii .: '; 'i* T- The Now York J5ve*iAff 'says : "Peoplo who have toen ,W??.|WI?T for,evi dence to show that Governor. Hampton, of South Carolina, was nqt sincere in tho |*WJ}W ??uv, '.UM. CAWJ? jUOHCC TlUUlU bs done so far as the classes ?f c?lisc??' were coscernsd, or thai he would not be able to carry loto effect-hie own.wlshesy are in a fair way of becoming discour aged. South Carolina outrages on col ored men haYe'coasM r th.'tMcs; aro ?yilngly paid; tho.?ut? expa??a? aro largely reduced ; members of the old rings are afforded fair trials,, and when convicted, evidence against them' is so clear as to leave n?> . room for ?o' honest ?xmisA io tK**> ?sd rbzr. Rcpsl? Heans take ?ntortisi.cnongh to bring out a majority volo, as has recently been the case, they elect thoir candidates without any unlawful opposition." , ~ We aanounco with nnfoigned regret Ibo death of Samuel Bowleg founder andproprieto* of tho Spriugfiold Repub lican. So earnest, BO true, (?o indepen dent a journalist tho United States have s?idom twen; nor ni? any; rouniry or time known av journalist who wss mero faithful lo duty aa he conceived aod^felt i&, 'Wt who . was moro successful ia hi? orof?Mlon^r who, better ijUlt.wntt largarw M??,~. respect as an able- a fesrlew, aa upright mau. Tho death of Mr. Bowie* is a loss to tho wholo country, though in tho South, true friend of the South as n? waa, his worth was little known.-Aw* aw.C&?**?, .