The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1869-12-10
The Abbs7ihe Elections.


porterIof the Go ommittec on privileges
and Elections en tho contested cleo
ton for senator from Abbbcville.
Thc report is rs follows;
The Committee on Privileges and
Elections, TO whom we referred tho
report of the county canvsscrs for Alb
beville County, in an election which
was held Oh tho Goth day Of May A
ID. 1869, to choose n senator for the
said county, have had same under
consideration, in connection will
other documents referred to thon
concerning the said election. Youl
committee find, by the report of tn.
county canvasscrs for the said county
(Which report is made ont in proper
form, signed by the county canvasser:
and signed and sealed by the clerk o
tho Court of Common Pleas ant
General Sessions. for Abbevillo Coun
ty) that, for senator, James S. Goth
ran received fourteen hundred ant
eight (l4OSo votes, and l.. l.. Cuff,
fourteen hundred and three 1403
votes, making q majority for Jane!
y. Cothran of five (5) votes. Youl
committee havo concluded that, &C
'cording to;ArGcic VIII and Section II
of the Constitution Of this State :alsc
by Section 80 Of an act Of the Gencr
al Assembly, ratified on tho 2Gth day
OF September, 1868, that the report OF
statement7of tho county canvassers is
1''S,na facic evidence of the said James
>. Cothrans light to q seat as senator
from the County Of Abbcvillc. But
the said James S. Cothran's seat is
contested by i. l.. Guffin, one Of the
county canvasscrs for Abbcviilc coull-
ey, upon the following grounds, to
First. because tho poll at Calhoun 5
Minis was not opened according TO law.
secondly. Because there was only
one of the legally appointed managers
That acted as managers ut Calhoun's
Mills on the day Of election, to wit ::
the 25th day Of MAY, A. d. 1869.
Iinrdly. Because at Child's Gross
hoads there were three young men
registered on the day Of said election.
contrary to the act PROVE rs for IN
election to fiji certain va .:ncics, ap-
proved the Esd day of March, "A. y.
1869.
Your committee have examined
several witnesses in this case accord
ing to the testimony Of l.. P. Guffin,
the poll was not opened at C:;'houn's
Aill till 8! o'clock a. n. Section SC
Tenth OF an act Of the General AS
ssmoly, approved the 26th day Of
September, A. d., 1868, requires that
the polls should be opened ats o'clock
a. a., and remain open till 6 o'clock
L NJ AS it has been shown that the
poll at Calhoun's Mills was not opcn-
Cd as the law directed. it is plain that
the law was not complied with, and
the election at that poll WAS not held
according to law.
Agai" it is shown, hy the testimony
OF the samc gentleman, that he was
at Calheuas Mills on the day oc thc
ssid cletiongacting as deputy State
constable, and saw the chairman of
tho board of managers appoint 4 per-
son TO act as manager Of election ut
that poll, and he Qhc said Gutlin) did
aiot object to such appointment.
Your committee have concluded that,
according to section second Of All act
of the General Assembly, approved
the Goth day of September, A. d:
1868, none but the commissioners Of
election who were appointed by the
dioxernor had the right to appoint
manager or managers Of election and
that, therefore, the election which was
holden at the poll at Caiaouns Mills,
on the 25th day of May, 1869. man.
aged by person who had not the lc-
gal authority SO TO act, is illegal, and
should have been declared void by the
county I.aDEassers.
ThS,ground upon which the scat Of
Mr. 'Cothran is contested thirdly is,
that three young men registered on
tho day Of election. The testimony
of Mr.. L. P. Guffin shows this to be
the fact. Your committee hold that
the fact Of those young men having
registered on the day Of election did
not qualify thom to vote, nor the fact
of they not being registered. disquali-
fed them from voting, if they pos
sessed the qualifications prescribed by
Section g Of Article ,vIII of the Con
stitution Of this State. There is no
evidence to show that they were not
so qualified: From the statement OF
Mr.. A: L. 'Ghffin, one Of the county
canvassers,i and contestant in this case
it was the opinion of tho board of
canvasscrs that it was the duty Of the
State canvasscrs to throw ont the bad
or illegal votes, if it were shown to
that stieh were east. TITS plai', that
such ,was the opinion Of Mr.. L. l..
Guff1n, the contestant, inasmuch rs
when the statement of the votes was
sent to the State canvasscrs several
afidavits accompanied it, to prove H.
legal votes, and to show that there
were many persons WHO were intimi-
dated, and were afraid and did not
vote.
Your committee is in possession OF
twelve afiidavits, furnished them by
Mr.. Gnffih, the contestant of this
character. These affidavits arc cor
roborated by the testimony of Dir.
Thomas A. Sullivan, who states that
he was acting as deputy State consta.
bio on that occasion, and that there
were between. tharty and forty per.
sons driven from the poll and not
permitted to vote. Mr.. James S
Cothran, who received tho highest
number Of votes for senator, was moi
served with copy Of the protest
showing the grounds uDon which hi: