The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-08-05

tne Ia. ISpmmlLtee on Privileges and
Elections Of the House OF Repre-
sentatiyes, yesterday, in the matter
OF the Anderson delegation. It has
been made the special order for
Thursday next: @ .t'''''E'' v'' =
HOUSE OF REPRESENTATIVES
COLUMBIA, August 8, 1868.
The Committee on Privileges and
Elections, to whom was referred the
protest of John r. Cochran and N. j,
Newell, for themselves and one James
Webb, citizens of Anderson County,
In the State of South Carolina, CON
testing the seats of John B. Moore,
B. Frank Sloan and John Wilson,
sitting members from said County,
beg leave to report that they have
had the same and accompanying pa
pers under consideration, together
with q mass of written testimony
submitted by the contestants, and
papers from military headquarters,
Second Military District, communi-
Gated through his Excellency. the Go
vernon.
The protestants claim the seats of
the sitting members, upon the ground
of fraud, bribery and intimidation of
voters, by threats of violence and
discharge from employment, &C.,
under the influence of which nun.
bers of qualified voters were kept
from the polls, during the election in
said County for State officers and
members of this General Assembly,
held on tha 14th, 18th and 10Th days
OF April last, and who, it is alleged,
would have voted for them; and under
said influences, others voted against
their desire and intention; and the
illegal voting of persons deemed to
have been disqualified from voting az
said election, under Acts of Congress.
Your committee, after careful in
vestigation, which was somewhat
protracted, having afforded the CON
testing parties the time asked for, in
order to collect testimony in their
behalf, and after maturely consider
ing the evidence before them, being
q large number of afidavits sub
mitted by both parties, your commit
tee deeming it unnecessary to send
for persons, and hearing counsel on
both sides, have unanimnusly de-
cided:
1st. That the evidence before them
does not prove that sufficient num-
ber of illegal votes were cast at any
particular box or boxes, during said
election, for any one or more of the
persons who are returned as having
received the highest number of votes.
VIZ: The contestees, John b. Moore,
y. Frank Sloan and John Wilson.
Ii 1t were SO, and, after deducting
said illegal votes from the majority
candidates, the contestants were left
a greater number of legal votes than
the contestees, then they would be
entitled to their seats as the legally
elected Representatives from said
County. This view of your commit
tee is sustained by decisions in nu-
merous cases, decided in our own
Legislature heretofore, and we think
in many States of the Union; indeed,
In no other way, and for no other
reasons, could party rightfully OBJ
tain the seats of those who were re-
turned as having been elected.
NN' LVui OIuIllIUSS nave also una
nimously decided that fraud, bribery
and threats of all kinds were used,
both by employers and other parties,
and illegal conduct of managers,
abundant proof Of which is contained
in the papers herewith returned to
the House, to an extent which salts
ties your committee that the full and
free exercise of the suffrage by large
portion of qualified electors, during
the election hereinbefore mentioned.
were not enjoyed.
Your committee being satisfied of
this, beyond the shadow of doubt,
and believing that if these things
were not SO; if the electors in this
County during said election, in the
exercise of a right secured to them
by the supreme law of the land and
OF this State, were untrammeled, the
results would, perhaps, hare beer
other than that reported; therefore,
your committee recommend the
adoption of the following resolutions:
Resoloed, That the seats of the sit
ing members from Anderson County
be, and are hereby, declared vacant.
Resolred, That o writ of election
issue for three Representatives for
Anderson County.
Respectfully submitted.
II RANCTIHD