Can a negro hold office in Georgia? : decided in Supreme Court of Georgia, June term, 1869. Arguments of council, with the opinions of the judges, and the decision of court in the case of Richard W. White, clerk of Superior Court of Chatham Co., plaintiff in error, versus the state of Georgia, ex relatione Wm. J. Clements, defendant in error. Quo warranto. Chatham

Georgia. Supreme Court, Richard W White, William J Clements, Eugene Davis

Sujets

• African American
• Civil and political rights
• Georgia

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• Publié par: les_archives_du_savoir
• Nombre de lectures: 20
• Langue: English
• Poids de l'ouvrage: 10 Mo

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:
GEORGIA?HOLD OFFICE INCAN A NEGRO
Term. 186ft.Decided in Supreme Court of Georgia. June
OF COUNSEL.ARGUMENTS
WITH OPINION OF THE IUDGI ANDTHE
COURTDECISION OFTHE
IN THE CASK OF
WHITE,RICHARD W.
' ' OP CHATHA3CLERK OP SUPERIOR p chath'a:
QUO WARRANTO.
Maintiff
VERS
'
THE STATE OF GEORGIA, El R(
WM. J. CLEMENTS,
Defendant in Error.
REPORTEDPHONOGRAPHICALLY
DAVIS.BY EUGENE
ATLANTA, GA.
AND JOB OFFICE.INTELLIGENCER BOOKDAILY
6 9.18:
HOLD OFFICECAN A NEGRO IN GEORGIA?
Supreme Court of Georgia, June Term,Decided in 1869.
ARGUMENTS OF COUNSEL,
WITH THE OPINIONS THEOF JUDGES, AND
THE DECISION OF COURT
IN THE CASE OF
RICHARD W. WHITE,
CLERK. OP SUPERIOR COURT OF CHATHAM CO.,
QUO WARRANTO.D7„v *,vf i m I ^Flaintiff in Error, f
VEXSFS
THE STATE OF GEORGIA, Ex RekltwUd
WM. J. CLEMENTS,
Defendant in Error.
PHONOGRAPHICALLY REPORTED
BY EUGENE DAVIS
ATLANTA, GA.
DAILY INTELLIGENCES BOOK AND JOB OFFICE.
18 69.,15: : ;
COURT OF GEORGIA,SUPREME
JUNE TERM, 1869.
JOSEPH E. BROWN, Chief Justice.Hon.
II K. McCAY,
. ) A!,hOC1A1EAssociate JUhTICtbTustices-
HIRAM WARNER,Hon. f
RICHARD W. WHITE, ~^
Chatham Courjty. Quo Warranto.Clerk of Superior Conrt of
Plaintiff in Error.
VS.
Relatione, Chatham,The State of Georgia. E.r
WM. J. CLEMENTS,
Defendant in Error. r.J
Supreme Court Chambers,
Atlanta, Ga., June 1869.9,
Stone, in opening the case on behalf of theCol. A. W.
of the Court below, whichplaintiff in error, read the record
followsis as
GEORGIA, )
County,Chatham
f
Superior CourtHonorable the Judge the midTo the of of
County
a free white citizenThe Petition of William J. Clements,
thatChatham, respectfully shows, heof the said County of
years, and in every otheris above the age of twenty-one
hold the office of Clerkeligible to, and qualified torespect
Chatham,Court of the said County of ac-of the Superior
; that at an election held incording to the laws of Georgia
23d and 24thCounty of Chatham on the 21st, 22d,said
Clerkhundred and sixty-eight, for adays of April, eighteen
County of Chatham, pursuantof the Superior Court of said
of color, and yourKichard W. White, a personto law, one
Electorsonly persons voted for by thepetitioner, were the
White, a person of color, receivedthat the said Richard W.
commissioned as suchhighest number of votes, and wasthe
discharge of the duties and exercisingClerk, and is in thereceiving the emoluments inci-the rights and powers, and
fur-and attached to said office. And your Petitionerdent
that the said Richard W. White is a person ofther shows,
one-eighth of negro, or African,color, and has in his veins
ineligible the office of Clerkblood, and was consequently to
unable,Court, and was, and still is, incompetent andof said
Georgia, to hold said office.under the laws of
further shows, that by Section 121And your Petitioner
at auy popu-of the Code ot Georgia, it is enacted "that if
ineligible,fill any office the person elected islar election to
next highest number of votes, who isthe person having the
shall declared elected,eligible, whenever a plurality elects, be
thatduly qualified and commissioned to such officeand be ;
was at the time of said election eligible toyour Petitioner
elects in such election.said office, and that a plurality
leave of your Honor"Wherefore your Petitioner prays the
natureinformation in the name of the State, in theto file an
upon the said Richard W. Whiteof a quo warranto, calling
or law he holds the aboveshow by virtue of what rightto
therefromoffice, andwhy he should not beamovedmentioned
