Historical Newspapers of South Carolina

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VOLUME XI.-NUMBER 1824. CHARLESTON. MONDAY MORNING, OCTOBER 30, 187]. E?GHT DOLLARS A YEAR. THE FRUITS OF VICTORY. HO?' THE LAST EFFORT OF THE ? PILLSBURY RISG WAS FOILED. J - Tile .Mandamus Case - A Characteristic Trick-How it was Tramped ~ Who Went to Orangeburg - The Sudden C hange of Base-An Appeal to Judge Graham and Its Result-The Hearing In Columbia - A Clinching Return / The Mandamus Vacated - A Glorious Day's Work for Charleston. . In the city on Friday last the probable result of the mandamus was discussed in all its pha-es. The dusky satellites of the Mars of | ^ the Ring were strangely confident, while the white folks, calm and self-contained, awaited grimly for what should come next. Captain Hendricks, the chief of police, was looked up to by the curbstone idlers around the City Ha!, as the great Panjandrum, and his every glance was closely watched. Towards dusk, the knowing ene3 let fall a hint that "the Wigener crowd were gone up." "And how's dat ?'' asked a corpulent policeman. "We ha *e a card to play which they don't expect," was the reply. Af this mo? ment, a SEWS reporter nppea ed on the scene, and the oracle was sile t. Enough was heard, however, to make lt groper for THE NEWS, as the people's paper, to ferret out the meaning of these oracular utterances, and ere many hours the mystery was solved, lt seems that Messrs. Worthington and H?ge, :ounsel ,^^Sar the Ring, had written a letter to Mayor ? r??l3bury inlormlng him that he must jive up all hope of obtaining a d?clar?t on of | martial law, so long as the citizen* con? ducted themselves with their usual pru? dence. At the same time they advised the members of the Ring lo sign a peti? tion, which was enclosed, asking that the hearing of the return lo the mandamus b ; had in Columbia instead of in Orangeburg. J .y the afternoon of Friday the petition bore the lames Cf Mayor Pillsbury and four Aldermen, and it was probably signed by the rest of th? RlDg members of the board. A dispatch wa ? forth? with sent to Judge Graham, at Marion advis? ing him that all the parties interested i %sired and consented to the change, so that th< Ring succeeded in havfhg the place of hearing Changed as proposed, but of this change the counsel for Aldermen Voigt, Thorne and Hol? loway bad no notice whatever. Thc counsel for ttatse Aldermen posted to Orangeburg by the night train, as arranged, and the facts only leaded out when the telegraph offices were closed for the night. Then Hendricks and his companions swore "they hud got 'em. They said the cause would be heard at 10 o'clock. Saturday morning, in Columbia, and Messrs. H?ge and Worthington would be there, but the counsel for Messrs. Voigt, Holloway and Thorne woull be at Oran; ?burg, and could not get to Columbia in time. The j pict was an ingenious one, and as soon as the | particulars were received at THE NEWS office, a'temjtts were made to open communica? tion, with the counsel then on their way .to Orangeburg. Nothing, however, could be done on Friday night; but at an early hour on Saturday morning the proprietors of THE NEWS telegraphed to General Simons and Judge Magrath, at Orangeb?rg, giving them all the information In their possession, and ad? vising them, at the same time, that Judge Graham was still in Columbia and had not taken the morning train for Orar.geburg. The counsel now had the main tacts of the trick which the Ring had tried to play upon them, And were able to act promptly and to the pur? pose. On our own streets nothing was heard ot the crafty plot until a telegram was received from Orangeburg to the effect that the counsel were gotDg to Columbia. This announcement was Incomprehensible to all save the well informed lew, but TUE NEWS' bulletin was called into requisition, and its explanatory dispatches were eagerly read by anxious - thousands. This ls the history of the attempt to nave the mandamus decided during tt e ab? sence of all the counsel excepting those who represented Pillsbury and his henchmen. Going to Meet the Ring. But to return to the main thread. The pro? test not having been entertained by Council on the 25th instant, for want ot a quorum, it be? came necessary that the alternative cf the mandamus issued by Judge Graham should be obeyed, and fur this purpose on Friday even? ing the counsel, representing Aldermen Voigt, Thorne and Holloway, started for Orangeburg to make a return in behalf of their clients the next day In compliance with the writ. Judge Graham was supposed to be in Marlon, and was expected, with the coun? sel of the Ring, Messrs. Worthington and H?ge, to meet the party from Charleston at Orangeburg. Aldermen Voigt, Thorne and Holloway were in the able bands of Gene? ral James Simons, Hon. James B. Camp? bell, Colonel A. H. Brown, Governor Magrath, Colone! Charles H. Simonton, Major George L. Buist. James Simons, Jr., and A. T. Smythe, Esquires. These gen %?men left the city Friday night, and were, courteously accommodated with the choicest car of the South Carolina Road. In this com? fortable vehicle the counsel could hold their consultations without Interruption, and view the morrow's battle from every possible stand? point. The train left Charleston at ten min? utes alter seven o'clock, but even before this time there was a rumor of treachery on the Otljtfr side, to the effect that Judge Graham was not coming to Orangeburg, and would hear the returns elsewhere. There was but little time to lose, and Major Buist hastily tele? graphed to Mr. Izlar, of the firm of Izlar &, Dibble, Orangeburg, asking him to meet the party at the train when it arrived at that place. Confident in the strength of their case, and buoyant with hope, the hours flew swiftly by, and at half-pait one o'clock Saturday morning the train Arrived In Orangeburg. The car containing the counsel was backed upon the turn out and the whistle of the iron horse echoed cheerily back as he sped upon Hs rapid course. Mr. Izlar was in waiting at tho depot ar.d entered the car as soon as the trail: came up. From him the counsel learned that the Judge was not in Orangeburg, but was expected on the down passenger train, at ten o'clock that morning. Things seemed to be all working right, and the occupants of the car disposed ol' themselves lu various ways to await the ad vat of Rosy Fingered Morn. The all-important day dawned clear and bright, and ihe cool, crisp morning air, as it came over