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

SATURDAY MORNING, DE
istered on the day of election. The testimony OF
Mr. L. P. Guhin shows this to be the fact Your
committee hold that the fact OF those young men
having registered on the day OF the election did
not qualify them to VOTE nor the fact OF they not
| beinr reristered disqualified them from voting, II
they possessed the qualifications prescribed by
Section of Article VIII OF the Constitution OF
this State. There Is no evidence to show that
they were not so qualified. From the statement OF
Mr. l.. L. Guffin, one of the county canvassers,
and contestant in this case 1t was the opinion OF
the board OF canvassers that it was the duty OF
the State canvassers to throw out the bad or ile-
pal votes IL It were shown to them that such
were cast 1t is plain that such was the opinion
OF Mr. L. l.. Guffln, the contestant, inasmuch as
when the statement Of the votes was sent to the
state canvassers several ahldavlts accompanied
IT, TO prove illegal votes and to show that there
were many persons who were intimidated, and
| were afraid and did not vote.
Your committee is in possession OF twelve afll-
dayits. furnished them by Mr. Guf1ln, the con-
! testant OF this character. These afiidavlts are
| corroborated by the testimony OF Mr.. Thomas A.
Sullivan, who states that he was acting as deputy
State constable on that occasion and that there
from the poll and not permitted to vote. Mr..
James S. Cothran, who received the highest num-
ber OF votes for senator, was not served with O
which his seat was to be contested, but hearing
that 1t was claimed by Mr.. l.. l.. Guffln that the
voters at Calhoun's Mills were intlmidated,
furnished your committee eso, with , me AMI AMI
election wes orderly, and that all had the
right to vote as they desired, without being
molested or made afraid. These afildavits are
somewhat corroborated by the testimony OF Mr.;
L. P. Guffln, who on cross-eXaminatlon, stated
that he told person before he left the poll that
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 to deduct any votes from the highest
candidate as there Is not nor could there be,
any testimony given to show for which OF the
candidates such person or persons would have
| voted. Your committee further hold that they
could not throw ont any votes: First because 1t
Is not claimed or shown that. there were more
votes cast than we're legal voters at tnat pol:
OF the General Assembly, approved September 26,
1865 1t makes 1t the duty OF the managers or cleo.
ton to throw out surplus votes and prescrlbes
| the manner in which 1t Is to be done. Your conn.,
mittee have carefully peruscd all the documents
referred to them, have heard all the testimony
adduced, and have concluded that II they were TO
sit for the space OF one month in this case, there
| would be testimony produced both pro and con.
Your committee lave reported the facts In this
case to your honorable body, and concluded that,
according to Section IA OF Article OF the consti.
tuition OF this State, the Senate can only Judge OF
claiming the seat Is the proper person to be seat
ed J.J. WRIGHT, Chairman, (cold)
H. BUCK.
| w. X. H0YT.
The following supplementary report was also
read:
The undersigned members Of the Committee
on Privileges and Elections, beg leave to submit
| the following additional report, In regard to the
! contested election case between l.. H. Quinn anu
j. S. Cothran: That as set forth IN the report OF
| th pnItf n q n
| tIgaton OF the facts In the case, that from the
intimidation, fraud and other irregularities used
| and practlced Mt Calhoun's Mills, and other pre-
clncts, fair expression was not had at those
precincts and that the said l.. l.. Quinn received
| q majority OF the votes cast at the precincts
where no such intmdations or fraud was
| practced.
honorable body that l.. L. Gufln be declar ed duly
elected as member ofthis Senate, and entitled
to his seat in the same.
All OF which is respectfully submitted.
| W. r. HOYT.
| y. j. P. OWENS
| WV. ROSE.
J.J. Wright, colored, offered the followidg reso
luton:
Whereas, 1t appears, by the report Of the Com.
mittec on Privileges and Elections, that such ir.
regularities occurred In the conduct OF the recenl
election for senator in the County OF AoDeVliie
as to vitlate the same; therefore, be II
Resolved That said election be declared null
and void.
The motion was seconded by W. B. Nash,
colored.
Wright, In reply to request from Leslie to give
hts reasons for making the motion, said, substan-
TALLY: The Legislature had appointed county
canvassers to superlntend the election, and sec
that it was conducted according to law, and II
there were any illegal votes, TO throw them out
|
1t appeared, from the testimony. According to
the law, the report OF the county canvassers Is
final. While, perhaps, they knew Of irregularities
yet they would not throw out the votes for the
reason perhaps, that such action would have In
terrered with the election for county officers, who
were voted for at the same time and who havS
been since installed. 1t was shown that there
was fraud at the elccton-at Calhoun's Mills-and
1t was in evidence that men had been intmldat
ed, but the committee took no cognizancc OF 1t
because IL was not admissible to show which way
those who were intimidated and prevented from
voting would have voted. There was no corrup
ton shown in the cUniuct of tho judges. and The
law does not allow the committee to go behind
their report. The law, however, does allow the
House or Senate to declare the election null and
void If 1t be shown that there was neglect OF duty
on the part OF the county canvasscrs; and there
was neglect Of duty-because the manager OF the
Calhoun's Mills precinct appointed manager
there, when only the commissioners OF election
had right to appoint manager.
Leslie said he was sorry to see that consdera
bic outside political pressure was being brought
to bear upon the senators In regard to this cleo
ton contest. lie had been Democrat once, ant
he knew that there were some things that party
would do that the Devil himself, were he on
EARTH could not excel. lie did not want the sena.
tors to do like the Democrats would do-no
give Republican a fair showing-but to give
each OF the contestants chance. He knew thai
II this was contest between Radicals and Demo
Gratis, and this were Democratic Senate, tht
senators would OF give Gunln time to say "Go(
have mercy on my SOUL" before they woult
chuck him out OF the window; and that is the way
some OF the Republicans want to do with thei
opponents representative, because they tthc Radi
cals) are now in power. This Is not the right way
this is not justice-but it does not seem that there
will ever be justice In South Carolina when i
comes to question of politics or color. II mar
saws he Is Democrat that party goes for him
and If he says he Is q Republican, the Republican;
90 for him, right or wrong. There never was 8
fair election held in Abbcville, and now for per