declared eleeted, and be qualifiedand your Petitioner duly
Superior Court of theand commissioned as Clerk of the
said Richard W.Chatham for the term for whichCounty of
commissioned.White has been
&c.And your Petitioner will ever pray,
Wm. J. Clements.
T. E. Lloyd, Attorney.
Clements, who,Personally came before me, William J.
forthand says that the facts setbeing duly sworn, deposes
in the above Petition are true.
Sworn to before me this January 22d, 1869.
Henry Wetmoke, Wm. J. Clements.S.
Ordinary Chatham Co., Ga.
GEORGIA,
}
Chatham County,
f
On reading the above Petition and Affidavit it is ordered
that the said Richard W. White, now aeting as Clerk of the
Chatham County, show cause beforeSuperior Court of do
atme, at the Court House, at Savannah, in said County,
eleven o'clock, A. M., on the 26th day of January, 1869,
an information in the nature of quo warranto shouldwhy a
Petition, andnot be filed against him as prayed for in saidthat a the Petition Affidavit and this ordercopy of be
served on the said .Richard. W. White at least three days
before said last mentioned day.
W. Schley,
Judge Superior Court East. Dist. Ga.
January 1S69.22,
Filed this January 22, 1369.
Geo. Washington Wilson,
Deputy Clerk S. C. C. C.
SHERIFF'S OFFICE, )
Chatham County, January 1869.22, f
I have this day served a copy of the within Petition, Affi-
davit and Order, personally, upon Richard W. White, the
within named Defendant. The return of
Isaac Russell,
ClerkDeputy C. C
CHATHAM COUNTY SUPERIOR COURT,
January Term, 1S69.
In Re, The Application of "]
Wm. J. Clements,
For Leave to File Quo Warranto, \-
vs.
R. W. White. J
In the above matter it is declared that the Petition be
granted, and that the Solicitor General of the Eastern Dis-
trict of Georgia file an information in the nature ofdo a
Quo Warranto at the relation of Wm. J. Clements, calling
on the said Richard W. White, acting as Clerk of the Supe-
rior Court of Chatham County, who is alleged to be a per-
son of color, having in his veins one-eighth or more of
African or negro blood, to show, twenty days after the ser-
vice on him of said Quo Warranto, before thea copy of
Judge of said Superior Court, at the Court House, at Sa-
vannah, at 10 A. M., by what warrant or right ot law, he
holds said office and discharges its duties and receives the
emoluments thereof. Order granted February 4th, 1869.6
SUPERIOR COURT,CHATHAM
January Term, 1869.
State of Georgia,
Rel. Wm. Clements,Ex J. Quo Warranto.
vs.
Richard "W . White.
the Respondent having filed an answerIn the above cause
triedraising an issue of facts, it is ordered that the same be
by a Jury on the twenty-second day of March, 1869.
MarchUK 1869.
GEORGIA,
\
Chatham County.
J
Superior Court, January Term, 1S69.
Alfred Smith, Eastern JudicialB. Solicitor General of the
Georgia, inDistrict of Georgia, who sues for the State of
Chathamthis behalf, comes here into the Superior Court of
County, in said before the JudgeEastern Judicial District,
in thethereof, on the Fourth day of February, 1869, being
ofJanuary Term of said Court; and for the said State
ofGeorgia, at Clements, Esq.,the relation of William J.
in such casesaid County and State, according to the law
andmade and provided, gives the Court here to understand
ofbe informed, that held in said Countyat an election
Chatham, of April,on the 21st, 22d,'23d and 24th days
County1S68, for a Clerk of the Superior Court of the said
onlyof Chatham, the Clements was thesaid William J.
oneeligible and for thatqualified candidate who was voted ;
Richard in his veinsW. White, a person of color, having
moreone-eighth or more of negro or African blood, received
ineli-votes than said White was and isClements, but that
gible to, and by reasondisqualified from holding, said office
in hisof his being, as aforesaid, a person of color, having
andveins one-eighth or negro blood ;more of African or
theconsequently, said citizen, overClements, being a white
uge of Twenty-one qualified toyears, and eligible to, and
exercisehold, said office, is entitled discharge its duties,to
emolumentsits powers and rights, andreceive the fees
controlarising andfrom it, and to the occupation, custody