the distant hills and the smiling ?galley nf the Edisto, had a pleasant and ex? hilarating effect upon the party. At an early. | hour dispatcher were received by Governor Magrath and General Simons, iront ' CHARLESTON NEWS, to Hie effect that Ju Graham was in Columbia, and would hear case lhere iustead of in Orangeburg. Th telegrams wrought A Change in the Aspect of Affair It had been noticed that not one o? the herents of the Ring were on ihe train on preceding night, and not one of them was be seen in Orangeburg. Brigadier Gen? Whipper had been seen on board, but had out at Summerville. This strange inaction the other side portended nothing good, ? the dispatches from THE NEWS confirmed suspicions ofloui play. It was now plain t the returns would not be made in Orangebu and an attempt was probable on the part the relators to have the return of the Pillabi Aldermen heard elsewhere, so that a writ peremptory mandamus might issue In the sence of any opposition. It was now abi 9.30 A. M., and the train upon which Juc Graham had been expected would arrive at o'clock. A consultation waB immediately hi In the car, at which the following Dispatch to Judge Graham was prepared : ORANGEBLRG, October 2S, 1871, To the Hon. R. H. Graham. Columbia, S. < We are here with returns of three respoc ents in city mandamus, according to yo order. Your Honor has not arrived nor ha the counsel moving the rule. We have receiv no notice of any change of time or place, a it your Honor has allowed any change to made we ask to be iuiortned thereof, that \ may be lizard before any order is made, the place has been changed to Columbia \ will leave Orangeburg tor Columbia by tl earliest train to day, and not being in defat ask only such delay as will enable us, by t earliest opportunity, to appear before yo Please answer by telegraph, to this place, our expense. JAMES SIMONS, JAMES B. CAMPBELL, A. H. BROW.V, A. G. MAORATH, C. H. SIMONTOX, G. L. BCIST, JAMES SIMONS, Jr., A. T. SMYTHE. The train arrived on time, and lt w quickly ascertained that Judge Graham w not on board and had been seen in Columbi The junior counsel immediately proceeded the telegraph office, and the legal protestaiic against the fraud attempted upon the people rights and a demand to be heard went fl as h i r over the wires to the judge at the Sta Capital. The Reply of His Honor was anxiously awaited. Minutes seem* hours. It was half after ten, perhaps eve then the hearing was going on, and the ca' about to he decided. Perhaps the involuntai default of the three respondents represeute by the counsel at Orangeburr was then bein taken advantage of to secure at the time desi ed peremptory mandamus. These unpleasar. doubts, however, were of short duration. A interval ol fifteen minutes had scarcely elapse before the prompt reply was flashed back as fo lows: COLCMBIA. October 28, 1871. To James Simons, and others, Orangeburg: I am here. Will hear return to mandam at five o'clock this afternoon. (Signed) B. F. GRAHAM. The message fully restored the confidence c the Inmates of the car, and measures wer taken to have their vehicle hitched on to th up-passenger train from Charleston, and 8 half-past one o'clock found the counsel one more moving swittly along En Koate for Columbia. Now the spirits of the party rose as much a they had been depressed on the receipt of th telegrams at Orangeburg. The long expectei hearing was to be granted at the place whlthe they were speeding, and the artful plo laid by their opponents hal been de tected, exposed and defeated. It was a timi of buoyant hope, and irom the recesses o the latiner end of the car, the prince of Charles ton caterers was summoned to appear. It ii needless to say how keenly Tully's ministra Huns were enjoyed by the company. Thej served to while away the time until the sub urbs of the State Capital became visible among the green hills, and the roof ol the new State? house rose boldly Into view. On their Arrival at Columbia the party drove to the Columbia Hotel. Thej here met Judge Graham, and refreshed them? selves preparatory to entering upon the argu? ment in the case. After a brief interval, ilie crowds proceeding in the alrection of the court-room, Jn the Old Carolina Hall, gave notice that the mandamus case was about to be taken up. The court was opened about half-past 5 o'clock. h'.3 Honor, Judge Graham, on the bench. The magnitude of the interests at stake made the game interesting even to outsiders, and quite a number of citi? zens were present curious to learn how the case would terminate. The relators were represented by their counsel, Messrs. Wor? thington and H?ge, the senior counsel, Mr. Melton, being kept away by domestic afflic? tion. The present city government was rep? resented by the Hon. D. T. Corbin, and General James Simons, Hon. Jas. B. Campbell, Colo? nel A. H. Brown. Hon. A. G. Magrath, Colonel C. H. Slmonton, Major Geo. L. Buist, James Simons. Jr., and A. T. Smythe, Esqs., appear? ed for respondents, Aldermen Voigt, Thorne and Holloway. The Court-room was divided off by a railing across the mid? dle, and in the compartment for the use of the bar, at the further end ot the building, was araised platform on which was the judge's seat. The counsel were seated around the tables In front; the Charleston counsel at a large table In front and to the left of the judge, and the Hon. D. T. Corbin among them. Messrs. Worthington and H?ge, counsel for the relators, were seated at a small table a little to the right. The Opening of the Case was made by Mr. Worthington, who said that on the application of certain parties, as rela? tors, an alternative writ of mandamus had been issr.ed by his Honor, requiring the pre? sent City Council to call a meeting and enter? tain the protest, cr show cause in Orangeburg Courthouse at ll A. I" Saturday why they refused to do certain ..ct.