, 1874-11-20

i1aAtor convened tho Genornl Assembly by proc
aa anm advised thom to aabsnit m &c
this, and adjourned
:, , WITHOUT EYER TOUCHING
the question OF contest for Which tEoy ,yore a.
ae1nb1ou. The Constitution under which shoy
were holding docs not anywhoro provide thhttha
Legislature ma5 call n Convention, but locy pro-
vide tho lannnor In which the Constitution may
10 a}teroa Or amenteh.
Tho Convention was caliod Tho Election law
Of tho State WIN yiolasod In tho election, Of dol
ogatcs.- 1he Convention asaa,ublad. a,,l framed
q now Constitution, which t}lpy submitted TO the
poople on tho 18th Of October, an1, ut the sama
tno. ordored All o1ootou hold for all the oilicora
provided lor BY tho nov, Consultation. Thu To
publican esato Convention advised Republicans
nos to v0to NJ tho election, declaring tho whola
proceedings
"sr1a AND VOID"
Ihe Election CuanEnonors returned vote
Of 1o3 601 as polo. o,, tho adoption or rejection
Of tho Constitution, aud majority in Its favor
Of 54,h0o: Tho assessment of pulls in tue state
SHOWS only l03, 800 mon OF voting age. And
closo examination OF election returns shows that
IL clonoly-oontehted oloct1on, only eight uo!es
Thoro #ero at least 20, 00D Republicans who did
flot vote. and iii Hono Of tho strongest Domo-
cfatlc counties, but l!ttlo over half tho voters
won't 70 tAe pol!s. Thoso faeta intlirate tho
inqss gigantic clect!on'fraudB over committed.
undnr the laws Of this stato tho only mauuer
o1 ascertasbing vacancy In either Houae Of tho :
unneral Assembly ia through tho House iu which
T. occurss or by resignation Of tho member to the
Governor, 10 secure the control of tho auneral
Assembly IN 1573, Gov. Baxter promised aomo OF
tho best Offices in bis gift to such members as he
Gnu1u influence III tlat way and. ut tho close Of
tho session, he appointed thirty-tiye members Of
the General Assembly to oilico. Directly after
Wnrda, v, slx othora resigned. la tue ass,.ner OK
laI3 Dastos ordered IN election -asyun,iny
httfe 'eas q cacancy itl eUery case maers he had
dppolafed Il 7Rent1er TO office.
a., THIS ELEoTioN WAS 1LLanA1;
sho rogstsation which preceded it syAs illegal
the Judges vino hod 1t wora not regular Judges.
who' undor tho law, aro appointed and Hold
oiice Tor TWO yoars; and it Was tho ,ue1l clocted
" at ths election who called tie Goust tutfoua1
oolve1,tlon. To show shis, soud you tho tossi~
tnksn last Saturday, Of II. III. Cooper, Clo,ls oi
TIM Houso; James Turrans, Ho,.atoi /; al1d OF
uov. taraud, Who, Us Deputy Secretary Of
State, issued tho certificates
Mn II. IL CoDpEE.
1Was Clerk Of tho House Of Representatives orgau.
led In 1879; give lfat Of tic me,nbees Of tIt
House and senats organized then; O.. ". Talke.sas
ernor, v. v: Smith, was ex-otcio President Of tito
Senate; do not know Inv many died or novel OH.
who tcagued before the extraordinary session was
held nu scnatotH resigned. at that Hesaou in May
there wero seventeen nsombess Of the od House All,
s~ercd to roca1I; A1r. Tfflar one Of tho old ngc-
bers, read 1at Of inemLers said to be elected wss
at tho House Saturday after asaoublcd, aud called
1cea Of tho Speaker nud Clcrk vacan tue motion w.s
carried there worc only sercnteen membcrs Of tho
Legislature present seventeen men woso nyso; III on
naks mla quorum ON & t1s sseSna asy, ssyssa! mo.s
guofs Il the IL nsu;e 'f' II ndaysf. nsyss w y
ths legislature as = adjouaned in APRIL, 1879
tho Question Of calling Constitutional Convention
;noto WA ot quorum present Of members Of thu "ld
present. and fur new scnatora were sworn in there
%ero fourteen PERSONS present won quorum was d.
It., cross.s1aMHsa ey Iiowara-I know The rscan.
cfes r. efiating from noT artsrs prosla'nation
clanlaio which stated that hfx vacancies created
by rest0nalionB.
tJudgs Mcclure suggested tho introduction Of tia
anrals Of tho HOUSES In tic sessions Of 1878 and 1s7
which WIS ordsred.]
thai ars INSIDE part OF my testimony.
turo who voel on she &C. callipg the constitutional
Convention fifty Yotes woro cast all for it.
THE HON. JAlEs 1oRAASs.
by Rtce-1 am . member Of the State Senate I
waa at the extraordinary session III May tllcro were
only nine otnbers OF t6e did ssnate Of ISIS preaent
wigu tho act calling tho Convention passed Six
q: tlem voted for tic bil mud three ngaiust 1t tha
yo!o stood IL for md against the oct.
atorA recognized members Of the scnae; see that
was mistaken US to the number Of Old Ecnntora
thorG ere no seventeen ola ss.tors resoyntzsd us
tors at ono time or another, participated In the bukl.
ncss OF tia seuate
aoy. GARLAND RECALLED.
ny McCinrs-i Mil H'ting 1,truty sc.retury
Of stato u M.y lasl tnrai4le' 7ll or members
neWiy elected: Il was !Is thia think this papsr il
from any election officers Lad nothing pertaining
to tho election Of tho men OH thls roll
a =; II mas tss 9s sts aSa fem s a
records of the Secretary Of States otlcc wrrp in oy
seaalon Of Brooks as that time.
The officers elootod under tue new Constitu-
tiun have nii BEEN instat.ed. Tho township and
county officers wero commissioned :lrst W Gov.
Baxtor. and all officers Nera Dworn in before
Baxter vacated hlH oltico mud Garland wa8 in
stntled. On Wednesday OF last week, Daxtcr
gave up tho office Of Governor to tue Hon. 4. II.
Gurlaud, and returned to his Homo III BatasyIlIe.
This was tho situation OIL Saturday Ulla: Y. y.
Smith, who ran ou the ticket with Eaxtc: fo1
Lieutenant Governor, and whose election has
NEVER DEEM CONTESTED,
is8ued 8 proclamation claiming that he wAs the
legnl Governor OF the State, by virtue ut tne Con-
stitution Ut 1868, which he declatos to 10 still in
force. This proclamation is temporarily wurlca,
disoain,s aia idea Of force. and appeals 70 the
President to detormlno between hmselt and
Gariaul. The proclamation waB published as
III extra Republican OH Saturday evening, about
s o'oluek and, two hours tlaereafte", the Mh1,-
uglng editor Of the Republican, Jolln e.. Price,
was, arrested upon tho a,iidayit Of Gov.
Garland, chaTg!H6 MN Will conspiracy
at ONO ordered by the Bhaun to
jal, though his friends Ind ascortaned lilo
amount Of bail required. ald were preparing tho
bond. The Deputy sheriff who had Capt. Price
in charge held him in custody, however, until
the bond waH roatty, and he waa then released,
Monday morning ho was tried before tho 1uasa
OF tile Circuit und disoharged. Not one rnr:t::.y
Of evidence sSss elic,tod TO show tue' "
guilty Of conspiracy. aud lid arreBt X u.,
mntte to intss.i,!nte others.
Thus asanda the tpattor ut present