The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-12-04

SATURDAY MORNING., De-
istercd ON the day OF election. The testimony OF
Mr.. l.. T.. Guilln shows this to be the fact. Your
committee hold that the fact Of those young men
having registered OH the day OF the election did
not qualify them tn votc, nor the fpct OF They moi
being registered disqualified them from voting. if
Section 2 OF Article Viii oI the Constitution Of
they were not so qualified. From the statement Of
Mr.. l.. H. Gunln, one or the county canvassers
aud contestant In this case, 1t WAS the opinion OF
the board or cnnvnSSers that IL was the duty OF
the State canvasscrs to throw out the bad or ilic
gal votes, II u were shown to them TINT silch
were cast: II is plain that such was the opinion
OF Mr.. l.. l.. Gunin, the contestant. inasm,iclI as
when the statement OF the votes was sent to the
State canvasscrs several atlldavits accompanied
II, to prove illegal vOtca, and TO show that there
were many persons who were intlmidutcd, and
were afraid and did not vote
Your committee Is In possession or twelve AMI
davits, furnished them by Mr.. GufIln, the con-
testant, OF this character. These afl,iavlts are
Sullivan, who states that Inc wus acting as deputy
state constable on that occasion, md that there
were between thirty and forty ..ersons driven
from the poll aid not permitted to vote. Mr.
James S. Cothran, who received the highest num-
Der or votes for senator, was not served with
copy OF the protest showing the grounds upon
which his sent was to be contested but hearing
That It WAS claimed by MT l.. l.. 6uGin that the
davits OF ten persons, showing that the
election was orderly, and that all had the
molcstel or made afraid These aridav!ts nrs
somewhat corroborated by the testimony OF Mr..
that he told person before hi, left thc poIl thnt
he was satisfied with the election.
Your committee hold that II there were any per-
son or persons who did not vote on account OF
fear, or for any other reason, that they have not
the right 10 deduct any yott3 flum the highest
candidate, rs there Is not, nor could there be-
any testimony given to SHOW for which OF tic
candidates such person or persons would have
voted. Your committee further hold that they
m n Unfn I.Iref Ie
Is not claimed OF shown that there were more
votes cast than were legal voters at that poll.
or the General Assembly approved Scptcmber 20.
1885, 1t makes 1t the duty or the managers OF cleo.
tion TO throw out surplus votes. ami prescribcs
the manner In which II Is TO Inc done. Your COM
mlttcc have carefully pcrusct ull the documents
referred to them, have heart oil the testimony
sit for the space OF one month in this case there
would he testimony produced both pro and con.
Your committee havo reported the facts In this
according 10 Section IA Of Article Of the consti
tuition OF this State, tile Senase can only judge OF
the election returns, and which OF the lRrsOB5
claiming the scat s the proper person to 6e seat
Ell. ~; WRIGHT Chairman, tcoi'd,l
W. X. uOYT..
The following supplementary repor: was also
read:
The undersigned. members OF the Committee
on Privileges and Elections, heg leave to submit
contested election case between l.. l.. Gufiln and
j; 5. Cothran: That as set fofth In the report OF
this committee, and as shown upon due Inycs.
tigatlon OF the facts In the case, that from the
intimidation, fraud and othct Irregularities used
and practiced ut Caihoun's Mills and other pre-.
clnctS, falr expression was not had at those
precincts, and that the said H. l.. Gullln received
majority or the votes cast ut the precincts
where no such ihtimidalions or fraud was
we, therefore, respectfully recommend to this
honorable body TINT l.. l.. Gualn he declar cd duly
elected as q member ofthls Senate, and entitled
TO his seat In the same.
All OF which is respectfully Submitted.
y. r. HoYT:
WM. ROSE.
J.J. Wright, colored, offered the followidg rcso.
luton:
Rhefea$, It appears, by the report OF the Com
mittee on Privileges and Eecti1, ., that such ir
election for senator In the County Of AbbeyilIc
as TO vltate the same; therefore, be II
ReSolred, That said election be declared null
and void.
The motion was seconded. by W. B. Nash,
colorcd. r
Wright In reply to a requea,ssom Leslie to give
his reasonslnr making tEosm5tsoii. snid, suostan
tally: The Legislature had appointed county
canvassers TO supcrlntcnd the election, and see
that 1t was conducted according to law, and If
there were any illegal votes, to throw them out
II there were such, they did not throw them out
1t appeared, from the testimony. According to
shS MHi iCpoIG VI tUt COuuLJ CunNaSScT3 Is
nna Willie, perhaps, they knew OF Irregularities,
yet they would not throw out the votes for the
reason, perhaps, that such action would have In.
tcrfcred with the election for county officers, who
were voted for at the same time and who have
been since Installed. It was shown that there
was fraud Mt the election-at Calhoun's Mills-and
IL was In evidence that men had been intimIdat-
cd, put the committee took no cognizance OF It.,
because II was not admissible to show which way
those who were intmlated and prevented from
voting would have voted. There was no corrup-
tIon shown In tho conduct Of the judges, and the
law does not allow tile committee 10 go behind
their report. The law. however, does allow the
House or Senate to declare tile election null and
void IL II be shown that there was neglect of duty
on the part OF the county canvassers; md there
was neglect OF duty-becausc the manager OF the
Calhoun's Mills precinct appointed q manager
there, when only the commissioners OF election
had right to appoint manager.
Leslie said he was sorry to see that considera-
bic outside political pressure was being brought
to bear upon the senator's In regard to this elec.
tion contest. He had been O Democrat once and
he knew that there were some things that party
would do that the Devil himself, were he on
earth, could not excel He did not want the sens
tors TO do like the Democrats would do-not
give Repuoiicau fair showlng-but TO give
each OF the contestants chance. lie knew that
II this was contest between Radicals and Demo-
Gratis, and this were Democratic Senate, the
senators would OF give Quinn time to sny "God
have mercy on my SOUL" before they would
chuck him out OF the window; and that ia the way
some Of the Republicans want to do with their
opponents representative, because they (the RadI.
cals) are now In power. This Is not the right way
this Is not tustee-but 1t does not seem that there
Will ever be Justice In South Carolina when 1t
comes to question OF politics or color. II man
says lie Is Democrat, that party goes for him.
ana II he says he Is Republican, the Republicans
go for him, right or wrong. There never was a
fair election held in AbbcyIllc. and now for per
son to declare his intention to vote the Repub
can ticket there his life IL cndangcred; hc is
threatened before the election, Oil his way to and
ut the polls, and IL he vote as lie deems best, he
may consider himself well OF IL he get home a We