-. That by stipula? tion between counsel and certain o? the respondents, the hearing of Hie return to the writ had been transferred to the City of Colum? bia. If this transfer had caused any inconve? nience no one regretted the circumstance more than the counsel for the relators. A return had been filed. He knew not what lt contained and asked that it be read. The Return Mawe by Pillsbury. The Hon. D. T. Corbin presented to the attention cf the court the return of the Mayor and certain Aldermen of the City o? Charleston, and read the same as follows : STATE OF SOL'TH CAROLINA, CHARLESTON COUNTY. To the Hon. R F. Graham. Circuit Judge for the First Circuit ot the State aforesaid: ' In response to the writ ot mandamus, issued bv your Honor on the liUh day of Octooer A. D. 1371. on the relation ol S. T. Gardiner, J. H.Wil? liams, Thomas Tillinghast, J. K. Ancrum, Wm. Dart and H. B. Pickenpack, electors and cor? porators of the City of Charleston, in the mat cer of the protest against an election for May and Aldermen, held in said city on the 2 J d Of August, 1S71, your respondents would i spectfully show "unto your Honor that, ob?dience to your Honors said mandate, t undersigned did meet at. the Council Chai ber. ia Charleston, on Wednesday, the 25th October, for the purpose then and there hear and entertain the protest of the said r lators. wherein they contest the election cf A. Wagener to the office of Mayor of the sa city, and the election of B. O'Neill and otho to the office of Aldermen of said city, at wherein the said relators charge the man gers of said election, held on the 2d day August, 1871, with illegal conduct in the ma agement thereof, and tor the purpose of th( and there examining the returns of the ma agers of said election, together with the bt lots, and to investigate the case and declai the said election. Your respondents would further show th: they were unable to comply with the mandai by reason of the fact that there was no qui rum of the City Council then and there pr sent, as shown by the minutes of the sal meeting hereunto annexed. That the act i the General Assembly of December 20. 185i declares that hereafter the Mayor, ?nd not le? than twelve Aldermen, shall'be a quorum < the City Council for the Imposition of tax? and the appropriation of money, and that fe the discharge of all other dulles imposed, an all other power and authorities vested In th said city by law, the Mayor and net less tba ten Aldermen shall be a quorum. And there being present at the said meei ins only the Mayor and eight Aldermen, t wit, the undersigned respondents, your rt spondents could not obey the said mandate all of which ?3 respectfully submitted. G. PILLSBURY. Mayor, M. H. COLLINS. W. R. H. HAMITON. E. P. WALL, L. F. WALL. G. I. CUNNIAOHA.M. R. HOWARD. T. R. SMALL. WM. MCKINLAY. To this was appended the minutes ol th meeting from which the reporters were ea eluded on the 25lh Instant. It merely state that there being no quorum present the Coun c'.l were not authorized to act, and. therefore could not obey the writ of mandamus issue and eerved upon them. Mr. Corbin said that the return spoke for it self. The respondents therein had been una bie to comply with the writ by reason ot th< non attendance of .the Aldermen named. Mr Worthington then read the returns of persona service of the writ, by handing a copy and leav lng it with the respondents. These return were signed by Richard E. Wall, and 6tate< that Aldermen Gedding?, Thorne, Holloway Potter and Green could not be lound. Th< Judge asked if there were any other returns In Kepi}', General James Simons ?ald In response tha he had been retained with lils colleagues ti present the return of three members of flu present City Connell, upon one of whom per sonni service of the writ of mandamus ha< been made, it having been left at Hie resl dences of the other two. That on makin; these returns they were placed In the positlot of making a return to an alternative writ, ant that the first part of the return was made as I In opposition to a rule to show cause, and Hu second partas to the merits of the case. The counsel for the relators have announce< that they Intended asking not only for a per emptory mandamus, but, In accordance witt notice already furnished, they proposed to asl for a restraining order prohibiting and re straining the respondents, the present Mayot and Council, from surrendering their fran chlaes and archives of office until the peremp tory mandamus could be decided. General Simons having been requested tc proceed, Major G. L. Buist read the return oi Alderman Charles Voigt, as follows: THE STATE OF ROUTH CAROLINA-CUARLESTO> COUNTY. In the matter of the case of the State ex reta i lone S. T. Gardiner aud others, vs. Michael il. Collins, et al. Charles Voigt, on whom a paper, purport? ing to be a complaint for a mandamus, and an order of the Honorable R. F. Graham, judge ol the First Judicial Court of South Carolina, da? ted at Orangeburg, October 19th, 1871, com? manding the acting Board of Aldermen ot the City of Charleston, that on Wednesday, the 25th Octooer, 1871, they meet in the Council Chamber in Charleston, at 2 o'clock. P. M., and that they there and then hear and enter? tain the protest of the relators, wherein they contest the election ot certain persons, Mayor and Aldermen ol Charleston elect, and wherein the 6ald relators charge the managers of elec? tions, held Aujrust 2, 1871, with Illegal conduct in the management thereof, and that they do then and there examine the returns of the managers of election, together with the ballots and Investigate the case and declare the said election, or that they show cause to the con? trary thereof, before the said Judiie, at his chambers, at the Courthouse lu Oratigebiirc, on Saturday, 28th October Instant, at ll o'clock A. M.. being duly sworn, I. For a first answer sajs: That this depo? nent respecfully submits, that by reason ot anything In the atoresald complaint, or in so much oithe order aforesaid, as required him to meet in Council aforesaid, for the said pur? pose, he was not bound in law to meet as re? quired in the said order, for the reasons and for the causes hereinafter mentioned, that is to say: 1. That the form and mode of application to the said court by fhe complaint aforesaid is illegal, informal and unknown to the common law or statute law ol' the State of South Caro? lina. That the 475th section of the A. A., 1st March, 1870, entitled "An act to revise, sim? plify and abridge the rules, practice, pleading and forms of courts in this State," expressly declares that, "unless the Legislature shall otherwise provide, the second part ol' this act shall not affect proceedings by mandamus or prohibition." That proceedings by mandamus in this State are, therefore, lett as thev 6tood by law before said act, and the proceedings of the relators, by complaint, in manner and form, as used by them, is Illegal and void. 2. That if the proceeding in mandamus can be instituted by complaint under the said act, then no proceeding under said act can go on until a summons has been duly served on the defendants, as by the act prescribed, and no summons has at any time been served upon this deponent in the said case; and no lnwml order affecting the person can be made on such complaint, uutll such summons has been served. 3. That no notice of the motion for manda? mus was given either to the acting Board ol Aldermen, the individuals of the board, nor to the Mayor and Aldermen elect; and this depo? nent says that besides the individual members ol the acting Board of Aldermen, the Mayor and Aldermen elect, ( who have been declared elected, as admitted in this complaint,) chiefly, being principilly Interested in the subject, should have been included in such notice, and notice served upon ail ot them. 4. That in pursuance of an act of the Legis? lature ol' this Stale, an electiou for Ma vcr and Aldermen of the City ol' Charleston was or? dered to be held in Charleston on the 2d Au? gust, 1871. That previous thereto the voters of the City of Charleston were required to regisier their names and places of residence in the said city, and to take an oath lhai they were duly qualified by law to vote at the elec? tion so ordered. Thal upon such registrv there were registered bj the said managers : * Coj0T.5,507 white.5)009 Making of registerc 1 voters a colored ma jnrlty of. 49S That in pursuance ol the said act. and of trie notice, the said election was thereafter held on the 2d of August, 1371, which resulted as follows : That for Mayor, John a Wakener re? ceive-' .5.?S6 votes That tor Mayor, (Silbert Pillsbury re. ceived.votes Majority for John V Wagener. 77* votes FOR ALOERMEN-WARD 1. Number or vites caatfT Bernard o'NVlll_10.357 Number or vo e-* casi for 0. A. Bnweo.S.SAS Number of votes ca?t f T J. F. Greene. 4 737 WARD 2. Number of votes cast or W. B. Smith. C.693 Kamber of votes cast for C. Michaels. Number of votes cast for E. W. M. Meeker. Number of votes cast for Wm. McKinlay... WARD 3. Number or votes ca? for Alva Gage., > umber of votes cast for S. fe. Garrett. Number o' v< tes cast f r Jobn Kenny. Nttmoer of votes cast for Garrett Byrnes..., Number of votes cast for A. B. Mitchel!. Number of votes cast for R. Howard. WARD 4. Number of votes cast for C. Voigt. Number of vo es cist for E. F. Sweegan_ Number of v jtes ca-t for G. A. Glover. Number of vote? cast f r A. .s Johnston.. . Number of votes cast for J. H. Taylor. Number o: votes cast for J. H. Albers. Number of votes cast for G. I. Cunningham. Nambi r of votes cast for W. R. H. Hampton. Number or votes cast rot w. Fields. Number or votes cast for M. Goldsmith. WARD 5. Number of votes cast for Wm. Moran. Number of votes cast tor F. Brown. Number or votes cast for A. Cameron. Number or votes cast for A. A. Asplnali.... WARD 6. Number of votes cast for E. Garden. Number of votes cast for A. symonds. Number of votes cast for M. H. Collins. Number of votes cast for K. H. Cain. WARD T. Number of votes cast fo. F. J. Pelzer. Number or votes cast tor E. D. Euston. WARD 8. Number of votes cast for C. B. Sigwal-J. Number or votes cast for J. Powers. That the foregoing table shows that t was then a very large and unmistakable Jority for the Mayor and Board ol Alder elect. That those complaining are only inl tams ot the City of Charleston, and thei not ute ol Hie defeated candidates an them. That none of the persons coraplal claim to have been candidates, or in any connected with tho election, except as b such inhabitants. Thai the question of eleciion ls a public question in which whole community and no particular Indlvlc other than the* candidates, has any lit! right to complain, and that this the title right being on the whole community, and in the individuals, except the candidates, might claim the office, the nttorney-gen is (he proper person to Institute the proc ings which the persons complaining have in motion, or the same, at least, should be his consent. 5. That the persons complaining have set torth ia their complaint or paper afore: that they or either of them, or any perso persons on their behalt, or on behulfof person or persons whomsoever, have at time requested or demanded of the ac Board ot Aldermen of the City of Charlei that the returns of the election, together y the ballots, should be examined by them, the case investigated, and that they should clare the election. Nor have they set for relusai on the part ot the said acting Boar Aldermen so to do. And moreover that t never have made any such request on the lng Board of Aldermen, and that there nc has been any such refusal on their part, ell directly or indirectly, and this depoi alleges that no application, either individu or officially, has ever been made to hin this subj eel, nor did he in either capacity < have any notice of the said protest. G. That the paper purporting to be the G plaint aforesaid, and the motion thereon f: mandamus, are not supported by proper davits of the facts therein stated, bv the ] sons complaining, or by any other persons their behalf. That the facts staled In ordei found the motion should have been suppoi by affidavits framed In so certain and for a manner, that an Indictment for perj might be sustained upon them ii the at menta be wilfully false; and that the verli tiOD In the case ls made In eo loose a man and form, that lt would be impossible to false swearing upon any statement in the ci plaint, and lt Is respectlully submitted t neither a rule to show cause, nor an aitet tlve mandamus, can Issue on the affidavit verification ot the complaint. II. That for a lurther answer, this depon positively affirms that ne protest was ma or any notice of a protest of the said elect given to the acting Board of Aldermen on 6th August, 1871, or at any other time befe or that any-notice has been given them sin And he will show that no protest was fl with the clerk of Council at that time, as leged by the persons complaining, or by c otner Derson, and denies tbe said stateme That on the third day after the election, wi Hie managers of election and citizens v conferring together as to the safest and m appropriate custody of the ballots, In case any .contest of the election, members of i Early ot the defeated candidates were presi y invitation at the said conference, and was announced openly that there would be protest or contest as to the election. That chis deponent hus heard and been formed that a few days after the election, t Hon. Hilbert Pillsbury, then Mayor ol Charl ton, requested a number of citizens of t highest respectability to meet him In t Council Chamber to consult on the bi means of allaying all excitement and preset lng public quiet, at which he was attended one Alderman and another friend, Gene: Gurney, the latter of whom, Ina speech the presence of Mayor Pillsbury, announc the Jacr that they were satisfied after so ti mistakable a majority to abide by the result the election, to which Mr. Pillsbury did n demur. That this deponent has heard and been i formed that on the "th August, 1871, M Stone, ihe law partner ol the city attorney, < behalf of the Mayor, attended a conference the counsel of the Mayor and Aldermen ele( as io Hie time at which they should be inst: led Into office, and it waa agreed that the di fixed by law was the 1st Wednesday in N rember. That on the Sill August, 1371. City Connel being the acting Board of Aldermen, held meeting in the Council Chamber of the City i Charleston, at which time and place there wi a quorum ; that there were present on the o easton Mayor Pillsbury, and Aldermen Gei dings. Cunningham, Holloway, Voigt, Hara] ton. Colli ns, Small, E. P. Wall, Thorne, Howar and McKinlay ; that of these persons, h Honor, Mayor Pillsbury, and Messrs. McKinla; Howard, Cunningham, Hampton, Collins an Voigt, hail been candidates at the said electioi and Mr. Voigt was the only one of them wh had been elected. That much business wu done at that meeting, and among other thing that ti?; bills of the managers of electlot amounting to $1500, were passed and ordere to be paid. That Hie Council then proceede to the election of city civil engineer, and mad an election ; lhat two of the Aldermen, Uesen Collins and Cunningham, opposed the election and the latter demanded that his protest b recorded. He did not think it right tor Conn eil to elect a new official for four years, on th? eve of its retiring. Yet nothing waa done o said in relation to a contest or a protest of thi said election. That in pursuance of the arrangement con curred in on the 7th ol August, 1871, Mayoi Pillsbury, on the 8th August, 1871, on thc same day of the enid meeting ot Council, is sued his proclamation, setting forth the votes received by the candidates, and declared Hie Mayor and Aldermen elect elected, and the fact of the conference of the 7th August, 1371, was published in the newspapers on the Sth August, 1671, in Charleston, and Mayor Pillsbury's proclamation was published in the same on the lOih August, 1371, wherein by de? claring the election, he held out to the world Hie Mayor and Aldermen elect duly elected. That on the 5th September, 1871." the City Council, being the aciing Board ot Aldermen, met at a regular meeting of Council, in the City Hall of Charleston, tor the transaction of business, at which lime and place there was a quorum, ut which again Hie pretended pro? test, if it was Inexistence, or if a contest of the election was contemplated, might then and there have been b. ?light bet?re the City Council, and they might then and there have been requested and required to consider the same; but this deponent aileges, and will prove by the published proceedings of the Council, that not one word, directly or indi? rectly, was said on the subject, although the clerk ot Council was in his place, and the Mayor presided nt the 'meeting, no mention wusmadeby either of a protest or anything about it, ns appears by the published minutes. That, moreover, this deponent has, and will produce, n certificate, under the hand of Mr. Wm. lt. Mitchell, clerk ot Council, dated 24th October. 1871, that a petition, remonstrating against the said election of General Wagener, as Mayor, was flied in the clerk's office on the 17th day of September, and that the paid paper is now In the possession of Hie Hon. Gilbert Pillsbury; lhat on the 24th October Instant, Alderman Voigt, and George Lamb Buist, Esq.. a practicing attorney-at-Iaw of the City or Charleston, both being corporators of the City of Charleston, requested Mayor Pillsbury elect to exhibit to them the said paper, which he declined, saying that he would have to legal advice. That this deponent affirms that the pi of the election, filed in the clerk's office, not notice to the acting Board of Alder that the clerk of Council was not a memt the board. That even if it was notice c protest, there was no request or demac the acting Board of Aldermen to conside same, and there never has been any re on their part so to do. And this deponent that the relators had full and ample oppor ty to make their protest of the electio make the demand aforesaid upon the ac Board of Aldermen, and f urther to have ? quorum, and take their action thereon b< Mayor Pillsbury declared the said elec that by not filing the said protest ot the election, before the said declaration ot election, and not taking any action thei until the 17th September, 1871, they I been guilty of such gross laches and unrea ebie delay, that they are not now entitle the relief they claim; and they should 1 made their protest of the election, and pul same in motion before the Mayor opened return of the managers, and declared election of the Mayor and Aldermen elect which they had ample and abundant time. That before the 5th of September, 1871, Aldermen died and two resigned; and since that date, by the absence and slckt of members of the Council, no quorum been had, although meetings have been cal That from the 2d August, 1871, to the dat said order, no notice of any protest, or < test, has been given to the Council, or ac Board of Aldermen, nor any request mad? them to meet for the purpose of considei any such matter. That If application had b made at any time between the 2d August 5th September, inclusive, a quorum could h been obtained. 2. That true it is that the complainants lege that in their protest they have char the managers of election with illegal cont in the management thereof, but then- li specification in the complaint ol any r&n lars In which the said managers are charge have so illegally conducted themselves. 1 the order requires the acting Board of Ali men to hear and entertain the protest. 1 the said protest has never been submitte the said acting Board of Aldermen. That duties imposed upon the acting Board of Ali men by the A. A. 1868, are not Judicial In tl character, as held and decided by the Supn Court of this State, and that according to judgment of the said court, their only pot authority or duty under the said act is to clare the election, that ls to say. to dec those elected who have received the hlgl number of votes, and no more, and that said board have no power or authority to < with the validity of the election, or the c duct of the managers. That Mayor Pillsbury, before the said p test, had already, in obedience to and con mlty with the statute, announced and publ ed the whole number of votes cast, and whole number of votes cast for each cai date, and declared by public proclamation, several candidates receiving the largest ui ber of l?gal votes for the offices for which t were voted, duly elected; and the elect having so been declared, lhere ls nothing for the acting Board of Aldermen to do In ?peet of the said declaration of the electl and the relators are not entitled to the e mandamus. And this deponent further says, that no p test of the election having beeu made or on foot, and no notice thereof having bi given to the said Mayor or acting Board ot dermen before Mayor Pillsbury made the s announcement and declared the election, the complainants in,their statement admit was too late after the same to make any p test of the said election, and they are entitled to the mandamus. This deponent submits that no case has b< presented by the persons complaining, ot i character contemplated by the A. A. 1668. t none therefore In which the powers confer by that act on the City Council can be lawft exercised. This deponent further says that he ls formed and believes that the relator, S. T. G diner, was one of the managers at the said el don, and signed the general return and I retumof his individual precinct. C. Vi IGT Sworn to before me aud subscribed this 2 of October, 1871. J. E. BURKE, Notary Public Mr. James Simons, Jr., next read Hie re tu: of Aldermen Thorne and Holloway, wh were similar to the above, with the excepts of a few trifling alterations. During the rei lng of the returns General Gurney, cour treasurer, was present tn court, and his sile acquiescence tn the portion relating to his a tlon In regard to the Mayor was a strong cc firmatlon of the statements. Mr. A. T. Smyt then read the following joint Affidavit of Major Buist and Aldermt Voigt. THE STATE OF SOUTH CAROLINA-CHAKLESTI COUNTY. Personally appeared before me G. Lar Buist and C. Voigt, who, being duly swoi said that on the 24th October, 1871, they calli at the office of the clerk ot the City Council Charleston (W. R. Mitchell) and request that be would furnish them with a certlfli copy of the protest of the late city electio said to have been filed in his office, to which 1 replied that he had had lt In his possessio but that lt was now in the possession of 1 Honor, the Hon. G. Pillsbury, and that 1 could not furnish what they desired. Thi then asked him when the "papers were le with him. To which he replied, that a pei Hon remonstrating against the election General Wagener as Mayor was filed In tt clerk's office on the 17th September, bi having no quorum at the City Council was d terreii. and since has passed luto the Mayor possession; and at their request signed paper to that effect In their presence an save lt to them, the original of whlc ls with this deposition and signed by these di ponents in authentication thereof. That the then went immediately from the office of Mi Mitchell, the clerk of the City Council, to th chamber of Mayor Pillsbury, in the City Hal and, seeing him In person, stated to him the the clerk of Council had just i a! or m ed thei that the paper mentioned by the clerk, th protest of the election of Mayor, was in hi possession, and they requested him to allo\ them to look at lr. He declined, stating tha he would have to take legal advice. G. L. BursT, C. VOIUT. Sworn to before me this 24th October, 1871 J. E. BURKE, Notary Public. Mr. Symthe next read the official proceed logs of the Charleston Councils meetings lo August 8lh and 22d, September 5th and 19lb and October 3d, showing that two full meet Ings had been held, and business transacted bj Council on August 9th and September 5tb, af the date, the 6th of August, when the relators claim that the protest was filed, and at which, it filed, it could have been presented and read. My Bull anti Your Ox. Mr. James Simons then read the decision ol Justice Willard, concurred iu (at that time) by Mr. Justice H?ge, in the case of the State ex rel. Gilbert Pillsbury, et al, vs. the acting Board of Aldermen-i. e. Mayor Clark and his Council-in which it was decided that the act? ing board had the power of xountlng the votes and declaring the result, but not of ad? judging the election illegal or void. This closed the pleadings for the respondents, and Mr. Worthington made Tile Argument for the Relators. He regretted extremely that older and abler counsel had been denied, by reason of a family affliction, the satisfaction of making the argu? ment. The duty now n33igned him was unex? pected, and he could only submit such thoughts as suggested themselves. The rela ' tors seek to enlorce the performance of a min? isterial duty, and not that which is among the general duties of the board. He did not con? ceive that the cue read (and which appeared to give him some trouble) interfered with the object of the relatora. They only asked that Hie acting Board of Aldermen may do what fell short of and was less than the exercise of judicial powers, and examine into and de? clare the result of the election. The decision did not exclude the board from examining ' and proclaiming the result. This was but a ministerial act, and so tar the board cc act under Judge Willard's, decision. He sa They shall not ascertain judicially toe ille conduct of [The speaker here asked for the declsi and it haring been handed to him, he seen struck with another idea, and branched He continued:] The decision disposed of another ot the pi tions assumed by the respondents. In the 1 clause ot section 4 of the return, it ie allej that the question of election ls a public o and no individuals, excepting candidates, c complain, but the attorney-general ls the p per person to institute the proceedings, or tt should, at least, be by his consent. In I case of the State ex rel. Gilbert Pillsbury Mayor Clark and board, the attorney-genei did not make the complaint. "He was counsel, perhaps," suggested 1 Campbell, '-and the return expressly mal an exception In favor of the candidates] ele who may make the complaint ;it they,[cla the office." This suggestion, mildly and kindly put, sti gered the counsel ia his speech, and he grat fully gave up the point and proceeded: The respondents charge that the relate have proceeded by complaint, which is llle< in thia case. It is a petition, and should be regarded, as lt was on this ground that : summonses were Issued. Unfortunately the was an error as to the date when the prob was flied, which was not discovered until t papers were served, and which seemed to i 1er a reasonable pretext on which to ask til the writ ot mandamus be dissolved. It w stated in the writ that the persons aggrlev got out their protest and flied the same on t Gili ol August. Tnls ,was a mistake; the pi test was not Sled until a month later. Tl error affords the respondents an 2 <? portunlty of presenting affidavits to sh< that there was a quorum present two meetings of Council. He woi aver that after the presentation of t protest, notwithslanding earnest endeavo: there was not only no quorum, but this w owing to the wilful and deliberate act of ci tain Individual members to prevent a quorui Three parlies v/ho were absent during sevei of the last meetings fall to account; for .tin absence. On the announcement of the eli Hon the relators, not being content, caused be drawn up and flied their protest, chargi the managers with illegal conduct. It w signed by citizens to the number of three hu dred, and flied on the Gita of August, says t complaint, and he would frankly admit that should be the Gth of September, as certified him by the clerk when the complaint was I lng drawn. Golonel Brown. "Produce lt. Show us t certificate." After a painful search of papers and rackl: ot the memory, the certificate could not found, and counsel supposed it had been left his office among some other papers. ' Judge Graham relieved the counsel ! remarking that ll would be Impossible for tl court to decide to compel the acting board entertain the protest until be knew what tl grounds were upon which lt rested. Governor Magrath. 11 Your Honor, we ha asked for the protest and lt should be furnish us." Judge Graham. It may be that the groan are such as In the opinion of the court a unfit for the board to decide npon. From tl affidavits now bet?re the court, lt rules that i protest bas ever been flied. The clerk has n got lt, lt has never been in court. The d fendants have been denied the sight or a co] ot lt. There is no protest. It is impossib (or the court to decide ihis case until lt se the protest and examines the grounds upc which it ls based. Mr. Worthington said the protest had be< flied and the complaint states the ground Since the time of filing lt, a quorum has be? purposely avoided. If the protest was befo your Honor lt would show nothing more the can be got out ot the complaint of the rel tors. He did not know how business wi done in Charleston, and in whose hands tl protest was. Il was net on file, because the: bud been no board to receive and consider I There was no denying that the managers hs prepared their return iu due time, as autho ized by the act, and sent the same to tt Mayor, who Issued his proclamation Governor Magrath rose, and, asking leav of counsel to interrupt him, Inquired: lst. Does the counsel maintain that the ac lng Board ot Aldermen have the power to di clare the election void or do anything eta than examine the ballots and declare the re? sult ? As this question must of necessity bi answered in the negative, he would ask 2d. Are any circumstances whatever pre sentedto the notice of the court to induce I to ordern lurcher scrutiny la the matter o this election by a writ of mandamus, which i never granted unless there is a denial of so mi important right, or unless some great good I to be effected ? The answer would reduce th< argument to a single point. Mr. Worthington said that this brought tbi question back to the decision ol Justice WU lard. The Supreme Court had decided u?ioi the impropriety of investing a board ol ald?r men with Judicial power to decide upon theil own continuance in office. The decision die not deny that the board might go on enter faining the protest and count the ballots. General Simons. Your Honor says rightly we think, that without a protest there ls nc question. I read from the complaint : 8th. That your relatora have at all times, since the submission of their said protest, earnestly desired to have action thereupon by the said acting Board of Aldermen, and to have the opportunity afforded to your relators to present to said board the ground upon which your relators contest the election, &c. Thatyoiir relators have repeatedly brought the matter of the said protest to the attention ot the acting Mayor, aud to the attention of indi? vidual members of the acting Board c: Alder? men, &c. There wa3 no need to submit testimony as to tile legal right. The duty of the board was to count the ballots and make ti mere arithmetical compilation. The purport of the prayer ol Ihe complaint is that the protest be heard and determined. Where is the protest ? Who here has 3een it or can swear as to the existence of such a document? We are play? ing Hamlet, and the Ghost has uot been seen. It is not in existence. We have tried to see lt. We have- asked for it. None here have been able to see lt. It is said to be in the Mayor's possession. Its proper place is not there, but In the office of the clerk and in this court. Mr. Worthington. "The phraseolgv of the petition, which embodies the protest, conveys the idea o? au examination to be held-. Colonel Brown. "Oh, d-n it, they have thrown up the sponge. Lei's go V Judge Graham. "Don't you think, Mr. Worthington, that you can't get on ?" Mr. W. "That's for you to decide, slr." The Decision. And the matter was decided, for, in a few minutes, Governor Magrath handed up the f [following order, which the judge aigaed at ' once: I In the matter of the State ex relatlone S. T. Gar? diner, et a!, va. Mchael H. collins, et al. On hearing read the returns made to the rules issued in these cases, it is ordered, that the rules be discharged and all further pro? ceedings under the application for an alterna? tive mandamus be discharged and the same vacated. R. p. GRAHAM. October 28th, 1871. The proceedings had scarcely occupied an hour, but as the case progressed it became evident to all how lr. would terminate. The decision was Just and sound, and could not be avoided. The matter was discussed freely afterwards, and the Radicals present all ad? mitted ?bat the relators had the weakest of cases, and the decision was no more than they had expected. Tbe Charleston party got back to the depot In time for the 8 o'clock train, and arrived In the city yesterday morning, where the good news soon spread over the whole city, causing j general rejoicing and congratulations. THE OLU WORLD'S NEWS. LONDON-, October 28. Gladstone made a speech at Greenwich to? day, In which he eulogized the Queen, compli? mented his colleagues, po.nted with pride to the vitality of the Liberal party, declared that Ireland was more contented, and promised that the troops In the colonies should be reduced, with various other military reforms. -t Austria submits proposals respecting the In? ternational Society for the consideration of the Government at Berlin. It has been decided that the Papal conclave OB the subject of the Pope's testament shall meet in France, not at Rome. Vatican circles continue to give out that the Pope will shortly leave Rome unless the Due d'Hemourt ls favor? ably instructed by the French Government There ls no possibility of such instruction j. Aa allocution of the Pope bas been published, ia which, while he recognizes bishops appointed by the Italian Government as possessing re? quisite qualifications of their offices, he sol? emnly repudiates Italy's guarantees and pro? tests against the Invasion of the Holy See. The allocution also condemns the course of Dr. Dolllnger and such as are following his ex? ample. THE TROUBLES IN ,UTAH. SALT LAKE, October 28. Trouble ls apprehended when Hawkins's sentence le delivered. The women seem most excited, and Federal officials nave received threatening letters. Brigham Young has left the city. Evidently something Important ls pending, but the Gentiles generally don't ap? prehend resistance to the law. SALT LAKE, October 29. The mayor of the city and four others have been arrested by the United States marshal charged with the murder of prisoners and taken to Camp Douglass. Some wild words attended the proceedings, but there was no re? sistance. Orson Hyde, one o? the twelve apos? tles, has fled southward to avoid arrest. A dead body was found near the city with four bullet holes in IL Warrants are out for Brig? ham Young and his son Joseph on the charge of murder. The indictments against Richard Yates are founded upon the .testimony of Bell Hickman, formerly a Danice or secret agent of the Mormons. Hawkins, convicted of adulte? ry, was lined $500 and sentenced to three years' hard labor. Notice of au appeal to the Supreme Court was given. COTTON MOVEMENTS FOR THE WEEK. Nsw YORE, October 29. The cotton movements for the week were large, both in receipts and exports. The re? ceipts at all of the ports were 93,969 bales, against 82,538 last week, 64,097 {he previous week, and 46,044 three weeks since. The total receipts since (September have been 363,039 bales, against 437,622 for the corresponding period ol the previous year; showing a decrease this year ?of 74,583 bales. The exports from, all ol the ports for the week have been 39.911 bales, against 41,832 for the same week last year. The total exports for the expired por? tion of the cotton year amount to 154,131 bales, against 169,295 lor the same time last year. The present stock, as compared with that of last year, ls as follows : Oct. 29, 1871. Oct, 29,1870. At all ports.219,620 231,802 At Interior towns. 40.329 39,439 Io Liverpool. 61,800 509,000 American cotton afloat for Great Britain. 47,000 63,090 Indian cotton afloat for Europe.333,675 216,277 The weather at the South during the week was generally favorable for picking operations. AN UNFORTUNATE SCHOONER. FORT MONROE, October 28. The schooner Florence Rozers, from Charles? ton, S. C., bound to New York, arrived here to day, and ls anchored at lower quarantine? The captain and second mate died on the pas? sage of yellow fever. THE GOVERNMENT GOLD. WASHINGTON, October 29. The treasury purchases a million of bonds on each Wednesday, and sells a million ot coln on the first, third and fifth Thursdays, and two million on the second and fourth Thursdays of November. Attorney-General Akermen has returned. THE WEATHER THIS DAT. WASHINGTON, October 29. Brisk southerly winds are probable for to? night on Lake Michigan, and easterly winds on Lake Superior, followed by northerly winds on Monday. Southeasterly winds, with threatening weather, will continue on the Gulf coasts, and northeasterly winds, within creasing cloudiness, In the South Atlantic States. The barometer will probably rise la New England, with northerly winds and clear weather.' Cautionary signals are ordered at Grand Haven, Chicago and Milwaukee. Ynttntsy'i Weather Reporta or tu? Signal Service, U. S. A.-4.47 P. M., Local i linc. C N C I "5 Ol If I II I ff Place of j; s a* o g_ Observatloa. : ?. S : ? "2 ?? ?sSi I if A icusta..|30.21 73 Cairn.Olear. Baltimore. 30.33 6i|NE Gentle. : Olear. Boston. 30.10 46?NW Fresh. Olear. B?rralo. N. ?.... 30.23 47 W Gentle. Fair, j Charleston.30.2J 67 E ; Fresh. Clear. Cheyenne, W.T.. 129.55 3?!SE Fresh. ?Fair. entoago.130.03 54 SE ?Fresh. Clear. t tuclnnati.>30.2?\ 59?SE ? Lieht. [Clear. Cleveland.?30.22 49, *E Gentle. Hazy. Corinne, C tah... ?29.96 4e:Calm.l.Fair. Detroit.<30.2l| 47;SE :Fresh. Cloudy. Duluth. Minn... 1-30.00[ 41,NE Fresh. U.Rala Indianapolis.... 30.0?! 62:SE ?Gentle. Fair. Key West, Fla.. 29.93? 82 NE iBrisk. Fdr. Knoxville, Tenn. 30.12! 70 Calm..Clear. Like City, Fla.. 30.08 78'E I fresh. Fair. Memphis, Tenn . 30.01; 75|Calm.?.Fair. Milwaukee, Wis, 30.07; 46 SE ?Fresh. Fair. Morue.?30.07 74 SE Gentle. Cloudy. .sas: i ville.|30.09 ? 771 SE nentle. Clear. Sew London, CL?30.03; 4\NW Fresh. Clear. NVw orleans.... 30.0T 74 E Fre^h. cloudy. New York.'30.23 48 NW Gentle. Clear. emalia, Neb.?29.99, 48 N Brisk. Cloudy. oswego, K. Y....i30.34| 44 SW Fresh. Fair. Philadelphia.'30.23; 49 N .Fre.-h. Clear. Pittsburg, Pa.... 30.3? 48 Culm.-.Hazy. Portland, Me....130.04 43 NW ?Fresh. Oioudy. Rochester, N. Y. ?30.241 4*1 SW Light. Fdr. San Fras cisco.. ?30.061 as sw ;.Clear. Sivuntiaa.(30.15! 70 S ?Henrie. Hazy. St. Louis. 29.92 72|SE ?Gi-nrle. Pair. St. Paui. Minn.. 129.90; 47 S 'lentle. Ihr'ng. Washmgton,!)L.j3o.?9 .i!N 'leutle. Hazy. wunnnn'oii.N C SO 24 64 E QenM>- Clear. Norfolk . ,30 29 ?2 NE Genie. Ci'-.ir. Lynchburg.|S<>.27 65 Calm. i ir. Leavenworth.... 30.04 58 N Brisk Fair. I'npe Ma .Iso 34 ? sw B i<t i >r. Ut. wa-liinaton.|29.83| 15 NW neutle ifiy. NOTE -The weather return dated 1*1 ??'ci"0t, tim morning, will be posted lu tue roo iaM>I tne Chamber or Commerce a', io o'cioct A. M...SAM, together with the weather chart, may TO courtesy of the chamber? be examined t>y ship? master*; at any time during the day.